Florida Senate - 2011                             CS for SB 1698
       
       
       
       By the Committee on Health Regulation; and Senator Dean
       
       
       
       
       588-03213-11                                          20111698c1
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.; deleting
    4         legislative intent; defining the term “bedroom”;
    5         providing for any permit issued and approved by the
    6         Department of Health for the installation,
    7         modification, or repair of an onsite sewage treatment
    8         and disposal system to transfer with the title of the
    9         property; providing circumstances in which an onsite
   10         sewage treatment and disposal system is not considered
   11         abandoned; providing for the validity of an onsite
   12         sewage treatment and disposal system permit if rules
   13         change before final approval of the constructed
   14         system; providing that a system modification,
   15         replacement, or upgrade is not required unless a
   16         bedroom is added to a single-family home; deleting
   17         provisions requiring the Department of Health to
   18         administer an evaluation and assessment program of
   19         onsite sewage treatment and disposal systems and
   20         requiring property owners to have such systems
   21         evaluated at least once every 5 years; deleting
   22         provisions prohibiting the land application of septage
   23         and requiring the Department of Environmental
   24         Protection to recommend to the Governor and
   25         Legislature alternative methods for land application
   26         of septage; creating s. 381.00651, F.S.; requiring a
   27         county or municipality to adopt under certain
   28         circumstances a local ordinance creating a program for
   29         the periodic evaluation and assessment of onsite
   30         sewage treatment and disposal systems; requiring the
   31         county or municipality to notify the Secretary of
   32         State of the ordinance; authorizing a county or
   33         municipality, in specified circumstances, to opt out
   34         of certain requirements by a specified date;
   35         authorizing a county or municipality to adopt or
   36         repeal, after a specified date, an ordinance creating
   37         an evaluation and assessment program; providing
   38         criteria for evaluations, qualified contractors,
   39         repair of systems, exemptions, notifications, fees,
   40         and penalties; requiring that certain procedures be
   41         used for conducting tank and drainfield evaluations;
   42         providing for certain procedures in special
   43         circumstances; providing for assessment procedures;
   44         requiring the county or municipality to develop a
   45         system for tracking the evaluations; providing
   46         criteria; requiring counties and municipalities to
   47         notify the Secretary of Environmental Protection that
   48         an evaluation program ordinance is adopted; requiring
   49         the department to notify those counties or
   50         municipalities of the use of, and access to, certain
   51         state and federal program funds; requiring the
   52         department to provide certain advice and technical
   53         assistance, within existing resources, upon request
   54         from a county or municipality; amending s. 381.00656,
   55         F.S.; extending the date by which the Department of
   56         Health is required to begin administering the grant
   57         program for the repair of onsite sewage treatment
   58         disposal systems; adding a cross-reference; amending
   59         s. 381.0066, F.S.; conforming a cross-reference;
   60         lowering the fees imposed by the department for
   61         evaluation reports; providing an effective date.
   62  
   63  Be It Enacted by the Legislature of the State of Florida:
   64  
   65         Section 1. Subsections (1), (5), (6), and (7) of section
   66  381.0065, Florida Statues, as amended by chapter 2010-283, Laws
   67  of Florida, are amended, present paragraphs (b) through (p) of
   68  subsection (2) of that section are redesignated as paragraphs
   69  (c) through (q), respectively, a new paragraph (b) is added to
   70  that subsection, and paragraphs (w), (x), (y), and (z) are added
   71  to subsection (4) of that section, to read:
   72         381.0065 Onsite sewage treatment and disposal systems;
   73  regulation.—
   74         (1) LEGISLATIVE INTENT.—
   75         (a) It is the intent of the Legislature that proper
   76  management of onsite sewage treatment and disposal systems is
   77  paramount to the health, safety, and welfare of the public. It
   78  is further the intent of the Legislature that the department
   79  shall administer an evaluation program to ensure the operational
   80  condition of the system and identify any failure with the
   81  system.
   82         (b) It is the intent of the Legislature that where a
   83  publicly owned or investor-owned sewerage system is not
   84  available, the department shall issue permits for the
   85  construction, installation, modification, abandonment, or repair
   86  of onsite sewage treatment and disposal systems under conditions
   87  as described in this section and rules adopted under this
   88  section. It is further the intent of the Legislature that the
   89  installation and use of onsite sewage treatment and disposal
   90  systems not adversely affect the public health or significantly
   91  degrade the groundwater or surface water.
   92         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   93  term:
   94         (b) “Bedroom” means a room that can be used for sleeping
   95  which, for site-built dwellings, has a minimum 70 square feet of
   96  conditioned space, or, for manufactured homes constructed to HUD
   97  standards, has a minimum square footage of 50 square feet of
   98  floor area and is located along an exterior wall, has a closet
   99  and a door or an entrance where a door could be reasonably
  100  installed, and an emergency means of escape and rescue opening
  101  to the outside. A room may not be considered a bedroom if it is
  102  used to access another room, unless the room that is accessed is
  103  a bathroom or closet and does not include a hallway, bathroom,
  104  kitchen, living room, family room, dining room, den, breakfast
  105  nook, pantry, laundry room, sunroom, recreation room,
  106  media/video room, or exercise room. For the purpose of
  107  determining system capacity, occupancy is calculated at a
  108  maximum of two persons per bedroom.
  109         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  110  construct, repair, modify, abandon, or operate an onsite sewage
  111  treatment and disposal system without first obtaining a permit
  112  approved by the department. The department may issue permits to
  113  carry out this section, but shall not make the issuance of such
  114  permits contingent upon prior approval by the Department of
  115  Environmental Protection, except that the issuance of a permit
  116  for work seaward of the coastal construction control line
  117  established under s. 161.053 shall be contingent upon receipt of
  118  any required coastal construction control line permit from the
  119  Department of Environmental Protection. A construction permit is
  120  valid for 18 months from the issuance date and may be extended
  121  by the department for one 90-day period under rules adopted by
  122  the department. A repair permit is valid for 90 days from the
  123  date of issuance. An operating permit must be obtained prior to
  124  the use of any aerobic treatment unit or if the establishment
  125  generates commercial waste. Buildings or establishments that use
  126  an aerobic treatment unit or generate commercial waste shall be
  127  inspected by the department at least annually to assure
  128  compliance with the terms of the operating permit. The operating
  129  permit for a commercial wastewater system is valid for 1 year
  130  from the date of issuance and must be renewed annually. The
  131  operating permit for an aerobic treatment unit is valid for 2
  132  years from the date of issuance and must be renewed every 2
  133  years. If all information pertaining to the siting, location,
  134  and installation conditions or repair of an onsite sewage
  135  treatment and disposal system remains the same, a construction
  136  or repair permit for the onsite sewage treatment and disposal
  137  system may be transferred to another person, if the transferee
  138  files, within 60 days after the transfer of ownership, an
  139  amended application providing all corrected information and
  140  proof of ownership of the property. There is no fee associated
  141  with the processing of this supplemental information. A person
  142  may not contract to construct, modify, alter, repair, service,
  143  abandon, or maintain any portion of an onsite sewage treatment
  144  and disposal system without being registered under part III of
  145  chapter 489. A property owner who personally performs
  146  construction, maintenance, or repairs to a system serving his or
  147  her own owner-occupied single-family residence is exempt from
  148  registration requirements for performing such construction,
  149  maintenance, or repairs on that residence, but is subject to all
  150  permitting requirements. A municipality or political subdivision
  151  of the state may not issue a building or plumbing permit for any
  152  building that requires the use of an onsite sewage treatment and
  153  disposal system unless the owner or builder has received a
  154  construction permit for such system from the department. A
  155  building or structure may not be occupied and a municipality,
  156  political subdivision, or any state or federal agency may not
  157  authorize occupancy until the department approves the final
  158  installation of the onsite sewage treatment and disposal system.
  159  A municipality or political subdivision of the state may not
  160  approve any change in occupancy or tenancy of a building that
  161  uses an onsite sewage treatment and disposal system until the
  162  department has reviewed the use of the system with the proposed
  163  change, approved the change, and amended the operating permit.
  164         (w) Any permit issued and approved by the department for
  165  the installation, modification, or repair of an onsite sewage
  166  treatment and disposal system shall transfer with the title to
  167  the property. A title is not encumbered at the time of transfer
  168  by new permit requirements by a governmental entity for an
  169  onsite sewage treatment and disposal system which differ from
  170  the permitting requirements in effect at the time the system was
  171  permitted, modified, or repaired.
  172         (x) An onsite sewage treatment and disposal system is not
  173  considered abandoned if the properly functioning onsite sewage
  174  treatment and disposal system is disconnected from a structure
  175  that was made unusable or destroyed following a disaster and the
  176  system was not adversely affected by the disaster. The onsite
  177  system may be reconnected to a rebuilt structure if:
  178         1. The reconnection of the onsite sewage treatment and
  179  disposal system is to the same type and approximate size of
  180  rebuilt structure that existed prior to the disaster;
  181         2. The onsite sewage treatment and disposal system is not a
  182  sanitary nuisance; and
  183         3. The onsite sewage treatment and disposal system has not
  184  been altered without prior authorization.
  185  
  186  An onsite sewage treatment and disposal system that serves a
  187  property that is foreclosed upon is not an abandoned system.
  188         (y) If an onsite sewage treatment and disposal system
  189  permittee receives, relies upon, and undertakes construction of
  190  a system based upon a validly issued construction permit under
  191  rules applicable at the time of construction, but a change to a
  192  rule occurs after the approval of the system for construction
  193  but before the final approval of the system, the rules
  194  applicable and in effect at the time of construction approval
  195  apply at the time of final approval if fundamental site
  196  conditions have not changed between the time of construction
  197  approval and final approval.
  198         (z) A modification, replacement, or upgrade of an onsite
  199  sewage treatment and disposal system is not required for a
  200  remodeling addition to a single-family home if a bedroom is not
  201  added.
  202         (5) EVALUATION AND ASSESSMENT.—
  203         (a) Beginning July 1, 2011, the department shall administer
  204  an onsite sewage treatment and disposal system evaluation
  205  program for the purpose of assessing the fundamental operational
  206  condition of systems and identifying any failures within the
  207  systems. The department shall adopt rules implementing the
  208  program standards, procedures, and requirements, including, but
  209  not limited to, a schedule for a 5-year evaluation cycle,
  210  requirements for the pump-out of a system or repair of a failing
  211  system, enforcement procedures for failure of a system owner to
  212  obtain an evaluation of the system, and failure of a contractor
  213  to timely submit evaluation results to the department and the
  214  system owner. The department shall ensure statewide
  215  implementation of the evaluation and assessment program by
  216  January 1, 2016.
  217         (b) Owners of an onsite sewage treatment and disposal
  218  system, excluding a system that is required to obtain an
  219  operating permit, shall have the system evaluated at least once
  220  every 5 years to assess the fundamental operational condition of
  221  the system, and identify any failure within the system.
  222         (c) All evaluation procedures must be documented and
  223  nothing in this subsection limits the amount of detail an
  224  evaluator may provide at his or her professional discretion. The
  225  evaluation must include a tank and drainfield evaluation, a
  226  written assessment of the condition of the system, and, if
  227  necessary, a disclosure statement pursuant to the department’s
  228  procedure.
  229         (d)1. Systems being evaluated that were installed prior to
  230  January 1, 1983, shall meet a minimum 6-inch separation from the
  231  bottom of the drainfield to the wettest season water table
  232  elevation as defined by department rule. All drainfield repairs,
  233  replacements or modifications to systems installed prior to
  234  January 1, 1983, shall meet a minimum 12-inch separation from
  235  the bottom of the drainfield to the wettest season water table
  236  elevation as defined by department rule.
  237         2. Systems being evaluated that were installed on or after
  238  January 1, 1983, shall meet a minimum 12-inch separation from
  239  the bottom of the drainfield to the wettest season water table
  240  elevation as defined by department rule. All drainfield repairs,
  241  replacements or modification to systems developed on or after
  242  January 1, 1983, shall meet a minimum 24-inch separation from
  243  the bottom of the drainfield to the wettest season water table
  244  elevation.
  245         (e) If documentation of a tank pump-out or a permitted new
  246  installation, repair, or modification of the system within the
  247  previous 5 years is provided, and states the capacity of the
  248  tank and indicates that the condition of the tank is not a
  249  sanitary or public health nuisance pursuant to department rule,
  250  a pump-out of the system is not required.
  251         (f) Owners are responsible for paying the cost of any
  252  required pump-out, repair, or replacement pursuant to department
  253  rule, and may not request partial evaluation or the omission of
  254  portions of the evaluation.
  255         (g) Each evaluation or pump-out required under this
  256  subsection must be performed by a septic tank contractor or
  257  master septic tank contractor registered under part III of
  258  chapter 489, a professional engineer with wastewater treatment
  259  system experience licensed pursuant to chapter 471, or an
  260  environmental health professional certified under chapter 381 in
  261  the area of onsite sewage treatment and disposal system
  262  evaluation.
  263         (h) The evaluation report fee collected pursuant to s.
  264  381.0066(2)(b) shall be remitted to the department by the
  265  evaluator at the time the report is submitted.
  266         (i) Prior to any evaluation deadline, the department must
  267  provide a minimum of 60 days’ notice to owners that their
  268  systems must be evaluated by that deadline. The department may
  269  include a copy of any homeowner educational materials developed
  270  pursuant to this section which provides information on the
  271  proper maintenance of onsite sewage treatment and disposal
  272  systems.
  273         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  274         (a) Department personnel who have reason to believe
  275  noncompliance exists, may at any reasonable time, enter the
  276  premises permitted under ss. 381.0065-381.0066, or the business
  277  premises of any septic tank contractor or master septic tank
  278  contractor registered under part III of chapter 489, or any
  279  premises that the department has reason to believe is being
  280  operated or maintained not in compliance, to determine
  281  compliance with the provisions of this section, part I of
  282  chapter 386, or part III of chapter 489 or rules or standards
  283  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  284  part III of chapter 489. As used in this paragraph, the term
  285  “premises” does not include a residence or private building. To
  286  gain entry to a residence or private building, the department
  287  must obtain permission from the owner or occupant or secure an
  288  inspection warrant from a court of competent jurisdiction.
  289         (b)1. The department may issue citations that may contain
  290  an order of correction or an order to pay a fine, or both, for
  291  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  292  part III of chapter 489 or the rules adopted by the department,
  293  when a violation of these sections or rules is enforceable by an
  294  administrative or civil remedy, or when a violation of these
  295  sections or rules is a misdemeanor of the second degree. A
  296  citation issued under ss. 381.0065-381.0067, part I of chapter
  297  386, or part III of chapter 489 constitutes a notice of proposed
  298  agency action.
  299         2. A citation must be in writing and must describe the
  300  particular nature of the violation, including specific reference
  301  to the provisions of law or rule allegedly violated.
  302         3. The fines imposed by a citation issued by the department
  303  may not exceed $500 for each violation. Each day the violation
  304  exists constitutes a separate violation for which a citation may
  305  be issued.
  306         4. The department shall inform the recipient, by written
  307  notice pursuant to ss. 120.569 and 120.57, of the right to an
  308  administrative hearing to contest the citation within 21 days
  309  after the date the citation is received. The citation must
  310  contain a conspicuous statement that if the recipient fails to
  311  pay the fine within the time allowed, or fails to appear to
  312  contest the citation after having requested a hearing, the
  313  recipient has waived the recipient’s right to contest the
  314  citation and must pay an amount up to the maximum fine.
  315         5. The department may reduce or waive the fine imposed by
  316  the citation. In determining whether to reduce or waive the
  317  fine, the department must consider the gravity of the violation,
  318  the person’s attempts at correcting the violation, and the
  319  person’s history of previous violations including violations for
  320  which enforcement actions were taken under ss. 381.0065
  321  381.0067, part I of chapter 386, part III of chapter 489, or
  322  other provisions of law or rule.
  323         6. Any person who willfully refuses to sign and accept a
  324  citation issued by the department commits a misdemeanor of the
  325  second degree, punishable as provided in s. 775.082 or s.
  326  775.083.
  327         7. The department, pursuant to ss. 381.0065-381.0067, part
  328  I of chapter 386, or part III of chapter 489, shall deposit any
  329  fines it collects in the county health department trust fund for
  330  use in providing services specified in those sections.
  331         8. This section provides an alternative means of enforcing
  332  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  333  chapter 489. This section does not prohibit the department from
  334  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  335  III of chapter 489, or its rules, by any other means. However,
  336  the department must elect to use only a single method of
  337  enforcement for each violation.
  338         (7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  339  January 1, 2016, the land application of septage from onsite
  340  sewage treatment and disposal systems is prohibited. By February
  341  1, 2011, the department, in consultation with the Department of
  342  Environmental Protection, shall provide a report to the
  343  Governor, the President of the Senate, and the Speaker of the
  344  House of Representatives, recommending alternative methods to
  345  establish enhanced treatment levels for the land application of
  346  septage from onsite sewage and disposal systems. The report
  347  shall include, but is not limited to, a schedule for the
  348  reduction in land application, appropriate treatment levels,
  349  alternative methods for treatment and disposal, enhanced
  350  application site permitting requirements including any
  351  requirements for nutrient management plans, and the range of
  352  costs to local governments, affected businesses, and individuals
  353  for alternative treatment and disposal methods. The report shall
  354  also include any recommendations for legislation or rule
  355  authority needed to reduce land application of septage.
  356         Section 2. Section 381.00651, Florida Statutes, is created
  357  to read:
  358         381.00651 Periodic evaluation and assessment of onsite
  359  sewage treatment and disposal systems.—
  360         (1) Effective January 1, 2012, any county or municipality
  361  that does not opt out of this section shall develop and adopt by
  362  ordinance a local onsite sewage treatment and disposal system
  363  evaluation and assessment program within all or part of its
  364  geographic area which meets the requirements of this subsection.
  365  The county or municipality shall notify the Secretary of State
  366  by letter of the adoption of such an ordinance pursuant to this
  367  section. By a majority of the local elected body, a county or
  368  municipality may opt out of the requirements of this section at
  369  any time before January 1, 2012, by adopting a separate
  370  resolution. The resolution shall be directed to and filed with
  371  the Secretary of State and shall state the intent of the county
  372  or municipality not to adopt an onsite sewage treatment and
  373  disposal system evaluation and assessment program. A county or
  374  municipality may subsequently adopt an ordinance imposing an
  375  onsite sewage treatment and disposal system evaluation and
  376  assessment program if the program meets the requirements of this
  377  subsection. A county or municipality may repeal an ordinance
  378  adopted pursuant to this section if the county or municipality
  379  notifies the Secretary of State by letter of the repeal. The
  380  local ordinances may not deviate from or exceed the substantive
  381  requirements of this subsection. Such adopted ordinance shall
  382  provide for the following:
  383         (a) Evaluations.—An evaluation of any septic tank within
  384  all or part of the county’s or municipality’s jurisdiction must
  385  take place once every 5 years to assess the fundamental
  386  operational condition of the system and to identify system
  387  failures. The ordinance may not mandate an evaluation at the
  388  point of sale in a real estate transaction and may not require a
  389  soil examination. The location of the system shall be
  390  identified. A tank and drainfield evaluation and a written
  391  assessment of the overall condition of the system pursuant to
  392  the assessment procedure prescribed in paragraph (2)(d) are
  393  required.
  394         (b) Qualified contractors.—Each evaluation required under
  395  this subsection must be performed by a septic tank contractor or
  396  master septic tank contractor registered under part III of
  397  chapter 489, a professional engineer having wastewater treatment
  398  system experience and licensed pursuant to chapter 471, or an
  399  environmental health professional certified under this chapter
  400  in the area of onsite sewage treatment and disposal system
  401  evaluation. Evaluations and pump outs may also be performed by
  402  an authorized employee working under the supervision of the
  403  individuals listed in this paragraph; however, all evaluation
  404  forms must be signed by a qualified contractor.
  405         (c) Repair of systems.—A local ordinance may not require a
  406  repair, modification, or replacement of a system as a result of
  407  an evaluation unless the evaluation identifies a system failure.
  408  For purposes of this subsection, the term “system failure” is
  409  defined as a condition existing within an onsite sewage
  410  treatment and disposal system which results in the discharge of
  411  untreated or partially treated wastewater onto the ground
  412  surface or into surface water, or which results in a sanitary
  413  nuisance caused by the failure of building plumbing to discharge
  414  properly. A system is not a failure if the system does not have
  415  a minimum separation distance between the drainfield and the wet
  416  season water table, or if an obstruction in a sanitary line or
  417  an effluent screen or filter prevents effluent from flowing into
  418  a drainfield. If a system failure is identified and several
  419  remedial options are available to resolve the failure, the local
  420  ordinance may not require more than the least costly remedial
  421  measure to resolve the system failure. The homeowner may choose
  422  the remedial measure to fix the system. There may be instances
  423  in which a pump out is sufficient to resolve a system failure.
  424  Remedial measures to resolve a system failure must meet the
  425  requirements of the code in effect at the time the system was
  426  originally permitted and installed, and are not required to meet
  427  the current code requirements.
  428         (d) Exemptions.—The local ordinance may exempt from the
  429  evaluation requirements any system that is required to obtain an
  430  operating permit or that is inspected by the department pursuant
  431  to the annual permit inspection requirements of chapter 513.
  432         (e) Notifications.—The local ordinance must require that
  433  notice be given to the septic tank owner at least 60 days before
  434  the septic tank is due for an evaluation. The notice may include
  435  information on the proper maintenance of onsite sewage treatment
  436  and disposal systems.
  437         (f) Fees.—The local ordinance may authorize the assessment
  438  of a fee not to exceed $30 paid by the owner of the septic tank
  439  in order to cover the costs of administering the evaluation
  440  program.
  441         (g) Penalties.—The local ordinance must provide penalties
  442  for qualified contractors and septic tank owners who do not
  443  comply with requirements of the adopted ordinance.
  444         (2) The following procedures shall be used for conducting
  445  evaluations:
  446         (a) Tank evaluation.—The tank evaluation shall assess the
  447  apparent structural condition and water tightness of the tank
  448  and shall estimate the size of the tank. The evaluation must
  449  include a pump out. However, an ordinance may not require a pump
  450  out if there is documentation that a tank pump out or a
  451  permitted new installation, repair, or modification of the
  452  system has occurred within the previous 5 years, and that
  453  identifies the capacity of the tank and indicates that the
  454  condition of the tank is structurally sound and watertight.
  455  Visual inspection of the tank must be made when the tank is
  456  empty to detect cracks, leaks, or other defects. Baffles or tees
  457  must be checked to ensure that they are intact and secure. The
  458  evaluation shall note the presence and condition of outlet
  459  devices, effluent filters, and compartment walls; any structural
  460  defect in the tank; and the condition and fit of the tank lid,
  461  including manholes. If the tank, in the opinion of the qualified
  462  contractor, is in danger of being damaged by leaving the tank
  463  empty after inspection, the tank shall be refilled before
  464  concluding the inspection.
  465         (b) Drainfield evaluation.—The drainfield evaluation must
  466  include a determination of the approximate size and location of
  467  the drainfield. The evaluation shall state the condition of
  468  surface vegetation, including whether there is any seepage
  469  visible or excessively lush vegetation; state whether there is
  470  ponding water within the drainfield; and identify the location
  471  of any downspout or drain that encroaches or drains into the
  472  drainfield area. The evaluation must contain an overall
  473  assessment of the drainfield.
  474         (c) Special circumstances.—If the system contains pumps,
  475  siphons, or alarms, the following information must be provided:
  476         1. An assessment of dosing tank integrity, including the
  477  approximate volume and the type of material used in
  478  construction;
  479         2. Whether the pump is elevated off of the bottom of the
  480  chamber and its operational status;
  481         3. Whether there are a check valve and purge hole; whether
  482  there is a high-water alarm, including whether the type of alarm
  483  is audio or visual or both, the location of the alarm, and its
  484  operational condition; and whether electrical connections appear
  485  satisfactory; and
  486         4. Whether surface water can infiltrate into the tank and
  487  whether the tank was pumped out.
  488         (d) Assessment procedure.—All evaluation procedures used by
  489  a qualified contractor shall be documented. The qualified
  490  contractor shall provide a copy of a written, signed evaluation
  491  report to the property owner, the county or municipality, and
  492  the county health department. A copy of the evaluation report
  493  shall be retained by the local county health department for a
  494  minimum of 5 years until a subsequent inspection report is
  495  filed. The front cover of the report must identify any system
  496  failure and include a clear and conspicuous notice to the owner
  497  that the owner has a right to have any remediation of the
  498  failure performed by a qualified contractor other than the
  499  contractor performing the evaluation. The report must further
  500  identify any crack, leak, improper fit or other defect in the
  501  tank, manhole, or lid, and any other damaged or missing
  502  component; any ponding of the drainfield or uneven distribution
  503  of effluent and the extent of such effluent; any downspout or
  504  other stormwater or source of water directed onto or toward the
  505  system, including recommendations that such sources be
  506  redirected away from the system; and any other maintenance need
  507  or condition of the system at the time of the evaluation which,
  508  in the opinion of the qualified contractor, would possibly
  509  interfere with or restrict any future repair or modification to
  510  the existing system. The report shall conclude with an overall
  511  assessment of the fundamental operational condition of the
  512  system.
  513         (e) Tracking system.—A county or municipality that adopts
  514  an evaluation program pursuant to this section shall develop,
  515  accumulate, and assimilate its own database and establish a
  516  computerized tracking system within its jurisdiction. Such
  517  information shall be based upon information obtained from
  518  written, signed evaluation reports given to property owners by
  519  qualified contractors and filed with the county or municipality
  520  and the county health department following an evaluation. The
  521  information tracked must include:
  522         1. The addresses or locations of the onsite systems;
  523         2. The number of onsite systems within the local
  524  jurisdiction;
  525         3. The total number and types of system failures; and
  526         4. Any other trends deemed relevant by the county or
  527  municipality resulting from an assessment of the overall
  528  condition of systems.
  529  
  530  The computerized tracking system may be Internet-based and shall
  531  be used by the county or municipality to notify homeowners when
  532  evaluations are due. Data and information shall be recorded and
  533  updated as evaluations are conducted and reported to the county
  534  or municipality and the county health department.
  535         (3) A county or municipality that adopts an onsite sewage
  536  treatment and disposal system evaluation and assessment program
  537  pursuant to this section shall notify the Secretary of
  538  Environmental Protection upon the adoption of an ordinance. The
  539  Department of Environmental Protection shall, within existing
  540  resources and upon receipt of such notice, notify the county or
  541  municipality of the potential use of, and access to, program
  542  funds under the Clean Water State Revolving Fund or s. 319 of
  543  the Clean Water Act. Upon request by a county or municipality,
  544  the Department of Environmental Protection shall provide direct
  545  technical assistance in the application process to receive
  546  moneys under the Clean Water State Revolving Fund or s. 319 of
  547  the Clean Water Act. The Department of Environmental Protection
  548  shall also, within existing resources and upon request by a
  549  county or municipality, provide advice and technical assistance
  550  to the county or municipality on how to establish a low-interest
  551  revolving loan program, how to model a revolving loan program
  552  after the low-interest loan program of the Clean Water State
  553  Revolving Fund, or how to provide low-interest loans to
  554  residents for the repair of failing systems. This subsection
  555  does not obligate the Department of Environmental Protection to
  556  provide any money to fund such programs.
  557         Section 3. Section 381.00656, Florida Statutes, is amended
  558  to read:
  559         381.00656 Grant program for repair of onsite sewage
  560  treatment disposal systems.—Effective January 1, 2013 2012, the
  561  department shall administer a grant program to assist owners of
  562  onsite sewage treatment and disposal systems identified pursuant
  563  to s. 381.0065, s. 381.00651, or the rules adopted thereunder. A
  564  grant under the program may be awarded to an owner only for the
  565  purpose of inspecting, pumping, repairing, or replacing a system
  566  serving a single-family residence occupied by an owner with a
  567  family income of less than or equal to 133 percent of the
  568  federal poverty level at the time of application. The department
  569  may prioritize applications for an award of grant funds based
  570  upon the severity of a system’s failure, its relative
  571  environmental impact, the income of the family, or any
  572  combination thereof. The department shall adopt rules
  573  establishing the grant application and award process, including
  574  an application form. The department shall seek to make grants in
  575  each fiscal year equal to the total amount of grant funds
  576  available, with any excess funds used for grant awards in
  577  subsequent fiscal years.
  578         Section 4. Subsection (2) of section 381.0066, Florida
  579  Statutes, is amended to read:
  580         381.0066 Onsite sewage treatment and disposal systems;
  581  fees.—
  582         (2) The minimum fees in the following fee schedule apply
  583  until changed by rule by the department within the following
  584  limits:
  585         (a) Application review, permit issuance, or system
  586  inspection, including repair of a subsurface, mound, filled, or
  587  other alternative system or permitting of an abandoned system: a
  588  fee of not less than $25, or more than $125.
  589         (b) A 5-year evaluation report submitted pursuant to s.
  590  381.00651 381.0065(5): a fee not less than $10 $15, or more than
  591  $15 $30. At least $1 and no more than $5 collected pursuant to
  592  this paragraph shall be used to fund a grant program established
  593  under s. 381.00656.
  594         (c) Site evaluation, site reevaluation, evaluation of a
  595  system previously in use, or a per annum septage disposal site
  596  evaluation: a fee of not less than $40, or more than $115.
  597         (d) Biennial Operating permit for aerobic treatment units
  598  or performance-based treatment systems: a fee of not more than
  599  $100.
  600         (e) Annual operating permit for systems located in areas
  601  zoned for industrial manufacturing or equivalent uses or where
  602  the system is expected to receive wastewater which is not
  603  domestic in nature: a fee of not less than $150, or more than
  604  $300.
  605         (f) Innovative technology: a fee not to exceed $25,000.
  606         (g) Septage disposal service, septage stabilization
  607  facility, portable or temporary toilet service, tank
  608  manufacturer inspection: a fee of not less than $25, or more
  609  than $200, per year.
  610         (h) Application for variance: a fee of not less than $150,
  611  or more than $300.
  612         (i) Annual operating permit for waterless, incinerating, or
  613  organic waste composting toilets: a fee of not less than $15
  614  $50, or more than $30 $150.
  615         (j) Aerobic treatment unit or performance-based treatment
  616  system maintenance entity permit: a fee of not less than $25, or
  617  more than $150, per year.
  618         (k) Reinspection fee per visit for site inspection after
  619  system construction approval or for noncompliant system
  620  installation per site visit: a fee of not less than $25, or more
  621  than $100.
  622         (l) Research: An additional $5 fee shall be added to each
  623  new system construction permit issued to be used to fund onsite
  624  sewage treatment and disposal system research, demonstration,
  625  and training projects. Five dollars from any repair permit fee
  626  collected under this section shall be used for funding the
  627  hands-on training centers described in s. 381.0065(3)(j).
  628         (m) Annual operating permit, including annual inspection
  629  and any required sampling and laboratory analysis of effluent,
  630  for an engineer-designed performance-based system: a fee of not
  631  less than $150, or more than $300.
  632  
  633  On or before January 1, 2011, the Surgeon General, after
  634  consultation with the Revenue Estimating Conference, shall
  635  determine a revenue neutral fee schedule for services provided
  636  pursuant to s. 381.00651 381.0065(5) within the parameters set
  637  in paragraph (b). Such determination is not subject to the
  638  provisions of chapter 120. The funds collected pursuant to this
  639  subsection must be deposited in a trust fund administered by the
  640  department, to be used for the purposes stated in this section
  641  and ss. 381.0065 and 381.00655.
  642         Section 5. This act shall take effect upon becoming a law.