Florida Senate - 2017                             CS for SB 1748
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senator Stewart
       
       
       
       
       592-04105-17                                          20171748c1
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.;
    4         directing the Department of Health, by a specified
    5         date, to identify all onsite sewage treatment and
    6         disposal systems, update the current database of
    7         onsite sewage treatment and disposal systems, and
    8         submit a report to the Governor and the Legislature;
    9         creating s. 689.30, F.S.; requiring an onsite sewage
   10         treatment and disposal system disclosure summary for
   11         certain properties before or at the execution of a
   12         contract for sale; requiring that prospective
   13         purchasers acknowledge in writing receipt of such
   14         summary disclosures; defining the term “onsite sewage
   15         treatment and disposal system”; providing an effective
   16         date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Paragraph (o) is added to subsection (3) of
   21  section 381.0065, Florida Statutes, to read:
   22         381.0065 Onsite sewage treatment and disposal systems;
   23  regulation.—
   24         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
   25  department shall:
   26         (o) By January 1, 2019:
   27         1. Identify all onsite sewage treatment and disposal
   28  systems in the state, including, at a minimum, the location of
   29  the systems and any other available information the department
   30  deems appropriate.
   31         2. Incorporate the information identified under
   32  subparagraph 1. into and update the current database of onsite
   33  sewage treatment and disposal systems.
   34         3. Generate a report from the database which includes, at a
   35  minimum, the total number of onsite sewage treatment and
   36  disposal systems in the state, the number of onsite sewage
   37  treatment and disposal systems in each county, and a statewide
   38  map of the systems, and submit the report to the Governor, the
   39  President of the Senate, and the Speaker of the House of
   40  Representatives.
   41         Section 2. Section 689.30, Florida Statutes, is created to
   42  read:
   43         689.30 Sale of property; disclosure of onsite sewage and
   44  treatment disposal system.—
   45         (1) A seller of property must provide a prospective
   46  purchaser with a disclosure summary before or at the execution
   47  of the contract for sale if the property contains or will
   48  contain an onsite sewage treatment and disposal system. The
   49  prospective purchaser must acknowledge in writing the receipt of
   50  the disclosure summary required by this section. The disclosure
   51  summary must be conspicuous, in boldface type, and in a form
   52  substantially similar to the following:
   53  
   54             ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM           
   55                         DISCLOSURE SUMMARY                        
   56  
   57  THIS PROPERTY CONTAINS AN ONSITE SEWAGE TREATMENT AND DISPOSAL
   58  SYSTEM. WHEN NOT PROPERLY DESIGNED, CONSTRUCTED, AND MAINTAINED,
   59  SUCH SYSTEMS ARE OFTEN SOURCES OF SIGNIFICANT NUTRIENT AND OTHER
   60  TYPES OF POLLUTION IN SURFACE WATER AND GROUNDWATER. SYSTEMS
   61  SHOULD BE REGULARLY INSPECTED AND MAINTAINED TO MINIMIZE SYSTEM
   62  FAILURE AND THE DISCHARGE OF POLLUTION. ADDITIONAL INFORMATION
   63  MAY BE OBTAINED BY CONTACTING THE LOCAL COUNTY HEALTH
   64  DEPARTMENT.
   65  
   66  ...(Purchaser’s Initials)...
   67  
   68         (2) As used in this section, the term “onsite sewage
   69  treatment and disposal system” has the same meaning as in s.
   70  381.0065.
   71         Section 3. This act shall take effect October 1, 2017.
   72