Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1698
       
       
       
       
       
       
                                Barcode 277802                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/28/2011           .                                
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       The Committee on Health Regulation (Latvala) recommended the
       following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 86 and 87
    4  insert:
    5         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
    6  term:
    7         (b) “Bedroom” means a room that can be used for sleeping
    8  which, for site-built dwellings, has a minimum 70 square feet of
    9  conditioned space, or, for manufactured homes constructed to HUD
   10  standards, has a minimum square footage of 50 square feet of
   11  floor area and is located along an exterior wall, has a closet
   12  and a door or an entrance where a door could be reasonably
   13  installed, and an emergency means of escape and rescue opening
   14  to the outside. A room may not be considered a bedroom if it is
   15  used to access another room, unless the room that is accessed is
   16  a bathroom or closet and does not include a hallway, bathroom,
   17  kitchen, living room, family room, dining room, den, breakfast
   18  nook, pantry, laundry room, sunroom, recreation room,
   19  media/video room, or exercise room. For the purpose of
   20  determining system capacity, occupancy is calculated at a
   21  maximum of two persons per bedroom.
   22         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
   23  construct, repair, modify, abandon, or operate an onsite sewage
   24  treatment and disposal system without first obtaining a permit
   25  approved by the department. The department may issue permits to
   26  carry out this section, but shall not make the issuance of such
   27  permits contingent upon prior approval by the Department of
   28  Environmental Protection, except that the issuance of a permit
   29  for work seaward of the coastal construction control line
   30  established under s. 161.053 shall be contingent upon receipt of
   31  any required coastal construction control line permit from the
   32  Department of Environmental Protection. A construction permit is
   33  valid for 18 months from the issuance date and may be extended
   34  by the department for one 90-day period under rules adopted by
   35  the department. A repair permit is valid for 90 days from the
   36  date of issuance. An operating permit must be obtained prior to
   37  the use of any aerobic treatment unit or if the establishment
   38  generates commercial waste. Buildings or establishments that use
   39  an aerobic treatment unit or generate commercial waste shall be
   40  inspected by the department at least annually to assure
   41  compliance with the terms of the operating permit. The operating
   42  permit for a commercial wastewater system is valid for 1 year
   43  from the date of issuance and must be renewed annually. The
   44  operating permit for an aerobic treatment unit is valid for 2
   45  years from the date of issuance and must be renewed every 2
   46  years. If all information pertaining to the siting, location,
   47  and installation conditions or repair of an onsite sewage
   48  treatment and disposal system remains the same, a construction
   49  or repair permit for the onsite sewage treatment and disposal
   50  system may be transferred to another person, if the transferee
   51  files, within 60 days after the transfer of ownership, an
   52  amended application providing all corrected information and
   53  proof of ownership of the property. There is no fee associated
   54  with the processing of this supplemental information. A person
   55  may not contract to construct, modify, alter, repair, service,
   56  abandon, or maintain any portion of an onsite sewage treatment
   57  and disposal system without being registered under part III of
   58  chapter 489. A property owner who personally performs
   59  construction, maintenance, or repairs to a system serving his or
   60  her own owner-occupied single-family residence is exempt from
   61  registration requirements for performing such construction,
   62  maintenance, or repairs on that residence, but is subject to all
   63  permitting requirements. A municipality or political subdivision
   64  of the state may not issue a building or plumbing permit for any
   65  building that requires the use of an onsite sewage treatment and
   66  disposal system unless the owner or builder has received a
   67  construction permit for such system from the department. A
   68  building or structure may not be occupied and a municipality,
   69  political subdivision, or any state or federal agency may not
   70  authorize occupancy until the department approves the final
   71  installation of the onsite sewage treatment and disposal system.
   72  A municipality or political subdivision of the state may not
   73  approve any change in occupancy or tenancy of a building that
   74  uses an onsite sewage treatment and disposal system until the
   75  department has reviewed the use of the system with the proposed
   76  change, approved the change, and amended the operating permit.
   77         (w) Any permit issued and approved by the department for
   78  the installation, modification, or repair of an onsite sewage
   79  treatment and disposal system shall transfer with the title to
   80  the property. A title is not encumbered at the time of transfer
   81  by new permit requirements by a governmental entity for an
   82  onsite sewage treatment and disposal system which differ from
   83  the permitting requirements in effect at the time the system was
   84  permitted, modified, or repaired.
   85         (x) An onsite sewage treatment and disposal system is not
   86  considered abandoned if the properly functioning onsite sewage
   87  treatment and disposal system is disconnected from a structure
   88  that was made unusable or destroyed following a disaster and the
   89  system was not adversely affected by the disaster. The onsite
   90  system may be reconnected to a rebuilt structure if:
   91         1. The reconnection of the onsite sewage treatment and
   92  disposal system is to the same type and approximate size of
   93  rebuilt structure that existed prior to the disaster;
   94         2. The onsite sewage treatment and disposal system is not a
   95  sanitary nuisance; and
   96         3. The onsite sewage treatment and disposal system has not
   97  been altered without prior authorization.
   98  
   99  An onsite sewage treatment and disposal system that serves a
  100  property that is foreclosed upon is not an abandoned system.
  101         (y) If an onsite sewage treatment and disposal system
  102  permittee receives, relies upon, and undertakes construction of
  103  a system based upon a validly issued construction permit under
  104  rules applicable at the time of construction, but a change to a
  105  rule occurs after the approval of the system for construction
  106  but before the final approval of the system, the rules
  107  applicable and in effect at the time of construction approval
  108  apply at the time of final approval if fundamental site
  109  conditions have not changed between the time of construction
  110  approval and final approval.
  111         (z) A modification, replacement, or upgrade of an onsite
  112  sewage treatment and disposal system is not required for a
  113  remodeling addition to a single-family home if a bedroom is not
  114  added.
  115  
  116  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  117         And the directory clause is amended as follows:
  118         Delete lines 64 - 66
  119  and insert:
  120         Section 1. Subsection (1), (5), (6), and (7) of s.
  121  381.0065, Florida Statues, as amended by chapter 2010-283, Laws
  122  of Florida, are amended, present paragraphs (b) through (p) of
  123  subsection (2) of that section are redesignated as paragraphs
  124  (c) through (q), respectively, a new paragraph (b) is added to
  125  subsection (2), and paragraphs (w), (x), (y), and (z) are added
  126  to subsection (4) of that section, to read:
  127  
  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 line 4
  131  and insert:
  132         legislative intent; defining the term “bedroom”;
  133         providing for any permit issued and approved by the
  134         Department of Health for the installation,
  135         modification, or repair of an onsite sewage treatment
  136         and disposal system to transfer with the title of the
  137         property; providing circumstances in which an onsite
  138         sewage treatment and disposal system is not considered
  139         abandoned; providing for the validity of an onsite
  140         sewage treatment and disposal system permit if rules
  141         change before final approval of the constructed
  142         system; providing that a system modification,
  143         replacement, or upgrade is not required unless a
  144         bedroom is added to a single-family home; deleting
  145         provisions requiring the