Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 856
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Environment and Natural Resources (Brodeur)
       recommended the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 100 and 101
    4  insert:
    5         Section 2. Paragraph (b) of subsection (6) and subsection
    6  (8) of section 381.00651, Florida Statutes, is amended to read:
    7         381.00651 Periodic evaluation and assessment of onsite
    8  sewage treatment and disposal systems.—
    9         (6) The requirements for an onsite sewage treatment and
   10  disposal system evaluation and assessment program are as
   11  follows:
   12         (b) Qualified contractors.—Each evaluation required under
   13  this subsection must be performed by a qualified contractor, who
   14  may be a private provider or an authorized representative of a
   15  private provider as described in s. 381.0065(8)(c). a septic
   16  tank contractor or master septic tank contractor registered
   17  under part III of chapter 489, a professional engineer having
   18  wastewater treatment system experience and licensed under
   19  chapter 471, or an environmental health professional certified
   20  under this chapter in the area of onsite sewage treatment and
   21  disposal system evaluation. Evaluations and pump-outs may also
   22  be performed by an authorized employee working under the
   23  supervision of an individual listed in this paragraph; however,
   24  all evaluation forms must be signed by a qualified contractor in
   25  writing or by electronic signature.
   26         (8) The county health department, in coordination with the
   27  department, shall administer any evaluation program on behalf of
   28  a county, or a municipality within the county, that has adopted
   29  an evaluation program pursuant to this section. In order to
   30  administer the evaluation program, the county or municipality,
   31  in consultation with the county health department, may develop a
   32  reasonable fee schedule to be used solely to pay for the costs
   33  of administering the evaluation program. Such a fee schedule
   34  shall be identified in the ordinance that adopts the evaluation
   35  program. When arriving at a reasonable fee schedule, the
   36  estimated annual revenues to be derived from fees may not exceed
   37  reasonable estimated annual costs of the program. Fees shall be
   38  assessed to the system owner during an inspection and separately
   39  identified on the invoice of the qualified contractor. Fees
   40  shall be remitted by the qualified contractor to the county
   41  health department.
   42         (a) The county health department’s administrative
   43  responsibilities include the following:
   44         1. (a) Providing a notice to the system owner at least 60
   45  days before the system is due for an evaluation. The notice may
   46  include information on the proper maintenance of onsite sewage
   47  treatment and disposal systems.
   48         2. (b) In consultation with the department, providing
   49  uniform disciplinary procedures and penalties for qualified
   50  contractors who do not comply with the requirements of the
   51  adopted ordinance, including, but not limited to, failure to
   52  provide the evaluation report as required in this subsection to
   53  the system owner and the county health department. Only the
   54  county health department may assess penalties against system
   55  owners for failure to comply with the adopted ordinance,
   56  consistent with existing requirements of law.
   57         (b) Nothing in this subsection shall be construed as
   58  authorizing the department to charge an inspection fee for an
   59  onsite sewage treatment and disposal system inspection performed
   60  by a private provider in accordance with s. 381.0065(8).
   63  ================= T I T L E  A M E N D M E N T ================
   64  And the title is amended as follows:
   65         Delete line 13
   66  and insert:
   67         conditions; amending s. 381.00651, F.S.; revising the
   68         list of providers authorized to perform onsite sewage
   69         treatment and disposal system evaluations; providing
   70         for applicability; providing an effective date.