Florida Senate - 2019 SB 1172 By Senator Brandes 24-01499C-19 20191172__ 1 A bill to be entitled 2 An act relating to sanitary sewer laterals; defining 3 the term “sanitary sewer lateral”; encouraging 4 counties and municipalities to establish a sanitary 5 sewer lateral inspection program by a specified date; 6 providing parameters for such a program; creating s. 7 689.301, F.S.; requiring a seller of real property to 8 disclose any actually known defects of the property’s 9 sanitary sewer lateral; defining the term “sanitary 10 sewer lateral”; providing an effective date. 11 12 WHEREAS, a sanitary sewer lateral is the portion of the 13 sewer network which connects private properties to the public 14 sewer system, conveying wastewater from homes and businesses to 15 centralized wastewater treatment plants, and 16 WHEREAS, a property owner is typically responsible for all 17 maintenance, operation, cleaning, repair, and reconstruction of 18 a sanitary sewer lateral on private property, and 19 WHEREAS, defects in private sanitary sewer laterals may 20 occur due to system aging, structural failure, lack of proper 21 maintenance, or poor construction and design practices, and 22 WHEREAS, defective sanitary sewer laterals can cause 23 blockages, backups, or overflows into the environment, can 24 contribute to water pollution, and can have a significant impact 25 on the performance of a sewer system and treatment plant, and 26 WHEREAS, defective sanitary sewer laterals on private 27 property can be difficult to detect, and 28 WHEREAS, inspections of sanitary sewer laterals are not 29 required by state law, and 30 WHEREAS, facts that materially affect the value of real 31 estate must be disclosed in real estate transactions, NOW, 32 THEREFORE, 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Sanitary sewer lateral inspection program.— 37 (1) As used in this section, the term “sanitary sewer 38 lateral” means a privately owned pipeline connecting a property 39 to the main sewer line and which is maintained and repaired by 40 the property owner. 41 (2) By July 1, 2021, counties and municipalities are 42 encouraged to establish an evaluation and rehabilitation program 43 for sanitary sewer laterals on residential and commercial 44 properties within the county’s or municipality’s jurisdiction to 45 identify and reduce extraneous flow from leaking sanitary sewer 46 laterals. At a minimum, the program may do all of the following: 47 (a) Establish a system to identify defective, damaged, or 48 deteriorated sanitary sewer laterals on residential and 49 commercial properties within the jurisdiction of a county or a 50 municipality. 51 (b) Consider economical methods for a property owner to 52 repair or replace a defective, damaged, or deteriorated sanitary 53 sewer lateral. 54 (c) Establish and maintain a publicly accessible database 55 to store information on properties where a defective, damaged, 56 or deteriorated sanitary sewer lateral has been identified. The 57 database must include, but is not limited to, the address of the 58 property, the names of any persons notified by the county or 59 municipality of the faulty sanitary sewer lateral, and the date 60 and method of such notification. 61 Section 2. Section 689.301, Florida Statutes, is created to 62 read: 63 689.301 Disclosure of known defects of sanitary sewer 64 laterals to prospective purchaser.—Before executing a contract 65 for sale, a seller of real property shall disclose to a 66 prospective purchaser any defects of the property’s sanitary 67 sewer lateral which are actually known to the seller. As used in 68 this section, the term “sanitary sewer lateral” means the 69 privately owned pipeline connecting a property to the main sewer 70 line. 71 Section 3. This act shall take effect July 1, 2019.