Senate Bill sb2216e1

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  1                      A bill to be entitled

  2         An act relating to hazard mitigation for

  3         coastal development; amending s. 161.085, F.S.;

  4         authorizing an agency, political subdivision,

  5         or municipality having jurisdiction over an

  6         impacted area to install rigid coastal armoring

  7         structures; authorizing the Department of

  8         Environmental Protection to revoke the

  9         authority of an agency, political subdivision,

10         or municipality to install rigid coastal

11         armoring structures; specifying conditions

12         under which sand filled tubes or similar

13         structures may be authorized as the core of a

14         restored dune feature; amending s. 163.3178,

15         F.S.; requiring the Division of Emergency

16         Management to manage the update of regional

17         hurricane evacuation studies; defining the term

18         "coastal high-hazard area"; requiring the

19         Department of Community Affairs to find that an

20         application to amend a local government

21         comprehensive plan which meets specified

22         conditions concerning hurricane evacuation,

23         evacuation time, and related mitigation

24         complies with state coastal high-hazard

25         standards; requiring each local government to

26         amend its future land use map and comprehensive

27         plan by a certain date to reflect such

28         requirement and conditions; requiring local

29         governments and developers to enter into

30         certain agreements; amending s. 163.336, F.S.;

31         revising the requirements for the placement of


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 1         beach-compatible material that is excavated

 2         during the coastal resort area redevelopment

 3         pilot project; extending the expiration date of

 4         the pilot project; requiring a report; amending

 5         s. 381.0065, F.S.; requiring the issuance of

 6         certain permits by the Department of Health for

 7         work seaward of the coastal construction

 8         control line to be contingent upon receipt of a

 9         coastal construction control line permit from

10         the Department of Environmental Protection;

11         providing an effective date.

12  

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

14  

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

16  Statutes, is amended, and subsections (8) and (9) are  added

17  to that section, to read:

18         161.085  Rigid coastal armoring structures.--

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

20  which threatens private structures or public infrastructure

21  and a permit has not been issued pursuant to subsection (2),

22  unless the authority has been revoked by order of the

23  department pursuant to subsection (8), an the agency,

24  political subdivision, or municipality having jurisdiction

25  over the impacted area may install or authorize installation

26  of rigid coastal armoring structures for the protection of

27  private structures or public infrastructure, or take other

28  measures to relieve the threat to private structures or public

29  infrastructure as long as the following items are considered

30  and incorporated into such emergency measures:

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


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 1         (b)  Siting and design criteria for the protective

 2  structure.

 3         (c)  Impacts on adjacent properties.

 4         (d)  Preservation of public beach access.

 5         (e)  Protection of native coastal vegetation and

 6  nesting marine turtles and their hatchlings.

 7         (8)  If a political subdivision or municipality

 8  installs or authorizes installation of a rigid coastal

 9  armoring structure that does not comply with subsection (3),

10  and if the department determines that the action harms or

11  interferes with the protection of the beach-dune system,

12  adversely impacts adjacent properties, interferes with public

13  beach access, or harms native coastal vegetation or nesting

14  marine turtles or their hatchlings, the department may revoke

15  by order the authority of the political subdivision or

16  municipality under subsection (3) to install or authorize the

17  installation of rigid coastal armoring structures.

18         (9)  The department, or an agency, political

19  subdivision, or municipality described in subsection (3), may

20  authorize sand-filled tubes or similar structures proposed as

21  the core of a restored dune feature if the applicant meets the

22  requirements of this part and:

23         (a)  Demonstrates that the United States Fish and

24  Wildlife Service has approved a habitat conservation plan that

25  includes the shoreline where each structure will be placed;

26         (b)  Provides reasonable assurance that adequate sand

27  cover will be maintained over the structure such that the

28  structure will not interact with the beach dune system as

29  rigid coastal armoring or adversely affect marine turtle

30  nesting and provides for a responsible entity to conduct such

31  maintenance; and


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 1         (c)  Provides reasonable assurance that each structure

 2  will be removed if the maintenance required by paragraph (b)

 3  proves to be not feasible.

 4         Section 2.  Paragraphs (d) and (h) of subsection (2) of

 5  section 163.3178, Florida Statutes, are amended, and

 6  subsection (9) is added to that section, 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         (d)  A component which outlines principles for hazard

13  mitigation and protection of human life against the effects of

14  natural disaster, including population evacuation, which take

15  into consideration the capability to safely evacuate the

16  density of coastal population proposed in the future land use

17  plan element in the event of an impending natural disaster.

18  The Division of Emergency Management shall manage the update

19  of the regional hurricane evacuation studies, ensure such

20  studies are done in a consistent manner, and ensure that the

21  methodology used for modeling storm surge is that used by the

22  National Hurricane Center.

23         (h)  Designation of coastal high-hazard coastal areas

24  and the criteria for mitigation for a comprehensive plan

25  amendment in the coastal high-hazard area as defined in

26  subsection (9), which for uniformity and planning purposes

27  herein, are defined as category 1 evacuation zones. The

28  coastal high-hazard area is the area below the elevation of

29  the category 1 storm surge line as established by the Sea,

30  Lake and Overland Surges from Hurricanes (SLOSH) computerized

31  storm surge model. However, Application of mitigation and


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 1  development and redevelopment policies, pursuant to s.

 2  380.27(2), and any rules adopted thereunder, shall be at the

 3  discretion of local government.

 4         (9)(a)  A local government may elect to comply with

 5  rules 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida

 6  Administrative Code, through the process provided in this

 7  section.  A proposed amendment to a comprehensive plan is in

 8  compliance with state coastal high-hazard provisions as

 9  provided in rule 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7) if:

10         1.  The adopted level of service for out-of-county

11  hurricane evacuation is maintained for a category 5 storm

12  event, as measured by the Saffir-Simpson Scale;

13         2.  A 12-hour evacuation time-to-shelter is maintained

14  for the category 5 storm event, as measured by the

15  Saffir-Simpson Scale, and shelter space reasonably expected to

16  accommodate the residents of the development contemplated by a

17  proposed amendment to the comprehensive plan is available; or

18         3.  Appropriate mitigation is provided that will

19  satisfy the provisions of subparagraph 1. or subparagraph 2.

20  Appropriate mitigation shall include, without limitation,

21  payment of money, contribution of land, and construction of

22  hurricane shelters and transportation facilities. Required

23  mitigation shall not exceed the amount required for a

24  developer to accommodate impacts reasonably attributable to

25  development. A local government and a developer shall enter

26  into a binding agreement to memorialize the mitigation plan.

27         (b)  For those local governments that have not

28  established a level of service for out-of-county hurricane

29  evacuation by July 1, 2008, but elect to comply with rules

30  9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida

31  Administrative Code, by following the process in paragraph


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 1  (a), the level of service shall be no greater than 16 hours

 2  for a category 5 storm event as measured on the Saffir-Simpson

 3  scale.

 4         (c)  By July 1, 2008, each local government must amend

 5  its future land use map and coastal management element to

 6  include the new definition of coastal high-hazard area and to

 7  depict the coastal high-hazard area on the future land use

 8  maps.

 9         (d)  This subsection shall take effect upon this act

10  becoming a law and applies to all local governments.

11         Section 3.  Subsections (2) and (3) of section 163.336,

12  Florida Statutes, are amended to read:

13         163.336  Coastal resort area redevelopment pilot

14  project.--

15         (2)  PILOT PROJECT ADMINISTRATION.--

16         (a)  To be eligible to participate in this pilot

17  project, all or a portion of the area must be within:

18         1.  The coastal building zone as defined in s. 161.54;

19  and

20         2.  A community redevelopment area, enterprise zone,

21  brownfield area, empowerment zone, or other such economically

22  deprived areas as designated by the county or municipality

23  with jurisdiction over the area.

24         (b)  Local governments are encouraged to use the full

25  range of economic and tax incentives available to facilitate

26  and promote redevelopment and revitalization within the pilot

27  project areas.

28         (c)  The Office of the Governor, Department of

29  Environmental Protection, and the Department of Community

30  Affairs are directed to provide technical assistance to

31  expedite permitting for redevelopment projects and


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 1  construction activities within the pilot project areas

 2  consistent with the principles, processes, and timeframes

 3  provided in s. 403.973.

 4         (d)  The Department of Environmental Protection shall

 5  exempt construction activities within the pilot project area

 6  in locations seaward of a coastal construction control line

 7  and landward of existing armoring from certain siting and

 8  design criteria pursuant to s. 161.053. However, such

 9  exemption shall not be deemed to exempt property within the

10  pilot project area from applicable local land development

11  regulations, including but not limited to, setback, side lot

12  line, and lot coverage requirements. Such exemption shall

13  apply to construction and redevelopment of structures

14  involving the coverage, excavation, and impervious surface

15  criteria of s. 161.053, and related adopted rules, as follows:

16         1.  This review by the department of applications for

17  permits for coastal construction within the pilot project area

18  must apply to construction and redevelopment of structures

19  subject to the coverage, excavation, and impervious surface

20  criteria of s. 161.053, and related adopted rules. It is the

21  intent of these provisions that the pilot project area be

22  enabled to redevelop in a manner which meets the economic

23  needs of the area while preserving public safety and existing

24  resources, including natural resources.

25         2.  The criteria for review under s. 161.053 are

26  applicable within the pilot project area, except that the

27  structures within the pilot project area shall not be subject

28  to specific shore parallel coverage requirements and are

29  allowed to exceed the 50 percent impervious surface

30  requirement. In no case shall stormwater discharge be allowed

31  onto, or seaward of, the frontal dune. Structures are also not


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 1  bound by the restrictions on excavation unless the

 2  construction will adversely affect the integrity of the

 3  existing seawall or rigid coastal armoring structure or

 4  stability of the existing beach and dune system. It is

 5  specifically contemplated that underground structures,

 6  including garages, will be permitted. All beach-compatible

 7  material excavated under this subparagraph must be maintained

 8  on site seaward of the coastal construction control line.

 9  However, during the permit-review process, pursuant to s.

10  161.053, the department may favorably consider authorized sand

11  placement on adjacent properties if the permittee has

12  demonstrated every reasonable effort to effectively use all

13  beach-quality material on site to enhance the beach and dune

14  system, and has prepared a comprehensive plan for beach and

15  dune nourishment for the adjoining area.

16         3.  The review criteria in subparagraph 2. will apply

17  to all construction within the pilot project area lying

18  seaward of the coastal construction control line and landward

19  of an existing viable seawall or rigid coastal armoring

20  structure, if such construction is fronted by a seawall or

21  rigid coastal armoring structure extending at least 1,000 feet

22  without any interruptions other than beach access points. For

23  purposes of this section, a viable seawall or rigid coastal

24  armoring structure is a structure that has not deteriorated,

25  dilapidated, or been damaged to such a degree that it no

26  longer provides adequate protection to the upland property

27  when considering the following criteria, including, but not

28  limited to:

29         a.  The top must be at or above the still water level,

30  including setup, for the design storm of 30-year return storm

31  plus the breaking wave calculated at its highest achievable


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 1  level based on the maximum eroded beach profile and highest

 2  surge level combination, and must be high enough to preclude

 3  runup overtopping;

 4         b.  The armoring must be stable under the design storm

 5  of 30-year return storm, including maximum localized scour,

 6  with adequate penetration; and

 7         c.  The armoring must have sufficient continuity or

 8  return walls to prevent flooding under the design storm of

 9  30-year return storm from impacting the proposed construction.

10         4.  Where there exists a continuous line of rigid

11  coastal armoring structure on either side of unarmored

12  property and the adjacent line of rigid coastal armoring

13  structures are having an adverse effect on or threaten the

14  unarmored property, and the gap does not exceed 100 feet, the

15  department may grant the necessary permits under s. 161.085 to

16  close the gap.

17         5.  Structures approved pursuant to this section shall

18  not cause flooding of or result in adverse impacts to existing

19  upland structures or properties and shall comply with all

20  other requirements of s. 161.053 and its implementing rules.

21         6.  Where there exists a continuous line of viable

22  rigid coastal armoring structure on either side of a nonviable

23  rigid coastal armoring structure, the department shall grant

24  the necessary permits under s. 161.085 to replace such

25  nonviable rigid coastal armoring structure with a viable rigid

26  coastal armoring structure as defined in this section. This

27  shall not apply to rigid coastal armoring structures

28  constructed after May 1, 1998, unless such structures have

29  been permitted pursuant to s. 161.085(2).

30         (3)  PILOT PROJECT EXPIRATION.--The authorization for

31  the pilot project and the provisions of this section expire


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 1  December 31, 2014 2006. The department and affected local

 2  governments shall provide for an independent analysis of the

 3  economic value and environmental impact of the pilot project

 4  and provide a report to the Legislature on or before February

 5  1, 2008.

 6         Section 4.  Subsection (4) of section 381.0065, Florida

 7  Statutes, is amended to read:

 8         381.0065  Onsite sewage treatment and disposal systems;

 9  regulation.--

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

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

12  onsite sewage treatment and disposal system without first

13  obtaining a permit approved by the department. The department

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

15  make the issuance of such permits contingent upon prior

16  approval by the Department of Environmental Protection, except

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

18  construction control line established under s. 161.053 shall

19  be contingent upon receipt of any required coastal

20  construction control line permit from the Department of

21  Environmental Protection. A construction permit is valid for

22  18 months from the issuance date and may be extended by the

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

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

25  of issuance. An operating permit must be obtained prior to the

26  use of any aerobic treatment unit or if the establishment

27  generates commercial waste. Buildings or establishments that

28  use an aerobic treatment unit or generate commercial waste

29  shall be inspected by the department at least annually to

30  assure compliance with the terms of the operating permit. The

31  operating permit for a commercial wastewater system is valid


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 1  for 1 year from the date of issuance and must be renewed

 2  annually. The operating permit for an aerobic treatment unit

 3  is valid for 2 years from the date of issuance and must be

 4  renewed every 2 years. If all information pertaining to the

 5  siting, location, and installation conditions or repair of an

 6  onsite sewage treatment and disposal system remains the same,

 7  a construction or repair permit for the onsite sewage

 8  treatment and disposal system may be transferred to another

 9  person, if the transferee files, within 60 days after the

10  transfer of ownership, an amended application providing all

11  corrected information and proof of ownership of the property.

12  There is no fee associated with the processing of this

13  supplemental information. A person may not contract to

14  construct, modify, alter, repair, service, abandon, or

15  maintain any portion of an onsite sewage treatment and

16  disposal system without being registered under part III of

17  chapter 489. A property owner who personally performs

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

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

20  from registration requirements for performing such

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

22  is subject to all permitting requirements. A municipality or

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

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

25  onsite sewage treatment and disposal system unless the owner

26  or builder has received a construction permit for such system

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

28  occupied and a municipality, political subdivision, or any

29  state or federal agency may not authorize occupancy until the

30  department approves the final installation of the onsite

31  sewage treatment and disposal system. A municipality or


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 1  political subdivision of the state may not approve any change

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

 3  sewage treatment and disposal system until the department has

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

 5  approved the change, and amended the operating permit.

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

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

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

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

10  parallel to the side bordering the street drawn between the

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

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

13  onsite sewage treatment and disposal systems, provided the

14  projected daily sewage flow does not exceed an average of

15  1,500 gallons per acre per day, and provided satisfactory

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

17  soil condition, water table elevation, and other related

18  requirements of this section and rules adopted under this

19  section can be met.

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

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

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

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

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

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

26  table elevation, and other related requirements that are

27  generally applicable to the use of onsite sewage treatment and

28  disposal systems are met.

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

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

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


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 1  has previously made or makes provisions, including financial

 2  assurances or other commitments, acceptable to the Department

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

 4  regulated public utility based on a density formula, private

 5  potable wells may be used with onsite sewage treatment and

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

 7  The department may consider assurances filed with the

 8  Department of Business and Professional Regulation under

 9  chapter 498 in determining the adequacy of the financial

10  assurance required by this paragraph. In a subdivision

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

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

13  not affect the validity of existing prior agreements. After

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

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

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

17  proposed residential subdivision with more than 50 lots or to

18  any proposed commercial subdivision with more than 5 lots

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

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

21  development of additional proposed subdivisions in order to

22  evade the requirements of this paragraph.

23         (e)  Onsite sewage treatment and disposal systems must

24  not be placed closer than:

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

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

27  a residential or nonresidential establishment having a total

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

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

30  a residential or nonresidential establishment having a total

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


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 1         4.  Fifty feet from any nonpotable well.

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

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

 4  than 5 feet.

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

 6  a tidally influenced surface water body.

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

 8  of a permanent nontidal surface water body.

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

10  retention areas, detention areas, or swales designed to

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

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

13  drainage ditches or normally dry individual lot stormwater

14  retention areas.

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

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

17  distance between an onsite disposal system and any area that

18  either permanently or temporarily has visible surface water.

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

20  under this section relating to soil condition, water table

21  elevation, distance, and other setback requirements must be

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

23         1.  Any residential lot that was platted and recorded

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

25  subdivision that was approved by the appropriate permitting

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

27  an onsite sewage treatment and disposal system construction

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

29  shall be eligible for an onsite sewage treatment and disposal

30  system construction permit, regardless of when the application

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


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 1  permit application is filed cannot be met, residential lots

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

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

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

 5  minimum, however, those residential lots platted and recorded

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

 7  1983, shall comply with those rules in effect on January 1,

 8  1983, and those residential lots platted and recorded or

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

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

11  approval. In determining the maximum extent of compliance with

12  current rules that is possible, the department shall allow

13  structures and appurtenances thereto which were authorized at

14  the time such lots were platted and recorded or approved.

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

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

17  requirements. The projected daily flow for onsite sewage

18  treatment and disposal systems for lots platted before 1972

19  may not exceed:

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

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

22  403.852.

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

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

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

26  cases which may be less restrictive than the provisions

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

28  onsite sewage treatment and disposal system construction

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

30  the system construction permit, if the transferee files,

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


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 1  construction permit application providing all corrected

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

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

 4  the property as was originally granted to the original

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

 6  the processing of this supplemental information. A variance

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

 8  satisfied that:

 9         a.  The hardship was not caused intentionally by the

10  action of the applicant;

11         b.  No reasonable alternative, taking into

12  consideration factors such as cost, exists for the treatment

13  of the sewage; and

14         c.  The discharge from the onsite sewage treatment and

15  disposal system will not adversely affect the health of the

16  applicant or the public or significantly degrade the

17  groundwater or surface waters.

18  

19  Where soil conditions, water table elevation, and setback

20  provisions are determined by the department to be

21  satisfactory, special consideration must be given to those

22  lots platted before 1972.

23         2.  The department shall appoint and staff a variance

24  review and advisory committee, which shall meet monthly to

25  recommend agency action on variance requests. The committee

26  shall make its recommendations on variance requests at the

27  meeting in which the application is scheduled for

28  consideration, except for an extraordinary change in

29  circumstances, the receipt of new information that raises new

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

31  committee shall consider the criteria in subparagraph 1. in


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 1  its recommended agency action on variance requests and shall

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

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

 4         a.  The Division Director for Environmental Health of

 5  the department or his or her designee.

 6         b.  A representative from the county health

 7  departments.

 8         c.  A representative from the home building industry

 9  recommended by the Florida Home Builders Association.

10         d.  A representative from the septic tank industry

11  recommended by the Florida Onsite Wastewater Association.

12         e.  A representative from the Department of

13  Environmental Protection.

14         f.  A representative from the real estate industry who

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

16  onsite sewage treatment and disposal systems, recommended by

17  the Florida Association of Realtors.

18         g.  A representative from the engineering profession

19  recommended by the Florida Engineering Society.

20  

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

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

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

24  without remuneration, but if requested, shall be reimbursed

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

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

27  onsite sewage treatment and disposal system in any area zoned

28  or used for industrial or manufacturing purposes, or its

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

30  treatment system is available, or where a likelihood exists

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


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    CS for CS for SB 2216                          First Engrossed



 1  waste. An existing onsite sewage treatment and disposal system

 2  may be repaired if a publicly owned or investor-owned sewerage

 3  system is not available within 500 feet of the building sewer

 4  stub-out and if system construction and operation standards

 5  can be met. This paragraph does not require publicly owned or

 6  investor-owned sewerage treatment systems to accept anything

 7  other than domestic wastewater.

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

 9  industrial or manufacturing purposes, or its equivalent, when

10  such building is served by an onsite sewage treatment and

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

12  tenant has obtained written approval from the department. The

13  department shall not grant approval when the proposed use of

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

15  wastewater or toxic or hazardous chemicals.

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

17  facility in an area zoned or used for industrial or

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

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

20  hazardous, or industrial wastewater or toxic or hazardous

21  chemicals, and uses an onsite sewage treatment and disposal

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

23  an annual system operating permit from the department. A

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

25  sewage treatment and disposal system that was installed and

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

27  operating permit. However, upon change of ownership or

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

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

30  annual system operating permit, regardless of the date that

31  the system was installed or approved.


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    CS for CS for SB 2216                          First Engrossed



 1         3.  The department shall periodically review and

 2  evaluate the continued use of onsite sewage treatment and

 3  disposal systems in areas zoned or used for industrial or

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

 5  collection and analyses of samples from within and around such

 6  systems. If the department finds that toxic or hazardous

 7  chemicals or toxic, hazardous, or industrial wastewater have

 8  been or are being disposed of through an onsite sewage

 9  treatment and disposal system, the department shall initiate

10  enforcement actions against the owner or tenant to ensure

11  adequate cleanup, treatment, and disposal.

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

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

14  engineer registered in the state and certified by such

15  engineer as complying with performance criteria adopted by the

16  department must be approved by the department subject to the

17  following:

18         1.  The performance criteria applicable to

19  engineer-designed systems must be limited to those necessary

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

21  health or significantly degrade the groundwater or surface

22  water. Such performance criteria shall include consideration

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

24  flow per acre, wastewater treatment capabilities of the

25  natural or replaced soil, water quality classification of the

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

27  maintenance viability of the system for the treatment of

28  domestic wastewater. However, performance criteria shall

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

30  design.

31  


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    CS for CS for SB 2216                          First Engrossed



 1         2.  The technical review and advisory panel shall

 2  assist the department in the development of performance

 3  criteria applicable to engineer-designed systems.

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

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

 6  such design, certified by a registered professional engineer,

 7  to the county health department. The county health department

 8  may utilize an outside consultant to review the

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

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

11  receiving an engineer-designed system permit application, the

12  county health department shall request additional information

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

14  after receiving a complete application for an

15  engineer-designed system, the county health department either

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

17  does not comply with the performance criteria, shall notify

18  the applicant of that determination and refer the application

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

20  should be approved, disapproved, or approved with

21  modification. The department engineer's determination shall

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

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

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

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

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

27  system must maintain a current maintenance service agreement

28  with a maintenance entity permitted by the department. The

29  maintenance entity shall obtain a biennial system operating

30  permit from the department for each system under service

31  contract. The department shall inspect the system at least


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    CS for CS for SB 2216                          First Engrossed



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

 2  permits, and may collect system-effluent samples if

 3  appropriate to determine compliance with the performance

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

 5  collected beginning with the second year of system operation.

 6  The maintenance entity shall inspect each system at least

 7  twice each year and shall report quarterly to the department

 8  on the number of systems inspected and serviced.

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

10  function or fails to meet performance standards, the system

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

12  compliance with the provisions of this section.

13         (k)  An innovative system may be approved in

14  conjunction with an engineer-designed site-specific system

15  which is certified by the engineer to meet the

16  performance-based criteria adopted by the department.

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

18  special rule for the construction, installation, modification,

19  operation, repair, maintenance, and performance of onsite

20  sewage treatment and disposal systems which considers the

21  unique soil conditions and which considers water table

22  elevations, densities, and setback requirements. On lots where

23  a setback distance of 75 feet from surface waters, saltmarsh,

24  and buttonwood association habitat areas cannot be met, an

25  injection well, approved and permitted by the department, may

26  be used for disposal of effluent from onsite sewage treatment

27  and disposal systems.

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

29  sewage treatment and disposal systems may contain any

30  substance in concentrations or amounts that would interfere

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


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    CS for CS for SB 2216                          First Engrossed



 1  that would cause discharges from such systems to violate

 2  applicable water quality standards. The department shall

 3  publish criteria for products known or expected to meet the

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

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

 6  manufacturer satisfactorily demonstrates to the department

 7  that the conditions of this paragraph are met.

 8         (n)  Evaluations for determining the seasonal

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

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

11  shall be performed by department personnel, professional

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

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

14  Evaluations for determining mean annual flood lines shall be

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

16  department shall accept evaluations submitted by professional

17  engineers and such other persons as meet the expertise

18  established by this section or by rule unless the department

19  has a reasonable scientific basis for questioning the accuracy

20  or completeness of the evaluation.

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

22  advisory committee, which shall meet at least semiannually.

23  The committee shall advise the department on directions for

24  new research, review and rank proposals for research

25  contracts, and review draft research reports and make

26  comments. The committee is comprised of:

27         1.  A representative of the Division of Environmental

28  Health of the Department of Health.

29         2.  A representative from the septic tank industry.

30         3.  A representative from the home building industry.

31  


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    CS for CS for SB 2216                          First Engrossed



 1         4.  A representative from an environmental interest

 2  group.

 3         5.  A representative from the State University System,

 4  from a department knowledgeable about onsite sewage treatment

 5  and disposal systems.

 6         6.  A professional engineer registered in this state

 7  who has work experience in onsite sewage treatment and

 8  disposal systems.

 9         7.  A representative from the real estate profession.

10         8.  A representative from the restaurant industry.

11         9.  A consumer.

12  

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

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

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

16  without remuneration, but are entitled to reimbursement for

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

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

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

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

21  contractor licensed under chapter 489, and shall be

22  accompanied by all required exhibits and fees. No specific

23  documentation of property ownership shall be required as a

24  prerequisite to the review of an application or the issuance

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

26  determination by the department of property ownership.

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

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

29  subdivider prior to submission of an application for an onsite

30  sewage treatment and disposal system.

31  


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    CS for CS for SB 2216                          First Engrossed



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

 2  municipality or county to enforce other laws for the

 3  protection of the public health and safety.

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

 5  disposal systems, including drainfields, shoulders, and

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

 7  residential dwelling units for systems located greater than 5

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

 9  used on residential dwelling units, the downspouts shall be

10  directed away from the drainfield.

11         (t)  Notwithstanding the provisions of subparagraph

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

13  floodways of the Suwannee and Aucilla Rivers must adhere to

14  the following requirements:

15         1.  The absorption surface of the drainfield shall not

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

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

18  subdivision of land in accordance with applicable local

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

20  applicant cannot construct a drainfield system with the

21  absorption surface of the drainfield at an elevation equal to

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

23  permit for an onsite sewage treatment and disposal system

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

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

26  met:

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

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

29  above the 2-year flood elevation; and

30         c.  The applicant installs either: a waterless,

31  incinerating, or organic waste composting toilet and a


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    CS for CS for SB 2216                          First Engrossed



 1  graywater system and drainfield in accordance with department

 2  rules; an aerobic treatment unit and drainfield in accordance

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

 4  Office that is capable of reducing effluent nitrate by at

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

 6  department pursuant to department rule other than a system

 7  using alternative drainfield materials. The United States

 8  Department of Agriculture Soil Conservation Service soil maps,

 9  State of Florida Water Management District data, and Federal

10  Emergency Management Agency Flood Insurance maps are resources

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

12         2.  The use of fill or mounding to elevate a drainfield

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

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

15  system lies within a regulatory floodway of the Suwannee and

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

17  does not coincide with the boundaries of the regulatory

18  floodway, the regulatory floodway will be considered for the

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

20  10-year flood elevation.

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

22  shall maintain a current maintenance service agreement with an

23  aerobic treatment unit maintenance entity permitted by the

24  department. The maintenance entity shall obtain a system

25  operating permit from the department for each aerobic

26  treatment unit under service contract. The maintenance entity

27  shall inspect each aerobic treatment unit system at least

28  twice each year and shall report quarterly to the department

29  on the number of aerobic treatment unit systems inspected and

30  serviced. The owner shall allow the department to inspect

31  during reasonable hours each aerobic treatment unit system at


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    CS for CS for SB 2216                          First Engrossed



 1  least annually, and such inspection may include collection and

 2  analysis of system-effluent samples for performance criteria

 3  established by rule of the department.

 4         (v)  The department may require the submission of

 5  detailed system construction plans that are prepared by a

 6  professional engineer registered in this state. The department

 7  shall establish by rule criteria for determining when such a

 8  submission is required.

 9         Section 5.  This act shall take effect upon becoming a

10  law.

11  

12  

13  

14  

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16  

17  

18  

19  

20  

21  

22  

23  

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