Florida Senate - 2019                                     SB 214
       
       
        
       By Senator Gruters
       
       
       
       
       
       23-00547-19                                            2019214__
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.;
    4         directing the Department of Health to identify certain
    5         information for onsite sewage treatment and disposal
    6         systems, update the current database of such systems,
    7         and submit a report to the Governor and Legislature by
    8         a specified date; requiring owners of onsite sewage
    9         treatment and disposal systems to have such systems
   10         periodically inspected; providing an exception;
   11         directing the department to administer an onsite
   12         sewage treatment and disposal system inspection
   13         program; requiring the department to adopt specified
   14         rules and implement program standards, procedures, and
   15         requirements; providing inspection requirements;
   16         providing that pump-outs are not required under
   17         certain circumstances; requiring system owners to pay
   18         the costs of required inspections and pump-outs;
   19         requiring that inspections and pump-outs be performed
   20         by registered septic tank or master septic tank
   21         contractors; providing notice requirements; defining
   22         the terms “failure” or “failing” and “repair”;
   23         creating s. 689.30, F.S.; requiring an onsite sewage
   24         treatment and disposal system disclosure summary for
   25         certain properties before or at the execution of a
   26         contract for sale; requiring that prospective
   27         purchasers acknowledge in writing receipt of such
   28         summary disclosures; defining the term “onsite sewage
   29         treatment and disposal system”; providing an effective
   30         date.
   31          
   32  Be It Enacted by the Legislature of the State of Florida:
   33  
   34         Section 1. Subsections (5) and (6) of section 381.0065,
   35  Florida Statutes, are renumbered as subsections (6) and (7),
   36  respectively, paragraph (o) is added to subsection (3) of that
   37  section, and a new subsection (5) is added to that section, to
   38  read:
   39         381.0065 Onsite sewage treatment and disposal systems;
   40  regulation.—
   41         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
   42  department shall:
   43         (o)By January 1, 2021, do all of the following:
   44         1.Identify all onsite sewage treatment and disposal
   45  systems in the state, including, at a minimum, the location and
   46  operational condition of the systems and any other available
   47  information the department deems appropriate. The department may
   48  use only existing information available from a state, local, or
   49  commercial data source to identify onsite sewage treatment and
   50  disposal systems and the operational condition of such systems
   51  pursuant to this subparagraph. The department may not visit or
   52  inspect a property to obtain information regarding an onsite
   53  sewage treatment and disposal system or the operational
   54  condition of such system pursuant to this subparagraph.
   55         2.Incorporate the information identified under
   56  subparagraph 1. into and update the current database of onsite
   57  sewage treatment and disposal systems.
   58         3.Generate a report from the database which includes, at a
   59  minimum, the total number of onsite sewage treatment and
   60  disposal systems in the state, the number of onsite sewage
   61  treatment and disposal systems in each county, and a statewide
   62  map of the systems, and submit the report to the Governor, the
   63  President of the Senate, and the Speaker of the House of
   64  Representatives.
   65         (5)PERIODIC INSPECTIONS.—
   66         (a)Effective July 1, 2022, the owner of an onsite sewage
   67  treatment and disposal system, excluding a system that is
   68  required to have an operating permit, must have the system
   69  inspected at least once every 5 years to assess the fundamental
   70  operational condition of the system, prolong the life of the
   71  system, and identify any failure within the system. The
   72  department shall administer an onsite sewage treatment and
   73  disposal system inspection program for such periodic
   74  inspections. The department shall implement the program
   75  standards, procedures, and requirements, and adopt rules that
   76  must include, but are not limited to:
   77         1.A schedule for a 5-year inspection cycle;
   78         2.A county-by-county implementation plan phased in over a
   79  10-year period with first priority given to those areas within a
   80  springshed protection area identified by the Department of
   81  Environmental Protection;
   82         3.Minimum standards for a functioning system;
   83         4.Requirements for the pump-out or repair of a failing
   84  system; and
   85         5.Enforcement procedures for failure of a system owner to
   86  obtain an inspection of the system and failure of a contractor
   87  to timely report inspection results to the department and the
   88  system owner.
   89         (b)The department’s Procedure for Voluntary Inspection and
   90  Assessment of Existing Systems shall be applied to inspections
   91  under this subsection, except as otherwise provided. All
   92  inspection procedures used by an inspector must be documented
   93  and nothing in this subsection limits the amount of detail an
   94  inspector may provide at his or her professional discretion. The
   95  inspection must include:
   96         1.A tank inspection;
   97         2.A drainfield inspection;
   98         3.A written assessment of the condition of the system; and
   99         4.If necessary, a disclosure statement pursuant to the
  100  department’s procedure.
  101         (c)A pump-out of the system is not required, if
  102  documentation of a tank pump-out or a permitted new
  103  installation, repair, or modification of the system within the
  104  previous 3 years is provided, which states the capacity of the
  105  tank and indicates that the condition of the tank is not a
  106  sanitary or public health nuisance pursuant to department rule.
  107         (d)Owners are responsible for paying the cost of the
  108  inspection and any required pump-out pursuant to department rule
  109  and may not request partial inspections or the omission of
  110  portions of the inspection.
  111         (e)Each inspection or pump-out required under this
  112  subsection must be performed by a septic tank contractor or
  113  master septic tank contractor registered under part III of
  114  chapter 489.
  115         (f)Before any inspection deadline, the department must
  116  provide a minimum of 60 days’ notice to owners that their
  117  systems must be inspected by that deadline. The notice must
  118  include a provision stating that the purpose of the inspection
  119  is to assess the fundamental operational condition of the
  120  system, prolong the life of the system, and identify any failure
  121  within the system, and not to determine code compliance, require
  122  a complete upgrade or overhaul of a system to meet current code
  123  requirements, or demonstrate that the system will adequately
  124  serve the use to be placed upon it by the current or any
  125  subsequent owner. The department must include a copy of the
  126  Procedure for Voluntary Inspection and Assessment of Existing
  127  Systems with the notice.
  128         (g)As used in this subsection, the term:
  129         1.“Failure” or “failing” means a condition that exists
  130  within an onsite sewage treatment and disposal system that
  131  prohibits the system from functioning in a sanitary manner and
  132  results in the discharge of untreated or partially treated
  133  wastewater onto the surface of the ground or into surface waters
  134  or groundwaters or results in the failure of building plumbing
  135  to discharge properly. For the purposes of this subsection, a
  136  system may not be deemed in failure solely because the system
  137  does not have the minimum separation distance between the
  138  drainfield and groundwater table.
  139         2.“Repair” means any replacement of or modification or
  140  addition to a failing system which is necessary to allow the
  141  system to function in accordance with its design or is necessary
  142  to eliminate a public health or pollution hazard, including the
  143  use of any treatment method that is intended to improve the
  144  functioning of any part of the system or to prolong or sustain
  145  the length of time the system functions, excluding:
  146         a.The service or replacement of mechanical or electrical
  147  parts of an approved onsite sewage treatment and disposal system
  148  with like kind and quality parts.
  149         b.Any minor structural corrections to a tank or
  150  distribution box.
  151         c.The use of an authorized additive in indoor building
  152  plumbing by the system owner.
  153         d.The removal of the contents of any tank or the
  154  installation of an approved outlet filter device without
  155  disturbing the drainfield.
  156         e.The replacement of any broken tank lid.
  157         f.The splicing of a drip emitter line, provided the
  158  emitter is not eliminated.
  159         Section 2. Section 689.30, Florida Statutes, is created to
  160  read:
  161         689.30Sale of property; disclosure of onsite sewage and
  162  treatment disposal system.—
  163         (1)A seller of property shall provide a prospective
  164  purchaser with a disclosure summary before or at the execution
  165  of the contract for sale if the property contains or will
  166  contain an onsite sewage treatment and disposal system. The
  167  prospective purchaser shall acknowledge in writing the receipt
  168  of the disclosure summary required by this section. The
  169  disclosure summary must be conspicuous, in boldface type, and in
  170  a form substantially similar to the following:
  171  
  172             ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM           
  173                         DISCLOSURE SUMMARY                        
  174  
  175  THIS PROPERTY CONTAINS AN ONSITE SEWAGE TREATMENT AND DISPOSAL
  176  SYSTEM (SYSTEM). PROPERLY MAINTAINED AND UTILIZED SYSTEMS HAVE A
  177  LIFESPAN OF SPPROXIMATELY 25 YEARS. SYSTEMS THAT ARE NOT
  178  PROPERLY DESIGNED, CONSTRUCTED, AND MAINTAINED CAN LEAD TO THE
  179  RELEASE OF HARMFUL NUTRIENTS IN GROUNDWATER. SYSTEMS SHOULD BE
  180  REGULARLY INSPECTED TO PREVENT SYSTEM FAILURE AND YOU ARE
  181  ENCOURAGED TO HAVE THIS SYSTEM INSPECTED. ADDITIONAL INFORMATION
  182  MAY BE OBTAINED BY CONTACTING THE COUNTY HEALTH DEPARTMENT.
  183         (PURCHASER'S INITIALS)
  184         (2)As used in this section, the term “onsite sewage
  185  treatment and disposal system” has the same meaning as in s.
  186  381.0065.
  187         Section 3. This act shall take effect October 1, 2019.