Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. HB 13
       
       
       
       
       
       
                                Barcode 452156                          
       
                              LEGISLATIVE ACTION                        
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (1), (5), and (6) of section
    6  381.0065, Florida Statues, as amended by chapter 2010-283, Laws
    7  of Florida, are amended, present paragraphs (b) through (p) of
    8  subsection (2) of that section are redesignated as paragraphs
    9  (c) through (q), respectively, a new paragraph (b) is added to
   10  that subsection, and paragraphs (w), (x), (y), and (z) are added
   11  to subsection (4) of that section, to read:
   12         381.0065 Onsite sewage treatment and disposal systems;
   13  regulation.—
   14         (1) LEGISLATIVE INTENT.—
   15         (a) It is the intent of the Legislature that proper
   16  management of onsite sewage treatment and disposal systems is
   17  paramount to the health, safety, and welfare of the public. It
   18  is further the intent of the Legislature that the department
   19  shall administer an evaluation program to ensure the operational
   20  condition of the system and identify any failure with the
   21  system.
   22         (b) It is the intent of the Legislature that where a
   23  publicly owned or investor-owned sewerage system is not
   24  available, the department shall issue permits for the
   25  construction, installation, modification, abandonment, or repair
   26  of onsite sewage treatment and disposal systems under conditions
   27  as described in this section and rules adopted under this
   28  section. It is further the intent of the Legislature that the
   29  installation and use of onsite sewage treatment and disposal
   30  systems not adversely affect the public health or significantly
   31  degrade the groundwater or surface water.
   32         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   33  term:
   34         (b) “Bedroom” means a room that can be used for sleeping
   35  and that, for site-built dwellings, has a minimum 70 square feet
   36  of conditioned space, or, for manufactured homes is constructed
   37  to HUD standards, has a minimum square footage of 50 square feet
   38  of floor area, is located along an exterior wall, has a closet
   39  and a door or an entrance where a door could be reasonably
   40  installed, and has an emergency means of escape and rescue
   41  opening to the outside. A room may not be considered a bedroom
   42  if it is used to access another room, unless the room that is
   43  accessed is a bathroom or closet and does not include a hallway,
   44  bathroom, kitchen, living room, family room, dining room, den,
   45  breakfast nook, pantry, laundry room, sunroom, recreation room,
   46  media/video room, or exercise room. For the purpose of
   47  determining system capacity, occupancy is calculated at a
   48  maximum of two persons per bedroom.
   49         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   50  construct, repair, modify, abandon, or operate an onsite sewage
   51  treatment and disposal system without first obtaining a permit
   52  approved by the department. The department may issue permits to
   53  carry out this section, but shall not make the issuance of such
   54  permits contingent upon prior approval by the Department of
   55  Environmental Protection, except that the issuance of a permit
   56  for work seaward of the coastal construction control line
   57  established under s. 161.053 shall be contingent upon receipt of
   58  any required coastal construction control line permit from the
   59  Department of Environmental Protection. A construction permit is
   60  valid for 18 months from the issuance date and may be extended
   61  by the department for one 90-day period under rules adopted by
   62  the department. A repair permit is valid for 90 days from the
   63  date of issuance. An operating permit must be obtained prior to
   64  the use of any aerobic treatment unit or if the establishment
   65  generates commercial waste. Buildings or establishments that use
   66  an aerobic treatment unit or generate commercial waste shall be
   67  inspected by the department at least annually to assure
   68  compliance with the terms of the operating permit. The operating
   69  permit for a commercial wastewater system is valid for 1 year
   70  from the date of issuance and must be renewed annually. The
   71  operating permit for an aerobic treatment unit is valid for 2
   72  years from the date of issuance and must be renewed every 2
   73  years. If all information pertaining to the siting, location,
   74  and installation conditions or repair of an onsite sewage
   75  treatment and disposal system remains the same, a construction
   76  or repair permit for the onsite sewage treatment and disposal
   77  system may be transferred to another person, if the transferee
   78  files, within 60 days after the transfer of ownership, an
   79  amended application providing all corrected information and
   80  proof of ownership of the property. There is no fee associated
   81  with the processing of this supplemental information. A person
   82  may not contract to construct, modify, alter, repair, service,
   83  abandon, or maintain any portion of an onsite sewage treatment
   84  and disposal system without being registered under part III of
   85  chapter 489. A property owner who personally performs
   86  construction, maintenance, or repairs to a system serving his or
   87  her own owner-occupied single-family residence is exempt from
   88  registration requirements for performing such construction,
   89  maintenance, or repairs on that residence, but is subject to all
   90  permitting requirements. A municipality or political subdivision
   91  of the state may not issue a building or plumbing permit for any
   92  building that requires the use of an onsite sewage treatment and
   93  disposal system unless the owner or builder has received a
   94  construction permit for such system from the department. A
   95  building or structure may not be occupied and a municipality,
   96  political subdivision, or any state or federal agency may not
   97  authorize occupancy until the department approves the final
   98  installation of the onsite sewage treatment and disposal system.
   99  A municipality or political subdivision of the state may not
  100  approve any change in occupancy or tenancy of a building that
  101  uses an onsite sewage treatment and disposal system until the
  102  department has reviewed the use of the system with the proposed
  103  change, approved the change, and amended the operating permit.
  104         (w) Any permit issued and approved by the department for
  105  the installation, modification, or repair of an onsite sewage
  106  treatment and disposal system shall transfer with the title to
  107  the property. A title is not encumbered at the time of transfer
  108  by new permit requirements by a governmental entity for an
  109  onsite sewage treatment and disposal system which differ from
  110  the permitting requirements in effect at the time the system was
  111  permitted, modified, or repaired.
  112         (x) An onsite sewage treatment and disposal system is not
  113  considered abandoned if the properly functioning onsite sewage
  114  treatment and disposal system is disconnected from a structure
  115  that was made unusable or destroyed following a disaster and the
  116  system was not adversely affected by the disaster. The onsite
  117  system may be reconnected to a rebuilt structure if:
  118         1. The reconnection of the onsite sewage treatment and
  119  disposal system is to the same type and approximate size of
  120  rebuilt structure that existed prior to the disaster;
  121         2. The onsite sewage treatment and disposal system is not a
  122  sanitary nuisance; and
  123         3. The onsite sewage treatment and disposal system has not
  124  been altered without prior authorization.
  125  
  126  An onsite sewage treatment and disposal system that serves a
  127  property that is foreclosed upon is not an abandoned system.
  128         (y) If an onsite sewage treatment and disposal system
  129  permittee receives, relies upon, and undertakes construction of
  130  a system based upon a validly issued construction permit under
  131  rules applicable at the time of construction, but a change to a
  132  rule occurs after the approval of the system for construction
  133  but before the final approval of the system, the rules
  134  applicable and in effect at the time of construction approval
  135  apply at the time of final approval if fundamental site
  136  conditions have not changed between the time of construction
  137  approval and final approval.
  138         (z) A modification, replacement, or upgrade of an onsite
  139  sewage treatment and disposal system is not required for a
  140  remodeling addition to a single-family home if a bedroom is not
  141  added.
  142         (5) EVALUATION AND ASSESSMENT.—
  143         (a) Beginning July 1, 2011, the department shall administer
  144  an onsite sewage treatment and disposal system evaluation
  145  program for the purpose of assessing the fundamental operational
  146  condition of systems and identifying any failures within the
  147  systems. The department shall adopt rules implementing the
  148  program standards, procedures, and requirements, including, but
  149  not limited to, a schedule for a 5-year evaluation cycle,
  150  requirements for the pump-out of a system or repair of a failing
  151  system, enforcement procedures for failure of a system owner to
  152  obtain an evaluation of the system, and failure of a contractor
  153  to timely submit evaluation results to the department and the
  154  system owner. The department shall ensure statewide
  155  implementation of the evaluation and assessment program by
  156  January 1, 2016.
  157         (b) Owners of an onsite sewage treatment and disposal
  158  system, excluding a system that is required to obtain an
  159  operating permit, shall have the system evaluated at least once
  160  every 5 years to assess the fundamental operational condition of
  161  the system, and identify any failure within the system.
  162         (c) All evaluation procedures must be documented and
  163  nothing in this subsection limits the amount of detail an
  164  evaluator may provide at his or her professional discretion. The
  165  evaluation must include a tank and drainfield evaluation, a
  166  written assessment of the condition of the system, and, if
  167  necessary, a disclosure statement pursuant to the department’s
  168  procedure.
  169         (d)1. Systems being evaluated that were installed prior to
  170  January 1, 1983, shall meet a minimum 6-inch separation from the
  171  bottom of the drainfield to the wettest season water table
  172  elevation as defined by department rule. All drainfield repairs,
  173  replacements or modifications to systems installed prior to
  174  January 1, 1983, shall meet a minimum 12-inch separation from
  175  the bottom of the drainfield to the wettest season water table
  176  elevation as defined by department rule.
  177         2. Systems being evaluated that were installed on or after
  178  January 1, 1983, shall meet a minimum 12-inch separation from
  179  the bottom of the drainfield to the wettest season water table
  180  elevation as defined by department rule. All drainfield repairs,
  181  replacements or modification to systems developed on or after
  182  January 1, 1983, shall meet a minimum 24-inch separation from
  183  the bottom of the drainfield to the wettest season water table
  184  elevation.
  185         (e) If documentation of a tank pump-out or a permitted new
  186  installation, repair, or modification of the system within the
  187  previous 5 years is provided, and states the capacity of the
  188  tank and indicates that the condition of the tank is not a
  189  sanitary or public health nuisance pursuant to department rule,
  190  a pump-out of the system is not required.
  191         (f) Owners are responsible for paying the cost of any
  192  required pump-out, repair, or replacement pursuant to department
  193  rule, and may not request partial evaluation or the omission of
  194  portions of the evaluation.
  195         (g) Each evaluation or pump-out required under this
  196  subsection must be performed by a septic tank contractor or
  197  master septic tank contractor registered under part III of
  198  chapter 489, a professional engineer with wastewater treatment
  199  system experience licensed pursuant to chapter 471, or an
  200  environmental health professional certified under chapter 381 in
  201  the area of onsite sewage treatment and disposal system
  202  evaluation.
  203         (h) The evaluation report fee collected pursuant to s.
  204  381.0066(2)(b) shall be remitted to the department by the
  205  evaluator at the time the report is submitted.
  206         (i) Prior to any evaluation deadline, the department must
  207  provide a minimum of 60 days’ notice to owners that their
  208  systems must be evaluated by that deadline. The department may
  209  include a copy of any homeowner educational materials developed
  210  pursuant to this section which provides information on the
  211  proper maintenance of onsite sewage treatment and disposal
  212  systems.
  213         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  214         (a) Department personnel who have reason to believe
  215  noncompliance exists, may at any reasonable time, enter the
  216  premises permitted under ss. 381.0065-381.0066, or the business
  217  premises of any septic tank contractor or master septic tank
  218  contractor registered under part III of chapter 489, or any
  219  premises that the department has reason to believe is being
  220  operated or maintained not in compliance, to determine
  221  compliance with the provisions of this section, part I of
  222  chapter 386, or part III of chapter 489 or rules or standards
  223  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  224  part III of chapter 489. As used in this paragraph, the term
  225  “premises” does not include a residence or private building. To
  226  gain entry to a residence or private building, the department
  227  must obtain permission from the owner or occupant or secure an
  228  inspection warrant from a court of competent jurisdiction.
  229         (b)1. The department may issue citations that may contain
  230  an order of correction or an order to pay a fine, or both, for
  231  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  232  part III of chapter 489 or the rules adopted by the department,
  233  when a violation of these sections or rules is enforceable by an
  234  administrative or civil remedy, or when a violation of these
  235  sections or rules is a misdemeanor of the second degree. A
  236  citation issued under ss. 381.0065-381.0067, part I of chapter
  237  386, or part III of chapter 489 constitutes a notice of proposed
  238  agency action.
  239         2. A citation must be in writing and must describe the
  240  particular nature of the violation, including specific reference
  241  to the provisions of law or rule allegedly violated.
  242         3. The fines imposed by a citation issued by the department
  243  may not exceed $500 for each violation. Each day the violation
  244  exists constitutes a separate violation for which a citation may
  245  be issued.
  246         4. The department shall inform the recipient, by written
  247  notice pursuant to ss. 120.569 and 120.57, of the right to an
  248  administrative hearing to contest the citation within 21 days
  249  after the date the citation is received. The citation must
  250  contain a conspicuous statement that if the recipient fails to
  251  pay the fine within the time allowed, or fails to appear to
  252  contest the citation after having requested a hearing, the
  253  recipient has waived the recipient’s right to contest the
  254  citation and must pay an amount up to the maximum fine.
  255         5. The department may reduce or waive the fine imposed by
  256  the citation. In determining whether to reduce or waive the
  257  fine, the department must consider the gravity of the violation,
  258  the person’s attempts at correcting the violation, and the
  259  person’s history of previous violations including violations for
  260  which enforcement actions were taken under ss. 381.0065
  261  381.0067, part I of chapter 386, part III of chapter 489, or
  262  other provisions of law or rule.
  263         6. Any person who willfully refuses to sign and accept a
  264  citation issued by the department commits a misdemeanor of the
  265  second degree, punishable as provided in s. 775.082 or s.
  266  775.083.
  267         7. The department, pursuant to ss. 381.0065-381.0067, part
  268  I of chapter 386, or part III of chapter 489, shall deposit any
  269  fines it collects in the county health department trust fund for
  270  use in providing services specified in those sections.
  271         8. This section provides an alternative means of enforcing
  272  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  273  chapter 489. This section does not prohibit the department from
  274  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  275  III of chapter 489, or its rules, by any other means. However,
  276  the department must elect to use only a single method of
  277  enforcement for each violation.
  278         Section 2. Section 381.00651, Florida Statutes, is created
  279  to read:
  280         381.00651 Periodic evaluation and assessment of onsite
  281  sewage treatment and disposal systems.—
  282         (1) Effective January 1, 2012, any county or municipality
  283  that has not adopted an onsite sewage treatment and disposal
  284  system evaluation and assessment program, or that does not opt
  285  out of this section, shall adopt by ordinance a local onsite
  286  sewage treatment and disposal system evaluation and assessment
  287  program within all or part of the geographic area within its
  288  jurisdiction which meets the requirements of this section. Any
  289  county or municipality that has adopted such a program before
  290  July 1, 2011, may continue to enforce its program and is not
  291  required to comply with the requirements of this section so long
  292  as its program remains in effect. Any county or municipality
  293  that does not opt out of this section shall notify the Secretary
  294  of State by letter of the adoption of the ordinance pursuant to
  295  this section. By a majority of the local elected body, a county
  296  or municipality may opt out of the requirements of this section
  297  at any time before January 1, 2012, by adopting a separate
  298  resolution. The resolution shall be directed to and filed with
  299  the Secretary of State and shall state the intent of the county
  300  or municipality not to adopt an onsite sewage treatment and
  301  disposal system evaluation and assessment program. Absent an
  302  interlocal agreement or county charter provision to the
  303  contrary, a municipality may elect to opt out of the
  304  requirements of this section notwithstanding the decision of the
  305  county in which it is located. A county or municipality may
  306  subsequently adopt an ordinance imposing an onsite sewage
  307  treatment and disposal system evaluation and assessment program
  308  if the program meets the requirements of this section. A county
  309  or municipality may repeal an ordinance adopted pursuant to this
  310  section if the county or municipality notifies the Secretary of
  311  State by letter of the repeal. A county identified as having a
  312  first magnitude spring within its boundaries is prohibited from
  313  opting out of this section, but the county may apply its
  314  ordinance within all or part of its geographic area. This
  315  section sets forth the uniform procedure for local governments
  316  to follow in establishing an onsite sewage treatment and
  317  disposal system evaluation and assessment program. Except as
  318  otherwise provided in this section, a local ordinance may not
  319  deviate from or exceed the substantive requirements of the
  320  evaluation and assessment program as provided in this section.
  321  This section does not derogate or limit county and municipal
  322  home rule authority to act outside the scope of this program and
  323  does not repeal or affect any other law that may relate to the
  324  subject matter in this section. This section does not prohibit
  325  counties and municipalities from enforcing existing ordinances
  326  or adopting new ordinances relating to onsite sewage treatment
  327  facilities to address public health and safety or from adopting
  328  local environmental and pollution abatement measures for water
  329  quality improvement consistent with and provided for by law if
  330  such ordinances do not alter the prescriptive requirements or
  331  limitations within the evaluation and assessment program as
  332  provided in this section. This subsection is not intended to
  333  alter the ability of a local government to exercise its
  334  independent and existing authority to meet the requirements of
  335  s. 381.00655. The evaluation and assessment program ordinance
  336  shall provide the following:
  337         (a) Evaluations.—An evaluation of any septic tank within
  338  all or part of the county’s or municipality’s jurisdiction must
  339  take place once every 5 years to assess the fundamental
  340  operational condition of the system and to identify system
  341  failures. The ordinance may not mandate an evaluation at the
  342  point of sale in a real estate transaction and may not require a
  343  soil examination. The location of the system shall be
  344  identified. A tank and drainfield evaluation and a written
  345  assessment of the overall condition of the system pursuant to
  346  the assessment procedure prescribed in paragraph (2)(d) are
  347  required.
  348         (b) Qualified contractors.—Each evaluation required under
  349  this subsection must be performed by a septic tank contractor or
  350  master septic tank contractor registered under part III of
  351  chapter 489, a professional engineer having wastewater treatment
  352  system experience and licensed pursuant to chapter 471, or an
  353  environmental health professional certified under this chapter
  354  in the area of onsite sewage treatment and disposal system
  355  evaluation. Evaluations and pump outs may also be performed by
  356  an authorized employee working under the supervision of the
  357  individuals listed in this paragraph; however, all evaluation
  358  forms must be written or electronically signed by a qualified
  359  contractor.
  360         (c) Repair of systems.—The local ordinance may not require
  361  a repair, modification, or replacement of a system as a result
  362  of an evaluation unless the evaluation identifies a system
  363  failure. For purposes of this subsection, the term “system
  364  failure” is defined as a condition existing within an onsite
  365  sewage treatment and disposal system which results in the
  366  discharge of untreated or partially treated wastewater onto the
  367  ground surface or into surface water, or which results in a
  368  sanitary nuisance caused by the failure of building plumbing to
  369  discharge properly. A system is not in failure if it does not
  370  have a minimum separation distance between the bottom of the
  371  drainfield and the wettest season water table, or if an
  372  obstruction in a sanitary line or an effluent screen or filter
  373  prevents effluent from flowing into a drainfield. If a system
  374  failure is identified and several permittable remedial options
  375  are available to cure the failure, the homeowner may select the
  376  least costly permittable remedial measure. There may be
  377  instances in which a pump out is sufficient to resolve a system
  378  failure. Remedial measures to resolve a system failure must be
  379  limited to what is necessary to resolve the failure, but must
  380  otherwise meet, to the maximum extent practicable, the
  381  requirements of the repair code in effect at the time of the
  382  repair, provided the exceptions contained in s. 381.0065(4)(g)
  383  relating to soil condition, water table elevation, distance, and
  384  other setback requirements apply. For purposes of this section,
  385  an engineer-designed performance system to reduce nutrients may
  386  not be required as an alternative remediation measure to resolve
  387  the failure of a conventional system.
  388         (d) Exemptions.—The local ordinance shall exempt from the
  389  evaluation requirements any system that is required to obtain an
  390  operating permit pursuant to state law or that is inspected by
  391  the department pursuant to the annual permit inspection
  392  requirements of chapter 513. The local ordinance may also
  393  provide for an exemption or an extension of time to obtain an
  394  evaluation and assessment where sewer service is available,
  395  connection is imminent, and written arrangements for payment of
  396  any utility assessments or connection fees have been made by a
  397  septic tank owner.
  398         (2) The following procedures shall be used for conducting
  399  evaluations:
  400         (a) Tank evaluation.—The tank evaluation shall assess the
  401  apparent structural condition and water tightness of the tank
  402  and shall estimate the size of the tank. The evaluation must
  403  include a pump out. However, an ordinance may not require a pump
  404  out if there is documentation that a tank pump out or a
  405  permitted new installation, repair, or modification of the
  406  system has occurred within the previous 5 years, and that
  407  identifies the capacity of the tank and indicates that the
  408  condition of the tank is structurally sound and watertight.
  409  Visual inspection of the tank must be made when the tank is
  410  empty to detect cracks, leaks, or other defects. Baffles or tees
  411  must be checked to ensure that they are intact and secure. The
  412  evaluation shall note the presence and condition of outlet
  413  devices, effluent filters, and compartment walls; any structural
  414  defect in the tank; and the condition and fit of the tank lid,
  415  including manholes. If the tank, in the opinion of the qualified
  416  contractor, is in danger of being damaged by leaving the tank
  417  empty after inspection, the tank shall be refilled before
  418  concluding the inspection. Broken or damaged lids or manholes
  419  shall be replaced but do not require a repair permit.
  420         (b) Drainfield evaluation.—The drainfield evaluation must
  421  include a determination of the approximate size and location of
  422  the drainfield. The evaluation shall state the condition of
  423  surface vegetation, identify whether there is any sewage or
  424  effluent visible on the ground or discharging to a ditch or
  425  other water body, and identify the location of any downspout or
  426  other source of water near or in the vicinity of the drainfield.
  427         (c) Special circumstances.—If the system contains pumps,
  428  siphons, or alarms, the following information must be provided:
  429         1. An assessment of dosing tank integrity, including the
  430  approximate volume and the type of material used in
  431  construction;
  432         2. Whether the pump is elevated off of the bottom of the
  433  chamber and its operational status;
  434         3. Whether there are a check valve and purge hole; whether
  435  there is a high-water alarm, including whether the type of alarm
  436  is audio or visual or both, the location of the alarm, and its
  437  operational condition; and whether electrical connections appear
  438  satisfactory; and
  439         4. Whether surface water can infiltrate into the tank and
  440  whether the tank was pumped out.
  441         (d) Assessment procedure.—All evaluation procedures used by
  442  a qualified contractor shall be documented. The qualified
  443  contractor shall provide a copy of a written, signed evaluation
  444  report to the property owner upon completion of the evaluation
  445  and to the county health department within 30 days after the
  446  evaluation. The report shall contain the name and license number
  447  of the company providing the report. A copy of the evaluation
  448  report shall be retained by the local county health department
  449  for a minimum of 5 years until a subsequent inspection report is
  450  filed. The front cover of the report must identify any system
  451  failure and include a clear and conspicuous notice to the owner
  452  that the owner has a right to have any remediation of the
  453  failure performed by a qualified contractor other than the
  454  contractor performing the evaluation. The report must further
  455  identify any crack, leak, improper fit, or other defect in the
  456  tank, manhole, or lid, and any other damaged or missing
  457  component; any sewage or effluent visible on the ground or
  458  discharging to a ditch or other surface water body; any
  459  downspout, stormwater, or other source of water directed onto or
  460  toward the system; and any other maintenance need or condition
  461  of the system at the time of the evaluation which, in the
  462  opinion of the qualified contractor, would possibly interfere
  463  with or restrict any future repair or modification to the
  464  existing system. The report shall conclude with an overall
  465  assessment of the fundamental operational condition of the
  466  system.
  467         (3) It shall be the responsibility of the county health
  468  department to administer any evaluation program on behalf of a
  469  county, or a local government within the county, which has
  470  adopted an evaluation program pursuant to this section. In order
  471  to administer the evaluation program, a local government, in
  472  consultation with the county health department, may develop a
  473  reasonable fee schedule to be used solely to pay for the costs
  474  of administering the evaluation program. Such fee schedule shall
  475  be identified in the local ordinance that adopts the evaluation
  476  program. When arriving at a reasonable fee schedule, the
  477  estimated annual revenues to be derived from fees may not exceed
  478  reasonable estimated annual costs of the program. Fees shall be
  479  assessed to the septic tank owner during an inspection and
  480  separately identified on the invoice of the qualified
  481  contractor. Fees shall be remitted by the qualified contractor
  482  to the county health department. The county health department’s
  483  administrative responsibilities include the following:
  484         (a) Providing a notice to the septic tank owner at least 60
  485  days before the septic tank is due for an evaluation. The notice
  486  may include information on the proper maintenance of onsite
  487  sewage treatment and disposal systems.
  488         (b) In consultation with the Department of Health,
  489  providing uniform disciplinary procedures and penalties for
  490  qualified contractors who do not comply with the requirements of
  491  the adopted ordinance, including, but not limited to, failure to
  492  provide the evaluation report as required in this subsection to
  493  the septic tank owner and the county health department. The
  494  county health department may also assess penalties against
  495  septic tank owners for failure to comply with the adopted
  496  ordinance, consistent with existing requirements of law.
  497         (c) Developing its own database and tracking systems to
  498  encompass evaluation programs adopted by the county or
  499  municipalities within its jurisdiction. The database shall also
  500  be used to collect, store, and index information obtained from
  501  the evaluation reports filed by each qualified contractor with
  502  the county health department. The tracking system must include
  503  the ability to collect and store:
  504         1. The description, addresses, or locations of the onsite
  505  systems;
  506         2. An inventory of the number of onsite systems within the
  507  local jurisdiction;
  508         3. The total number and types of system failures; and
  509         4. Any other trends deemed relevant by the county health
  510  department resulting from an assessment and evaluation of the
  511  overall condition of systems.
  512  
  513  The tracking system may be Internet-based and may be designed to
  514  be used by contractors to report all service and evaluation
  515  events and by the county health department to notify homeowners
  516  when evaluations are due. Data and information shall be recorded
  517  and updated as service and evaluations are conducted and
  518  reported.
  519         (4) A county or municipality that adopts an onsite sewage
  520  treatment and disposal system evaluation and assessment program
  521  pursuant to this section shall notify the Secretary of
  522  Environmental Protection, the Department of Health, and the
  523  applicable county health department upon the adoption of an
  524  ordinance. The Department of Environmental Protection shall,
  525  within existing resources and upon receipt of such notice,
  526  notify the county or municipality of the potential use of, and
  527  access to, program funds under the Clean Water State Revolving
  528  Fund or s. 319 of the Clean Water Act. Upon request by a county
  529  or municipality, the Department of Environmental Protection
  530  shall provide guidance in the application process to receive
  531  moneys under the Clean Water State Revolving Fund or s. 319 of
  532  the Clean Water Act. The Department of Environmental Protection
  533  shall also, within existing resources and upon request by a
  534  county or municipality, provide advice and technical assistance
  535  to the county or municipality on how to establish a low-interest
  536  revolving loan program or how to model a revolving loan program
  537  after the low-interest loan program of the Clean Water State
  538  Revolving Fund. This subsection does not obligate the Department
  539  of Environmental Protection to provide any money to fund such
  540  programs.
  541         (5) The Department of Health may not adopt any rule that
  542  alters or has the effect of altering the onsite sewage treatment
  543  and disposal system evaluation and assessment program as set
  544  forth in this section.
  545         Section 3. Section 381.00656, Florida Statutes, is
  546  repealed.
  547         Section 4. Subsection (2) of section 381.0066, Florida
  548  Statutes, is amended to read:
  549         381.0066 Onsite sewage treatment and disposal systems;
  550  fees.—
  551         (2) The minimum fees in the following fee schedule apply
  552  until changed by rule by the department within the following
  553  limits:
  554         (a) Application review, permit issuance, or system
  555  inspection, including repair of a subsurface, mound, filled, or
  556  other alternative system or permitting of an abandoned system: a
  557  fee of not less than $25, or more than $125.
  558         (b) A 5-year evaluation report submitted pursuant to s.
  559  381.0065(5): a fee not less than $15, or more than $30. At least
  560  $1 and no more than $5 collected pursuant to this paragraph
  561  shall be used to fund a grant program established under s.
  562  381.00656.
  563         (b)(c) Site evaluation, site reevaluation, evaluation of a
  564  system previously in use, or a per annum septage disposal site
  565  evaluation: a fee of not less than $40, or more than $115.
  566         (c)(d) Biennial Operating permit for aerobic treatment
  567  units or performance-based treatment systems: a fee of not more
  568  than $100.
  569         (d)(e) Annual operating permit for systems located in areas
  570  zoned for industrial manufacturing or equivalent uses or where
  571  the system is expected to receive wastewater which is not
  572  domestic in nature: a fee of not less than $150, or more than
  573  $300.
  574         (e)(f) Innovative technology: a fee not to exceed $25,000.
  575         (f)(g) Septage disposal service, septage stabilization
  576  facility, portable or temporary toilet service, tank
  577  manufacturer inspection: a fee of not less than $25, or more
  578  than $200, per year.
  579         (g)(h) Application for variance: a fee of not less than
  580  $150, or more than $300.
  581         (h)(i) Annual operating permit for waterless, incinerating,
  582  or organic waste composting toilets: a fee of not less than $15
  583  $50, or more than $30 $150.
  584         (i)(j) Aerobic treatment unit or performance-based
  585  treatment system maintenance entity permit: a fee of not less
  586  than $25, or more than $150, per year.
  587         (j)(k) Reinspection fee per visit for site inspection after
  588  system construction approval or for noncompliant system
  589  installation per site visit: a fee of not less than $25, or more
  590  than $100.
  591         (k)(l) Research: An additional $5 fee shall be added to
  592  each new system construction permit issued to be used to fund
  593  onsite sewage treatment and disposal system research,
  594  demonstration, and training projects. Five dollars from any
  595  repair permit fee collected under this section shall be used for
  596  funding the hands-on training centers described in s.
  597  381.0065(3)(j).
  598         (l)(m) Annual operating permit, including annual inspection
  599  and any required sampling and laboratory analysis of effluent,
  600  for an engineer-designed performance-based system: a fee of not
  601  less than $150, or more than $300.
  602  
  603  On or before January 1, 2011, the Surgeon General, after
  604  consultation with the Revenue Estimating Conference, shall
  605  determine a revenue neutral fee schedule for services provided
  606  pursuant to s. 381.0065(5) within the parameters set in
  607  paragraph (b). Such determination is not subject to the
  608  provisions of chapter 120. The funds collected pursuant to this
  609  subsection must be deposited in a trust fund administered by the
  610  department, to be used for the purposes stated in this section
  611  and ss. 381.0065 and 381.00655.
  612         Section 5. This act shall take effect upon becoming a law.
  613  
  614  ================= T I T L E  A M E N D M E N T ================
  615         And the title is amended as follows:
  616         Delete everything before the enacting clause
  617  and insert:
  618                        A bill to be entitled                      
  619         An act relating to onsite sewage treatment and
  620         disposal systems; amending s. 381.0065, F.S.; deleting
  621         legislative intent; defining the term “bedroom”;
  622         providing for any permit issued and approved by the
  623         Department of Health for the installation,
  624         modification, or repair of an onsite sewage treatment
  625         and disposal system to transfer with the title of the
  626         property; providing circumstances in which an onsite
  627         sewage treatment and disposal system is not considered
  628         abandoned; providing for the validity of an onsite
  629         sewage treatment and disposal system permit if rules
  630         change before final approval of the constructed
  631         system; providing that a system modification,
  632         replacement, or upgrade is not required unless a
  633         bedroom is added to a single-family home; deleting
  634         provisions requiring the Department of Health to
  635         administer an evaluation and assessment program of
  636         onsite sewage treatment and disposal systems and
  637         requiring property owners to have such systems
  638         evaluated at least once every 5 years; creating s.
  639         381.00651, F.S.; requiring a county or municipality to
  640         adopt by ordinance under certain circumstances the
  641         program for the periodic evaluation and assessment of
  642         onsite sewage treatment and disposal systems;
  643         providing conditions; requiring the county or
  644         municipality to notify the Secretary of State of the
  645         ordinance; authorizing a county or municipality, in
  646         specified circumstances, to opt out of certain
  647         requirements by a specified date; prohibiting a county
  648         having a first magnitude spring from opting out of the
  649         provisions of the act; authorizing a county or
  650         municipality to adopt or repeal, after a specified
  651         date, an ordinance creating an evaluation and
  652         assessment program; providing criteria for
  653         evaluations, qualified contractors, repair of systems,
  654         exemptions, and notifications; requiring that certain
  655         procedures be used for conducting tank and drainfield
  656         evaluations; providing for certain procedures in
  657         special circumstances; providing for assessment
  658         procedures; requiring the county or municipality to
  659         develop a system for tracking the evaluations;
  660         providing criteria; requiring counties and
  661         municipalities to notify the Secretary of
  662         Environmental Protection that an evaluation program
  663         ordinance is adopted; requiring the department to
  664         notify those counties or municipalities of the use of,
  665         and access to, certain state and federal program
  666         funds; requiring that the department provide certain
  667         guidance and technical assistance to a county or
  668         municipality upon request; prohibiting the Department
  669         of Health from adopting any rule that alters the
  670         effect of the onsite sewage treatment and disposal
  671         system evaluation and assessment program; repealing s.
  672         381.00656, F.S., relating to a grant program for the
  673         repair of onsite sewage treatment disposal systems;
  674         amending s. 381.0066, F.S.; lowering the fees imposed
  675         by the department for evaluation reports; providing an
  676         effective date.