| 1 | A bill to be entitled |
| 2 | An act relating to onsite sewage treatment and disposal |
| 3 | systems; amending s. 381.0065, F.S.; revising the date by |
| 4 | which the Department of Health must create and administer |
| 5 | a statewide onsite sewage treatment and disposal system |
| 6 | evaluation program; amending s. 381.0066, F.S.; revising |
| 7 | the date by which the Surgeon General must determine a |
| 8 | revenue neutral fee schedule for specified onsite sewage |
| 9 | treatment and disposal system services; providing an |
| 10 | effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Paragraph (a) of subsection (5) of section |
| 15 | 381.0065, Florida Statutes, is amended to read: |
| 16 | 381.0065 Onsite sewage treatment and disposal systems; |
| 17 | regulation.- |
| 18 | (5) EVALUATION AND ASSESSMENT.- |
| 19 | (a) Beginning July January 1, 2011, the department shall |
| 20 | administer an onsite sewage treatment and disposal system |
| 21 | evaluation program for the purpose of assessing the fundamental |
| 22 | operational condition of systems and identifying any failures |
| 23 | within the systems. The department shall adopt rules |
| 24 | implementing the program standards, procedures, and |
| 25 | requirements, including, but not limited to, a schedule for a 5- |
| 26 | year evaluation cycle, requirements for the pump-out of a system |
| 27 | or repair of a failing system, enforcement procedures for |
| 28 | failure of a system owner to obtain an evaluation of the system, |
| 29 | and failure of a contractor to timely submit evaluation results |
| 30 | to the department and the system owner. The department shall |
| 31 | ensure statewide implementation of the evaluation and assessment |
| 32 | program by January 1, 2016. |
| 33 | Section 2. Subsection (2) of section 381.0066, Florida |
| 34 | Statutes, is amended to read: |
| 35 | 381.0066 Onsite sewage treatment and disposal systems; |
| 36 | fees.- |
| 37 | (2) The minimum fees in the following fee schedule apply |
| 38 | until changed by rule by the department within the following |
| 39 | limits: |
| 40 | (a) Application review, permit issuance, or system |
| 41 | inspection, including repair of a subsurface, mound, filled, or |
| 42 | other alternative system or permitting of an abandoned system: a |
| 43 | fee of not less than $25, or more than $125. |
| 44 | (b) A 5-year evaluation report submitted pursuant to s. |
| 45 | 381.0065(5): a fee not less than $15, or more than $30. At least |
| 46 | $1 and no more than $5 collected pursuant to this paragraph |
| 47 | shall be used to fund a grant program established under s. |
| 48 | 381.00656. |
| 49 | (c) Site evaluation, site reevaluation, evaluation of a |
| 50 | system previously in use, or a per annum septage disposal site |
| 51 | evaluation: a fee of not less than $40, or more than $115. |
| 52 | (d) Biennial Operating permit for aerobic treatment units |
| 53 | or performance-based treatment systems: a fee of not more than |
| 54 | $100. |
| 55 | (e) Annual operating permit for systems located in areas |
| 56 | zoned for industrial manufacturing or equivalent uses or where |
| 57 | the system is expected to receive wastewater which is not |
| 58 | domestic in nature: a fee of not less than $150, or more than |
| 59 | $300. |
| 60 | (f) Innovative technology: a fee not to exceed $25,000. |
| 61 | (g) Septage disposal service, septage stabilization |
| 62 | facility, portable or temporary toilet service, tank |
| 63 | manufacturer inspection: a fee of not less than $25, or more |
| 64 | than $200, per year. |
| 65 | (h) Application for variance: a fee of not less than $150, |
| 66 | or more than $300. |
| 67 | (i) Annual operating permit for waterless, incinerating, |
| 68 | or organic waste composting toilets: a fee of not less than $50, |
| 69 | or more than $150. |
| 70 | (j) Aerobic treatment unit or performance-based treatment |
| 71 | system maintenance entity permit: a fee of not less than $25, or |
| 72 | more than $150, per year. |
| 73 | (k) Reinspection fee per visit for site inspection after |
| 74 | system construction approval or for noncompliant system |
| 75 | installation per site visit: a fee of not less than $25, or more |
| 76 | than $100. |
| 77 | (l) Research: An additional $5 fee shall be added to each |
| 78 | new system construction permit issued to be used to fund onsite |
| 79 | sewage treatment and disposal system research, demonstration, |
| 80 | and training projects. Five dollars from any repair permit fee |
| 81 | collected under this section shall be used for funding the |
| 82 | hands-on training centers described in s. 381.0065(3)(j). |
| 83 | (m) Annual operating permit, including annual inspection |
| 84 | and any required sampling and laboratory analysis of effluent, |
| 85 | for an engineer-designed performance-based system: a fee of not |
| 86 | less than $150, or more than $300. |
| 87 |
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| 88 | On or before July January 1, 2011, the Surgeon General, after |
| 89 | consultation with the Revenue Estimating Conference, shall |
| 90 | determine a revenue neutral fee schedule for services provided |
| 91 | pursuant to s. 381.0065(5) within the parameters set in |
| 92 | paragraph (b). Such determination is not subject to the |
| 93 | provisions of chapter 120. The funds collected pursuant to this |
| 94 | subsection must be deposited in a trust fund administered by the |
| 95 | department, to be used for the purposes stated in this section |
| 96 | and ss. 381.0065 and 381.00655. |
| 97 | Section 3. This act shall take effect upon becoming a law. |