Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1136
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/08/2024           .                                

       The Committee on Rules (Trumbull) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 148 - 302
    4  and insert:
    5         Section 4. Paragraph (h) of subsection (4) of section
    6  381.0065, Florida Statutes, is amended to read:
    7         381.0065 Onsite sewage treatment and disposal systems;
    8  regulation.—
    9         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
   10  construct, repair, modify, abandon, or operate an onsite sewage
   11  treatment and disposal system without first obtaining a permit
   12  approved by the department. The department may issue permits to
   13  carry out this section, except that the issuance of a permit for
   14  work seaward of the coastal construction control line
   15  established under s. 161.053 shall be contingent upon receipt of
   16  any required coastal construction control line permit from the
   17  department. A construction permit is valid for 18 months after
   18  the date of issuance and may be extended by the department for
   19  one 90-day period under rules adopted by the department. A
   20  repair permit is valid for 90 days after the date of issuance.
   21  An operating permit must be obtained before the use of any
   22  aerobic treatment unit or if the establishment generates
   23  commercial waste. Buildings or establishments that use an
   24  aerobic treatment unit or generate commercial waste shall be
   25  inspected by the department at least annually to assure
   26  compliance with the terms of the operating permit. The operating
   27  permit for a commercial wastewater system is valid for 1 year
   28  after the date of issuance and must be renewed annually. The
   29  operating permit for an aerobic treatment unit is valid for 2
   30  years after the date of issuance and must be renewed every 2
   31  years. If all information pertaining to the siting, location,
   32  and installation conditions or repair of an onsite sewage
   33  treatment and disposal system remains the same, a construction
   34  or repair permit for the onsite sewage treatment and disposal
   35  system may be transferred to another person, if the transferee
   36  files, within 60 days after the transfer of ownership, an
   37  amended application providing all corrected information and
   38  proof of ownership of the property. A fee is not associated with
   39  the processing of this supplemental information. A person may
   40  not contract to construct, modify, alter, repair, service,
   41  abandon, or maintain any portion of an onsite sewage treatment
   42  and disposal system without being registered under part III of
   43  chapter 489. A property owner who personally performs
   44  construction, maintenance, or repairs to a system serving his or
   45  her own owner-occupied single-family residence is exempt from
   46  registration requirements for performing such construction,
   47  maintenance, or repairs on that residence, but is subject to all
   48  permitting requirements. A municipality or political subdivision
   49  of the state may not issue a building or plumbing permit for any
   50  building that requires the use of an onsite sewage treatment and
   51  disposal system unless the owner or builder has received a
   52  construction permit for such system from the department. A
   53  building or structure may not be occupied and a municipality,
   54  political subdivision, or any state or federal agency may not
   55  authorize occupancy until the department approves the final
   56  installation of the onsite sewage treatment and disposal system.
   57  A municipality or political subdivision of the state may not
   58  approve any change in occupancy or tenancy of a building that
   59  uses an onsite sewage treatment and disposal system until the
   60  department has reviewed the use of the system with the proposed
   61  change, approved the change, and amended the operating permit.
   62         (h)1. The department may grant variances in hardship cases
   63  which may be less restrictive than the provisions specified in
   64  this section. If a variance is granted and the onsite sewage
   65  treatment and disposal system construction permit has been
   66  issued, the variance may be transferred with the system
   67  construction permit, if the transferee files, within 60 days
   68  after the transfer of ownership, an amended construction permit
   69  application providing all corrected information and proof of
   70  ownership of the property and if the same variance would have
   71  been required for the new owner of the property as was
   72  originally granted to the original applicant for the variance. A
   73  fee is not associated with the processing of this supplemental
   74  information. A variance may not be granted under this section
   75  until the department is satisfied that:
   76         a. The hardship was not caused intentionally by the action
   77  of the applicant;
   78         b. A reasonable alternative, taking into consideration
   79  factors such as cost, does not exist for the treatment of the
   80  sewage; and
   81         c. The discharge from the onsite sewage treatment and
   82  disposal system will not adversely affect the health of the
   83  applicant or the public or significantly degrade the groundwater
   84  or surface waters.
   86  Where soil conditions, water table elevation, and setback
   87  provisions are determined by the department to be satisfactory,
   88  special consideration must be given to those lots platted before
   89  1972.
   90         2. The department shall appoint and staff a variance review
   91  and advisory committee, which shall meet monthly to recommend
   92  agency action on variance requests. The committee shall make its
   93  recommendations on variance requests at the meeting in which the
   94  application is scheduled for consideration, except for an
   95  extraordinary change in circumstances, the receipt of new
   96  information that raises new issues, or when the applicant
   97  requests an extension. The committee shall consider the criteria
   98  in subparagraph 1. in its recommended agency action on variance
   99  requests and shall also strive to allow property owners the full
  100  use of their land where possible.
  101         a. The committee is composed consists of the following:
  102         (I)a. The Secretary of Environmental Protection or his or
  103  her designee.
  104         (II)b. A representative from the county health departments.
  105         (III)c. A representative from the home building industry
  106  recommended by the Florida Home Builders Association.
  107         (IV)d. A representative from the septic tank industry
  108  recommended by the Florida Onsite Wastewater Association.
  109         (V)e. A representative from the Department of Health.
  110         (VI)f. A representative from the real estate industry who
  111  is also a developer in this state who develops lots using onsite
  112  sewage treatment and disposal systems, recommended by the
  113  Florida Association of Realtors.
  114         (VII)g. A representative from the engineering profession
  115  recommended by the Florida Engineering Society.
  116         b. Members shall be appointed for a term of 3 years, with
  117  such appointments being staggered so that the terms of no more
  118  than two members expire in any one year. Members shall serve
  119  without remuneration, but if requested, shall be reimbursed for
  120  per diem and travel expenses as provided in s. 112.061.
  121         3. The variance review and advisory committee is not
  122  responsible for reviewing water well permitting. However, the
  123  committee shall consider all requirements of law related to
  124  onsite sewage treatment and disposal systems when making
  125  recommendations on variance requests for onsite sewage treatment
  126  and disposal system permits.
  128  ================= T I T L E  A M E N D M E N T ================
  129  And the title is amended as follows:
  130         Delete lines 17 - 26
  131  and insert:
  132         amending s. 381.0065, F.S.; providing that the
  133         Department of Environmental Protection’s variance
  134         review and advisory committee is not responsible for
  135         reviewing water well permitting; requiring the
  136         committee to consider certain requirements when making
  137         recommendations on variance requests for onsite sewage
  138         treatment and disposal system permits; making
  139         technical changes;