Senate Bill sb2216

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    Florida Senate - 2006                                  SB 2216

    By Senator Clary





    4-1021A-06

  1                      A bill to be entitled

  2         An act relating to hurricane damage mitigation;

  3         amending s. 161.085, F.S.; authorizing an

  4         agency, political subdivision, or municipality

  5         having jurisdiction over an impacted area to

  6         install rigid coastal armoring structures;

  7         authorizing the Department of Environmental

  8         Protection to revoke the authority of an

  9         agency, political subdivision, or municipality

10         to install rigid coastal armoring structures;

11         amending s. 163.3178, F.S.; requiring the

12         Division of Emergency Management to manage the

13         update of regional hurricane evacuation

14         studies; amending s. 381.0065, F.S.; requiring

15         the issuance of a permit for work seaward of

16         the coastal construction control line to be

17         contingent upon receipt of a coastal

18         construction control line permit from the

19         Department of Environmental Protection;

20         creating s. 689.262, F.S.; requiring that a

21         prospective purchaser of real property located

22         in a hurricane evacuation zone be presented a

23         disclosure summary at or before execution of

24         the contract for sale; providing a format for

25         the disclosure summary; providing an effective

26         date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30  

31  

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 1         Section 1.  Subsection (3) of section 161.085, Florida

 2  Statutes, is amended, and subsection (8) is added to that

 3  section, to read:

 4         161.085  Rigid coastal armoring structures.--

 5         (3)  If erosion occurs as a result of a storm event

 6  that which threatens private structures or public

 7  infrastructure and a permit has not been issued pursuant to

 8  subsection (2), unless the authority has been revoked by order

 9  of the department pursuant to subsection (8), an the agency,

10  political subdivision, or municipality having jurisdiction

11  over the impacted area may install or authorize installation

12  of rigid coastal armoring structures for the protection of

13  private structures or public infrastructure, or take other

14  measures to relieve the threat to private structures or public

15  infrastructure as long as the following items are considered

16  and incorporated into such emergency measures:

17         (a)  Protection of the beach-dune system.

18         (b)  Siting and design criteria for the protective

19  structure.

20         (c)  Impacts on adjacent properties.

21         (d)  Preservation of public beach access.

22         (e)  Protection of native coastal vegetation and

23  nesting marine turtles and their hatchlings.

24         (8)  If an agency, political subdivision, or

25  municipality installs or authorizes installation of a rigid

26  coastal armoring structure that does not comply with

27  subsection (3), and if the department determines that the

28  action harms or interferes with the protection of the

29  beach-dune system, adversely impacts adjacent properties;

30  interferes with public beach access, or harms native coastal

31  vegetation or nesting marine turtles or their hatchlings, the

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 1  department may revoke by order the authority of the agency,

 2  political subdivision, or municipality under subsection (3) to

 3  install or authorize the installation of the rigid coastal

 4  armoring structure.

 5         Section 2.  Paragraph (h) of subsection (2) of section

 6  163.3178, Florida Statutes, is amended to read:

 7         163.3178  Coastal management.--

 8         (2)  Each coastal management element required by s.

 9  163.3177(6)(g) shall be based on studies, surveys, and data;

10  be consistent with coastal resource plans prepared and adopted

11  pursuant to general or special law; and contain:

12         (h)  Designation of high-hazard coastal areas, which

13  for uniformity and planning purposes herein, are defined as

14  category 1 evacuation zones. Category 1 evacuation zones are

15  based on the regional hurricane evacuation studies. The

16  Division of Emergency Management shall manage the update of

17  regional hurricane evacuation studies, ensure such studies are

18  done in a consistent manner, and ensure that the methodology

19  used for modeling storm surge is that used by the National

20  Hurricane Center. However, Application of mitigation and

21  redevelopment policies, pursuant to s. 380.27(2), and any

22  rules adopted thereunder, shall be at the discretion of local

23  government.

24         Section 3.  Subsection (4) of section 381.0065, Florida

25  Statutes, is amended to read:

26         381.0065  Onsite sewage treatment and disposal systems;

27  regulation.--

28         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

29  may not construct, repair, modify, abandon, or operate an

30  onsite sewage treatment and disposal system without first

31  obtaining a permit approved by the department. The department

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 1  may issue permits to carry out this section, but shall not

 2  make the issuance of such permits contingent upon prior

 3  approval by the Department of Environmental Protection, except

 4  that issuance of a permit for work seaward of the coastal

 5  construction control line established under s. 161.053 shall

 6  be contingent upon receipt of any required coastal

 7  construction control line permit from the Department of

 8  Environmental Protection. A construction permit is valid for

 9  18 months from the issuance date and may be extended by the

10  department for one 90-day period under rules adopted by the

11  department.  A repair permit is valid for 90 days from the

12  date of issuance. An operating permit must be obtained prior

13  to the use of any aerobic treatment unit or if the

14  establishment generates commercial waste. Buildings or

15  establishments that use an aerobic treatment unit or generate

16  commercial waste shall be inspected by the department at least

17  annually to assure compliance with the terms of the operating

18  permit. The operating permit for a commercial wastewater

19  system is valid for 1 year from the date of issuance and must

20  be renewed annually. The operating permit for an aerobic

21  treatment unit is valid for 2 years from the date of issuance

22  and must be renewed every 2 years.  If all information

23  pertaining to the siting, location, and installation

24  conditions or repair of an onsite sewage treatment and

25  disposal system remains the same, a construction or repair

26  permit for the onsite sewage treatment and disposal system may

27  be transferred to another person, if the transferee files,

28  within 60 days after the transfer of ownership, an amended

29  application providing all corrected information and proof of

30  ownership of the property.  There is no fee associated with

31  the processing of this supplemental information.  A person may

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 1  not contract to construct, modify, alter, repair, service,

 2  abandon, or maintain any portion of an onsite sewage treatment

 3  and disposal system without being registered under part III of

 4  chapter 489.  A property owner who personally performs

 5  construction, maintenance, or repairs to a system serving his

 6  or her own owner-occupied single-family residence is exempt

 7  from registration requirements for performing such

 8  construction, maintenance, or repairs on that residence, but

 9  is subject to all permitting requirements. A municipality or

10  political subdivision of the state may not issue a building or

11  plumbing permit for any building that requires the use of an

12  onsite sewage treatment and disposal system unless the owner

13  or builder has received a construction permit for such system

14  from the department. A building or structure may not be

15  occupied and a municipality, political subdivision, or any

16  state or federal agency may not authorize occupancy until the

17  department approves the final installation of the onsite

18  sewage treatment and disposal system. A municipality or

19  political subdivision of the state may not approve any change

20  in occupancy or tenancy of a building that uses an onsite

21  sewage treatment and disposal system until the department has

22  reviewed the use of the system with the proposed change,

23  approved the change, and amended the operating permit.

24         (a)  Subdivisions and lots in which each lot has a

25  minimum area of at least one-half acre and either a minimum

26  dimension of 100 feet or a mean of at least 100 feet of the

27  side bordering the street and the distance formed by a line

28  parallel to the side bordering the street drawn between the

29  two most distant points of the remainder of the lot may be

30  developed with a water system regulated under s. 381.0062 and

31  onsite sewage treatment and disposal systems, provided the

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 1  projected daily sewage flow does not exceed an average of

 2  1,500 gallons per acre per day, and provided satisfactory

 3  drinking water can be obtained and all distance and setback,

 4  soil condition, water table elevation, and other related

 5  requirements of this section and rules adopted under this

 6  section can be met.

 7         (b)  Subdivisions and lots using a public water system

 8  as defined in s. 403.852 may use onsite sewage treatment and

 9  disposal systems, provided there are no more than four lots

10  per acre, provided the projected daily sewage flow does not

11  exceed an average of 2,500 gallons per acre per day, and

12  provided that all distance and setback, soil condition, water

13  table elevation, and other related requirements that are

14  generally applicable to the use of onsite sewage treatment and

15  disposal systems are met.

16         (c)  Notwithstanding the provisions of paragraphs (a)

17  and (b), for subdivisions platted of record on or before

18  October 1, 1991, when a developer or other appropriate entity

19  has previously made or makes provisions, including financial

20  assurances or other commitments, acceptable to the Department

21  of Health, that a central water system will be installed by a

22  regulated public utility based on a density formula, private

23  potable wells may be used with onsite sewage treatment and

24  disposal systems until the agreed-upon densities are reached.

25  The department may consider assurances filed with the

26  Department of Business and Professional Regulation under

27  chapter 498 in determining the adequacy of the financial

28  assurance required by this paragraph.  In a subdivision

29  regulated by this paragraph, the average daily sewage flow may

30  not exceed 2,500 gallons per acre per day.  This section does

31  not affect the validity of existing prior agreements. After

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 1  October 1, 1991, the exception provided under this paragraph

 2  is not available to a developer or other appropriate entity.

 3         (d)  Paragraphs (a) and (b) do not apply to any

 4  proposed residential subdivision with more than 50 lots or to

 5  any proposed commercial subdivision with more than 5 lots

 6  where a publicly owned or investor-owned sewerage system is

 7  available. It is the intent of this paragraph not to allow

 8  development of additional proposed subdivisions in order to

 9  evade the requirements of this paragraph.

10         (e)  Onsite sewage treatment and disposal systems must

11  not be placed closer than:

12         1.  Seventy-five feet from a private potable well.

13         2.  Two hundred feet from a public potable well serving

14  a residential or nonresidential establishment having a total

15  sewage flow of greater than 2,000 gallons per day.

16         3.  One hundred feet from a public potable well serving

17  a residential or nonresidential establishment having a total

18  sewage flow of less than or equal to 2,000 gallons per day.

19         4.  Fifty feet from any nonpotable well.

20         5.  Ten feet from any storm sewer pipe, to the maximum

21  extent possible, but in no instance shall the setback be less

22  than 5 feet.

23         6.  Seventy-five feet from the mean high-water line of

24  a tidally influenced surface water body.

25         7.  Seventy-five feet from the mean annual flood line

26  of a permanent nontidal surface water body.

27         8.  Fifteen feet from the design high-water line of

28  retention areas, detention areas, or swales designed to

29  contain standing or flowing water for less than 72 hours after

30  a rainfall or the design high-water level of normally dry

31  

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 1  drainage ditches or normally dry individual lot stormwater

 2  retention areas.

 3         (f)  Except as provided under paragraphs (e) and (t),

 4  no limitations shall be imposed by rule, relating to the

 5  distance between an onsite disposal system and any area that

 6  either permanently or temporarily has visible surface water.

 7         (g)  All provisions of this section and rules adopted

 8  under this section relating to soil condition, water table

 9  elevation, distance, and other setback requirements must be

10  equally applied to all lots, with the following exceptions:

11         1.  Any residential lot that was platted and recorded

12  on or after January 1, 1972, or that is part of a residential

13  subdivision that was approved by the appropriate permitting

14  agency on or after January 1, 1972, and that was eligible for

15  an onsite sewage treatment and disposal system construction

16  permit on the date of such platting and recording or approval

17  shall be eligible for an onsite sewage treatment and disposal

18  system construction permit, regardless of when the application

19  for a permit is made. If rules in effect at the time the

20  permit application is filed cannot be met, residential lots

21  platted and recorded or approved on or after January 1, 1972,

22  shall, to the maximum extent possible, comply with the rules

23  in effect at the time the permit application is filed.  At a

24  minimum, however, those residential lots platted and recorded

25  or approved on or after January 1, 1972, but before January 1,

26  1983, shall comply with those rules in effect on January 1,

27  1983, and those residential lots platted and recorded or

28  approved on or after January 1, 1983, shall comply with those

29  rules in effect at the time of such platting and recording or

30  approval.  In determining the maximum extent of compliance

31  with current rules that is possible, the department shall

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 1  allow structures and appurtenances thereto which were

 2  authorized at the time such lots were platted and recorded or

 3  approved.

 4         2.  Lots platted before 1972 are subject to a 50-foot

 5  minimum surface water setback and are not subject to lot size

 6  requirements.  The projected daily flow for onsite sewage

 7  treatment and disposal systems for lots platted before 1972

 8  may not exceed:

 9         a.  Two thousand five hundred gallons per acre per day

10  for lots served by public water systems as defined in s.

11  403.852.

12         b.  One thousand five hundred gallons per acre per day

13  for lots served by water systems regulated under s. 381.0062.

14         (h)1.  The department may grant variances in hardship

15  cases which may be less restrictive than the provisions

16  specified in this section.  If a variance is granted and the

17  onsite sewage treatment and disposal system construction

18  permit has been issued, the variance may be transferred with

19  the system construction permit, if the transferee files,

20  within 60 days after the transfer of ownership, an amended

21  construction permit application providing all corrected

22  information and proof of ownership of the property and if the

23  same variance would have been required for the new owner of

24  the property as was originally granted to the original

25  applicant for the variance.  There is no fee associated with

26  the processing of this supplemental information.  A variance

27  may not be granted under this section until the department is

28  satisfied that:

29         a.  The hardship was not caused intentionally by the

30  action of the applicant;

31  

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 1         b.  No reasonable alternative, taking into

 2  consideration factors such as cost, exists for the treatment

 3  of the sewage; and

 4         c.  The discharge from the onsite sewage treatment and

 5  disposal system will not adversely affect the health of the

 6  applicant or the public or significantly degrade the

 7  groundwater or surface waters.

 8  

 9  Where soil conditions, water table elevation, and setback

10  provisions are determined by the department to be

11  satisfactory, special consideration must be given to those

12  lots platted before 1972.

13         2.  The department shall appoint and staff a variance

14  review and advisory committee, which shall meet monthly to

15  recommend agency action on variance requests. The committee

16  shall make its recommendations on variance requests at the

17  meeting in which the application is scheduled for

18  consideration, except for an extraordinary change in

19  circumstances, the receipt of new information that raises new

20  issues, or when the applicant requests an extension. The

21  committee shall consider the criteria in subparagraph 1. in

22  its recommended agency action on variance requests and shall

23  also strive to allow property owners the full use of their

24  land where possible. The committee consists of the following:

25         a.  The Division Director for Environmental Health of

26  the department or his or her designee.

27         b.  A representative from the county health

28  departments.

29         c.  A representative from the home building industry

30  recommended by the Florida Home Builders Association.

31  

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 1         d.  A representative from the septic tank industry

 2  recommended by the Florida Onsite Wastewater Association.

 3         e.  A representative from the Department of

 4  Environmental Protection.

 5         f.  A representative from the real estate industry who

 6  is also a developer in this state who develops lots using

 7  onsite sewage treatment and disposal systems, recommended by

 8  the Florida Association of Realtors.

 9         g.  A representative from the engineering profession

10  recommended by the Florida Engineering Society.

11  

12  Members shall be appointed for a term of 3 years, with such

13  appointments being staggered so that the terms of no more than

14  two members expire in any one year.  Members shall serve

15  without remuneration, but if requested, shall be reimbursed

16  for per diem and travel expenses as provided in s. 112.061.

17         (i)  A construction permit may not be issued for an

18  onsite sewage treatment and disposal system in any area zoned

19  or used for industrial or manufacturing purposes, or its

20  equivalent, where a publicly owned or investor-owned sewage

21  treatment system is available, or where a likelihood exists

22  that the system will receive toxic, hazardous, or industrial

23  waste.  An existing onsite sewage treatment and disposal

24  system may be repaired if a publicly owned or investor-owned

25  sewerage system is not available within 500 feet of the

26  building sewer stub-out and if system construction and

27  operation standards can be met.  This paragraph does not

28  require publicly owned or investor-owned sewerage treatment

29  systems to accept anything other than domestic wastewater.

30         1.  A building located in an area zoned or used for

31  industrial or manufacturing purposes, or its equivalent, when

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 1  such building is served by an onsite sewage treatment and

 2  disposal system, must not be occupied until the owner or

 3  tenant has obtained written approval from the department.  The

 4  department shall not grant approval when the proposed use of

 5  the system is to dispose of toxic, hazardous, or industrial

 6  wastewater or toxic or hazardous chemicals.

 7         2.  Each person who owns or operates a business or

 8  facility in an area zoned or used for industrial or

 9  manufacturing purposes, or its equivalent, or who owns or

10  operates a business that has the potential to generate toxic,

11  hazardous, or industrial wastewater or toxic or hazardous

12  chemicals, and uses an onsite sewage treatment and disposal

13  system that is installed on or after July 5, 1989, must obtain

14  an annual system operating permit from the department.  A

15  person who owns or operates a business that uses an onsite

16  sewage treatment and disposal system that was installed and

17  approved before July 5, 1989, need not obtain a system

18  operating permit. However, upon change of ownership or

19  tenancy, the new owner or operator must notify the department

20  of the change, and the new owner or operator must obtain an

21  annual system operating permit, regardless of the date that

22  the system was installed or approved.

23         3.  The department shall periodically review and

24  evaluate the continued use of onsite sewage treatment and

25  disposal systems in areas zoned or used for industrial or

26  manufacturing purposes, or its equivalent, and may require the

27  collection and analyses of samples from within and around such

28  systems.  If the department finds that toxic or hazardous

29  chemicals or toxic, hazardous, or industrial wastewater have

30  been or are being disposed of through an onsite sewage

31  treatment and disposal system, the department shall initiate

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 1  enforcement actions against the owner or tenant to ensure

 2  adequate cleanup, treatment, and disposal.

 3         (j)  An onsite sewage treatment and disposal system for

 4  a single-family residence that is designed by a professional

 5  engineer registered in the state and certified by such

 6  engineer as complying with performance criteria adopted by the

 7  department must be approved by the department subject to the

 8  following:

 9         1.  The performance criteria applicable to

10  engineer-designed systems must be limited to those necessary

11  to ensure that such systems do not adversely affect the public

12  health or significantly degrade the groundwater or surface

13  water.  Such performance criteria shall include consideration

14  of the quality of system effluent, the proposed total sewage

15  flow per acre, wastewater treatment capabilities of the

16  natural or replaced soil, water quality classification of the

17  potential surface-water-receiving body, and the structural and

18  maintenance viability of the system for the treatment of

19  domestic wastewater.  However, performance criteria shall

20  address only the performance of a system and not a system's

21  design.

22         2.  The technical review and advisory panel shall

23  assist the department in the development of performance

24  criteria applicable to engineer-designed systems.

25         3.  A person electing to utilize an engineer-designed

26  system shall, upon completion of the system design, submit

27  such design, certified by a registered professional engineer,

28  to the county health department.  The county health department

29  may utilize an outside consultant to review the

30  engineer-designed system, with the actual cost of such review

31  to be borne by the applicant. Within 5 working days after

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 1  receiving an engineer-designed system permit application, the

 2  county health department shall request additional information

 3  if the application is not complete.  Within 15 working days

 4  after receiving a complete application for an

 5  engineer-designed system, the county health department either

 6  shall issue the permit or, if it determines that the system

 7  does not comply with the performance criteria, shall notify

 8  the applicant of that determination and refer the application

 9  to the department for a determination as to whether the system

10  should be approved, disapproved, or approved with

11  modification. The department engineer's determination shall

12  prevail over the action of the county health department.  The

13  applicant shall be notified in writing of the department's

14  determination and of the applicant's rights to pursue a

15  variance or seek review under the provisions of chapter 120.

16         4.  The owner of an engineer-designed performance-based

17  system must maintain a current maintenance service agreement

18  with a maintenance entity permitted by the department. The

19  maintenance entity shall obtain a biennial system operating

20  permit from the department for each system under service

21  contract.  The department shall inspect the system at least

22  annually, or on such periodic basis as the fee collected

23  permits, and may collect system-effluent samples if

24  appropriate to determine compliance with the performance

25  criteria. The fee for the biennial operating permit shall be

26  collected beginning with the second year of system operation.

27  The maintenance entity shall inspect each system at least

28  twice each year and shall report quarterly to the department

29  on the number of systems inspected and serviced.

30         5.  If an engineer-designed system fails to properly

31  function or fails to meet performance standards, the system

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 1  shall be re-engineered, if necessary, to bring the system into

 2  compliance with the provisions of this section.

 3         (k)  An innovative system may be approved in

 4  conjunction with an engineer-designed site-specific system

 5  which is certified by the engineer to meet the

 6  performance-based criteria adopted by the department.

 7         (l)  For the Florida Keys, the department shall adopt a

 8  special rule for the construction, installation, modification,

 9  operation, repair, maintenance, and performance of onsite

10  sewage treatment and disposal systems which considers the

11  unique soil conditions and which considers water table

12  elevations, densities, and setback requirements.  On lots

13  where a setback distance of 75 feet from surface waters,

14  saltmarsh, and buttonwood association habitat areas cannot be

15  met, an injection well, approved and permitted by the

16  department, may be used for disposal of effluent from onsite

17  sewage treatment and disposal systems.

18         (m)  No product sold in the state for use in onsite

19  sewage treatment and disposal systems may contain any

20  substance in concentrations or amounts that would interfere

21  with or prevent the successful operation of such system, or

22  that would cause discharges from such systems to violate

23  applicable water quality standards. The department shall

24  publish criteria for products known or expected to meet the

25  conditions of this paragraph. In the event a product does not

26  meet such criteria, such product may be sold if the

27  manufacturer satisfactorily demonstrates to the department

28  that the conditions of this paragraph are met.

29         (n)  Evaluations for determining the seasonal

30  high-water table elevations or the suitability of soils for

31  the use of a new onsite sewage treatment and disposal system

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 1  shall be performed by department personnel, professional

 2  engineers registered in the state, or such other persons with

 3  expertise, as defined by rule, in making such evaluations.

 4  Evaluations for determining mean annual flood lines shall be

 5  performed by those persons identified in paragraph (2)(i). The

 6  department shall accept evaluations submitted by professional

 7  engineers and such other persons as meet the expertise

 8  established by this section or by rule unless the department

 9  has a reasonable scientific basis for questioning the accuracy

10  or completeness of the evaluation.

11         (o)  The department shall appoint a research review and

12  advisory committee, which shall meet at least semiannually.

13  The committee shall advise the department on directions for

14  new research, review and rank proposals for research

15  contracts, and review draft research reports and make

16  comments.  The committee is comprised of:

17         1.  A representative of the Division of Environmental

18  Health of the Department of Health.

19         2.  A representative from the septic tank industry.

20         3.  A representative from the home building industry.

21         4.  A representative from an environmental interest

22  group.

23         5.  A representative from the State University System,

24  from a department knowledgeable about onsite sewage treatment

25  and disposal systems.

26         6.  A professional engineer registered in this state

27  who has work experience in onsite sewage treatment and

28  disposal systems.

29         7.  A representative from the real estate profession.

30         8.  A representative from the restaurant industry.

31         9.  A consumer.

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 1  

 2  Members shall be appointed for a term of 3 years, with the

 3  appointments being staggered so that the terms of no more than

 4  four members expire in any one year.  Members shall serve

 5  without remuneration, but are entitled to reimbursement for

 6  per diem and travel expenses as provided in s. 112.061.

 7         (p)  An application for an onsite sewage treatment and

 8  disposal system permit shall be completed in full, signed by

 9  the owner or the owner's authorized representative, or by a

10  contractor licensed under chapter 489, and shall be

11  accompanied by all required exhibits and fees. No specific

12  documentation of property ownership shall be required as a

13  prerequisite to the review of an application or the issuance

14  of a permit.  The issuance of a permit does not constitute

15  determination by the department of property ownership.

16         (q)  The department may not require any form of

17  subdivision analysis of property by an owner, developer, or

18  subdivider prior to submission of an application for an onsite

19  sewage treatment and disposal system.

20         (r)  Nothing in this section limits the power of a

21  municipality or county to enforce other laws for the

22  protection of the public health and safety.

23         (s)  In the siting of onsite sewage treatment and

24  disposal systems, including drainfields, shoulders, and

25  slopes, guttering shall not be required on single-family

26  residential dwelling units for systems located greater than 5

27  feet from the roof drip line of the house.  If guttering is

28  used on residential dwelling units, the downspouts shall be

29  directed away from the drainfield.

30         (t)  Notwithstanding the provisions of subparagraph

31  (g)1., onsite sewage treatment and disposal systems located in

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    Florida Senate - 2006                                  SB 2216
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 1  floodways of the Suwannee and Aucilla Rivers must adhere to

 2  the following requirements:

 3         1.  The absorption surface of the drainfield shall not

 4  be subject to flooding based on 10-year flood elevations.

 5  Provided, however, for lots or parcels created by the

 6  subdivision of land in accordance with applicable local

 7  government regulations prior to January 17, 1990, if an

 8  applicant cannot construct a drainfield system with the

 9  absorption surface of the drainfield at an elevation equal to

10  or above 10-year flood elevation, the department shall issue a

11  permit for an onsite sewage treatment and disposal system

12  within the 10-year floodplain of rivers, streams, and other

13  bodies of flowing water if all of the following criteria are

14  met:

15         a.  The lot is at least one-half acre in size;

16         b.  The bottom of the drainfield is at least 36 inches

17  above the 2-year flood elevation; and

18         c.  The applicant installs either:  a waterless,

19  incinerating, or organic waste composting toilet and a

20  graywater system and drainfield in accordance with department

21  rules; an aerobic treatment unit and drainfield in accordance

22  with department rules; a system approved by the State Health

23  Office that is capable of reducing effluent nitrate by at

24  least 50 percent; or a system approved by the county health

25  department pursuant to department rule other than a system

26  using alternative drainfield materials.  The United States

27  Department of Agriculture Soil Conservation Service soil maps,

28  State of Florida Water Management District data, and Federal

29  Emergency Management Agency Flood Insurance maps are resources

30  that shall be used to identify flood-prone areas.

31  

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    Florida Senate - 2006                                  SB 2216
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 1         2.  The use of fill or mounding to elevate a drainfield

 2  system out of the 10-year floodplain of rivers, streams, or

 3  other bodies of flowing water shall not be permitted if such a

 4  system lies within a regulatory floodway of the Suwannee and

 5  Aucilla Rivers.  In cases where the 10-year flood elevation

 6  does not coincide with the boundaries of the regulatory

 7  floodway, the regulatory floodway will be considered for the

 8  purposes of this subsection to extend at a minimum to the

 9  10-year flood elevation.

10         (u)  The owner of an aerobic treatment unit system

11  shall maintain a current maintenance service agreement with an

12  aerobic treatment unit maintenance entity permitted by the

13  department. The maintenance entity shall obtain a system

14  operating permit from the department for each aerobic

15  treatment unit under service contract. The maintenance entity

16  shall inspect each aerobic treatment unit system at least

17  twice each year and shall report quarterly to the department

18  on the number of aerobic treatment unit systems inspected and

19  serviced. The owner shall allow the department to inspect

20  during reasonable hours each aerobic treatment unit system at

21  least annually, and such inspection may include collection and

22  analysis of system-effluent samples for performance criteria

23  established by rule of the department.

24         (v)  The department may require the submission of

25  detailed system construction plans that are prepared by a

26  professional engineer registered in this state. The department

27  shall establish by rule criteria for determining when such a

28  submission is required.

29         Section 4.  Section 689.262, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2006                                  SB 2216
    4-1021A-06




 1         689.262  Sale of real property; disclosure of property

 2  location in hurricane evacuation zone to prospective

 3  purchaser.--

 4         (1)  A prospective purchaser of real property located

 5  in a hurricane evacuation zone must be presented a disclosure

 6  summary at or before execution of the contract for sale.

 7  Unless a substantially similar disclosure summary is included

 8  in the contract for sale, a separate disclosure summary must

 9  be attached to the contract for sale. The disclosure summary,

10  whether separate or included in the contract, must be in a

11  form substantially similar to the following:

12  

13              PROPERTY IN HURRICANE EVACUATION ZONE

14                        DISCLOSURE SUMMARY

15  

16  ALL OR A PORTION OF THIS PROPERTY CURRENTLY LIES WITHIN THE

17  CATEGORY [INSERT ZONE(S)] HURRICANE EVACUATION ZONE(S)

18  DESIGNATED BY THE COUNTY EMERGENCY MANAGEMENT DEPARTMENT. THIS

19  DESIGNATION MAY REQUIRE OCCUPANTS OF THE PROPERTY TO EVACUATE

20  DURING AN IMPENDING TROPICAL STORM OR HURRICANE EVENT. AS THIS

21  DESIGNATION IS SUBJECT TO CHANGE, YOU SHOULD VERIFY YOUR

22  HURRICANE EVACUATION ZONE DESIGNATION PRIOR TO THE START OF

23  EACH HURRICANE SEASON. IF YOU HAVE ANY QUESTIONS REGARDING

24  THIS DISCLOSURE, CONTACT THE COUNTY EMERGENCY MANAGEMENT

25  AGENCY FOR INFORMATION.

26         (2)  Unless included in the contract, the disclosure

27  summary must be provided by the seller. If the disclosure

28  summary is not included in the contract for sale, the contract

29  for sale must refer to and incorporate by reference the

30  disclosure summary and include, in prominent wording, a

31  statement that the potential purchaser should not execute the

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    Florida Senate - 2006                                  SB 2216
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 1  contract until he or she has read the disclosure summary

 2  required by this section.

 3         Section 5.  This act shall take effect July 1, 2006.

 4  

 5            *****************************************

 6                          SENATE SUMMARY

 7    Authorizes an agency, political subdivision, or
      municipality having jurisdiction over an impacted area to
 8    install rigid coastal armoring structures. Authorizes the
      Department of Environmental Protection to revoke the
 9    authority of an agency, political subdivision, or
      municipality to install rigid coastal armoring
10    structures. Requires the Division of Emergency Management
      to be responsible for managing the update of regional
11    hurricane evacuation studies. Requires the issuance of a
      permit for work seaward of the coastal construction
12    control line to be contingent upon receipt of a coastal
      construction control line permit from the Department of
13    Environmental Protection. Requires that a prospective
      purchaser of real property located in a hurricane
14    evacuation zone be presented a disclosure summary at or
      before execution of the contract for sale. Provides a
15    format for the disclosure summary.

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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