CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  Representative(s) Alexander offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 381.0064, Florida Statutes, is

18  amended to read:

19         381.0064  Continuing education courses for persons

20  installing or servicing septic tanks.--

21         (1)  The Department of Health shall establish a program

22  for conduct continuing education which meets the purposes of

23  s. 381.0101, and s. 489.554 courses for pumpout operators,

24  environmental health specialists, and master plumbers who

25  install septic tanks or service septic tanks.  The course of

26  study required must consist of at least two 6-classroom-hour

27  courses of instruction a year regarding the public health and

28  environmental effects of onsite sewage treatment and disposal

29  systems and any other matters the department determines

30  desirable for the safe installation and use of onsite sewage

31  treatment and disposal systems.  The department may charge a

                                  1

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  fee to cover the cost of such program course of study;

 2  however, such fee must take into account any moneys collected

 3  under s. 381.0066 and appropriated to the department for the

 4  purpose of this section.

 5         (2)  The department shall by rule establish criteria

 6  for the approval of continuing education courses and

 7  providers, including requirements relating to the content of

 8  courses and standards for approval of providers, and may by

 9  rule establish criteria for accepting alternative nonclassroom

10  continuing education on an hour-for-hour basis. also approve

11  other continuing education courses for pumpout operators,

12  environmental health specialists, and master plumbers who

13  install septic tanks or service septic tanks, which courses

14  meet the purposes of this section and consist of at least two

15  6-classroom-hour courses of instruction a year.

16         (3)  Septic tank contractors and master septic tank

17  contractors registered under part III of chapter 489 shall

18  meet the continuing education requirements set forth in s.

19  489.554.

20         Section 2.  Paragraph (g) of subsection (4) of section

21  381.0065, Florida Statutes, is amended and paragraphs (r) and

22  (s) are added to that subsection to read:

23         381.0065  Onsite sewage treatment and disposal systems;

24  regulation.--

25         (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person

26  may not construct, repair, modify, abandon, or operate an

27  onsite sewage treatment and disposal system without first

28  obtaining a permit approved by the department. The department

29  may issue permits to carry out this section.  A construction

30  permit is valid for 18 months from the issuance date and may

31  be extended by the department for one 90-day period under

                                  2

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  rules adopted by the department.  A repair permit is valid for

 2  90 days from the date of issuance.  An operating permit is

 3  valid for 1 year from the date of issuance and must be renewed

 4  annually.  If all information pertaining to the siting,

 5  location, and installation conditions or repair of an onsite

 6  sewage treatment and disposal system remains the same, a

 7  construction or repair permit for the onsite sewage treatment

 8  and disposal system may be transferred to another person, if

 9  the transferee files, within 60 days after the transfer of

10  ownership, an amended application providing all corrected

11  information and proof of ownership of the property.  There is

12  no fee associated with the processing of this supplemental

13  information.  A person may not contract to construct, modify,

14  alter, repair, service, abandon, or maintain any portion of an

15  onsite sewage treatment and disposal system without being

16  registered under part III of chapter 489.  A property owner

17  who personally performs construction, maintenance, or repairs

18  to a system serving his or her own owner-occupied

19  single-family residence is exempt from registration

20  requirements for performing such construction, maintenance, or

21  repairs on that residence, but is subject to all permitting

22  requirements.

23         (g)1.  The department may grant variances in hardship

24  cases which may be less restrictive than the provisions

25  specified in this section.  If a variance is granted and the

26  onsite sewage treatment and disposal system construction

27  permit has been issued, the variance may be transferred with

28  the system construction permit, if the transferee files,

29  within 60 days after the transfer of ownership, an amended

30  construction permit application providing all corrected

31  information and proof of ownership of the property and if the

                                  3

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  same variance would have been required for the new owner of

 2  the property as was originally granted to the original

 3  applicant for the variance.  There is no fee associated with

 4  the processing of this supplemental information.  A variance

 5  may not be granted under this section until the department is

 6  satisfied that:

 7         a.  The hardship was not caused intentionally by the

 8  action of the applicant;

 9         b.  No reasonable alternative, taking into

10  consideration factors such as cost, exists for the treatment

11  of the sewage; and

12         c.  The discharge from the onsite sewage treatment and

13  disposal system will not adversely affect the health of the

14  applicant or the public or significantly degrade the

15  groundwater or surface waters.

16

17  Where soil conditions, water table elevation, and setback

18  provisions are determined by the department to be

19  satisfactory, special consideration must be given to those

20  lots platted before 1972.

21         2.  The department shall appoint and staff a variance

22  review and advisory committee, which shall meet monthly to

23  recommend agency action on variance requests. The committee

24  shall make its recommendations on variance requests at the

25  meeting in which the application is scheduled for

26  consideration, except for an extraordinary change in

27  circumstances, the receipt of new information that raises new

28  issues, or when the applicant requests an extension. The

29  committee shall consider the criteria in subparagraph 1. in

30  its recommended agency action on variance requests and shall

31  also strive to allow property owners the full use of their

                                  4

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  land where possible. The committee board consists of the

 2  following:

 3         a.  The Division Director for Environmental Health of

 4  the department or his or her designee.

 5         b.  A representative from the county health

 6  departments.

 7         c.  A representative from the home building industry

 8  recommended by the Florida Home Builders Association.

 9         d.  A representative from the septic tank industry

10  recommended by the Florida Septic Tank Association.

11         e.  A representative from the Department of

12  Environmental Protection.

13         f.  A representative from the real estate industry who

14  is also a developer in this state who develops lots using

15  onsite sewage treatment and disposal systems, recommended by

16  the Florida Association of Realtors.

17         g.  A representative from the engineering profession

18  recommended by the Florida Engineering Society.

19

20  Members shall be appointed for a term of 3 years, with such

21  appointments being staggered so that the terms of no more than

22  two members expire in any one year.  Members shall serve

23  without remuneration, but if requested, shall may be

24  reimbursed for per diem and travel expenses as provided in s.

25  112.061.

26         (r)  In the siting of onsite sewage treatment and

27  disposal systems, including drainfields, shoulders, and

28  slopes, guttering shall not be required on single-family

29  residential dwelling units for systems located greater than 5

30  feet from the roof drip line of the house.  If guttering is

31  used on residential dwelling units, the downspouts shall be

                                  5

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  directed away from the drainfield.

 2         (s)  Notwithstanding the provisions of subparagraph

 3  (f)1. of this subsection, onsite sewage treatment and disposal

 4  systems located in floodways of the Suwannee and Aucilla

 5  Rivers must adhere to the following requirements:

 6         1.  The absorption surface of the drainfield shall not

 7  be subject to flooding based on 10-year flood elevations.

 8  Provided, however, for lots or parcels created by the

 9  subdivision of land in accordance with applicable local

10  government regulations prior to January 17, 1990, if an

11  applicant cannot construct a drainfield system with the

12  absorption surface of the drainfield at an elevation equal to

13  or above 10-year flood elevation, the department shall issue a

14  permit for an onsite sewage treatment and disposal system

15  within the 10-year floodplain of rivers, streams and other

16  bodies of flowing water if all of the following criteria are

17  met:

18         a.  The lot is at least one-half acre in size;

19         b.  The bottom of the drainfield is at least 36 inches

20  above the 2-year flood elevation; and

21         c.  The applicant installs either:  a waterless,

22  incinerating, or organic waste composting toilet and a

23  graywater system and drainfield in accordance with department

24  rules; an aerobic treatment unit and drainfield in accordance

25  with department rules; a system approved by the State Health

26  Office that is capable of reducing effluent nitrate by at

27  least 50 percent; or a system approved by the county health

28  department pursuant to department rule other than a system

29  using alternative drainfield materials.  USDA Soil

30  Conservation Service soil maps, State of Florida Water

31  Management District data, and Federal Emergency Management

                                  6

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  Agency Flood Insurance maps are resources that shall be used

 2  to identify floor prone areas.

 3         2.  The use of fill or mounding to elevate a drainfield

 4  system out of the 10-year floodplain of rivers, streams, or

 5  other bodies of flowing water shall not be permitted if such a

 6  system lies within a regulatory floodway of the Suwannee and

 7  Aucilla Rivers.  In cases where the 10-year flood elevation

 8  does not coincide with the boundaries of the regulatory

 9  floodway, the regulatory floodway will be considered for the

10  purposes of this subsection to extend at a minimum to the

11  10-year flood elevation.

12         Section 3.  Section 381.0068, Florida Statutes, is

13  amended to read:

14         381.0068  Technical review and advisory panel.--

15         (1)  The Department of Health shall, by July 1, 1996,

16  establish and staff a technical review and advisory panel to

17  assist the department with rule adoption.

18         (2)  The primary purpose of the panel is to assist

19  enhance the department's the department in rulemaking and

20  decisionmaking by drawing on the expertise of representatives

21  from several groups that are affected by have an interest in

22  onsite sewage treatment and disposal systems. The panel may

23  also review and comment on any legislation or any existing or

24  proposed state policy or issue related to onsite sewer

25  treatment and disposal systems.  If requested by the panel,

26  the chair will advise any affected person or member of the

27  Legislature of the panel's position on the legislation or any

28  existing or proposed state policy or issue. The chair may also

29  take such other action as is appropriate to allow the panel to

30  function. At a minimum, the technical review and advisory

31  panel shall consist of a soil scientist; a professional

                                  7

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  engineer registered in this state who is recommended by the

 2  Florida Engineering Society and who has work experience in

 3  onsite sewage treatment and disposal systems; two

 4  representatives from the home-building industry recommended by

 5  the Florida Home Builders Association, including one who is a

 6  developer in this state who develops lots using onsite sewage

 7  treatment and disposal systems; a representative from the

 8  county health departments who has experience permitting and

 9  inspecting the installation of onsite sewage treatment and

10  disposal systems in this state; a representative from the real

11  estate industry who is recommended by the Florida Association

12  of Realtors; a consumer representative with a science

13  background; two representatives of the septic tank industry

14  recommended by the Florida Septic Tank Association, including

15  one who is a manufacturer of onsite sewage treatment and

16  disposal systems; and a representative from the environmental

17  health profession who is recommended by the Florida

18  Environmental Health Association and who is not employed by a

19  county health department.  Members are to be appointed for a

20  term of 2 years.  The panel may also, as needed, be expanded

21  to include ad hoc, nonvoting representatives who have

22  topic-specific expertise.  All rules proposed by the

23  department which relate to onsite sewage treatment and

24  disposal systems must be presented to the panel for review and

25  comment prior to adoption.  The panel's position on proposed

26  rules shall be made a part of the rulemaking record that is

27  maintained by the agency.  The panel shall select a chair, who

28  shall serve for a period of 1 year and who shall direct,

29  coordinate, and execute the duties of the panel. The panel

30  shall also solicit input from the department's variance review

31  and advisory committee before submitting any comments to the

                                  8

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  department concerning proposed rules.  The panel's comments

 2  must include any dissenting points of view concerning proposed

 3  rules.  The panel shall hold meetings as it determines

 4  necessary to conduct its business, except that the chair, a

 5  quorum of the voting members of the panel, or the department

 6  may call meetings.  The department shall keep minutes of all

 7  meetings of the panel.  Panel members shall serve without

 8  remuneration, but if requested, shall may be reimbursed for

 9  per diem and travel expenses as provided in s. 112.061.

10         Section 4.  Subsection (2) of section 489.551, Florida

11  Statutes, is amended to read:

12         489.551  Definitions.--As used in this part:

13         (2)  "Master septic tank contractor" means a septic

14  tank contractor whose services are unlimited in the septic

15  tank trade who has had at least 3 years' experience as a

16  Florida-registered septic tank contractor or a plumbing

17  contractor certified under part 1 of this chapter who has

18  provided septic tank contracting services for at least 3 years

19  and who has the experience, knowledge, and skills to install,

20  maintain, repair, close repairs of, and alter all types of

21  onsite sewage treatment and disposal systems, to design onsite

22  sewage treatment and disposal systems, where not prohibited by

23  law, to perform and submit soil evaluations, when determined

24  to meet site-evaluation expertise established by rule, and to

25  use materials and items used in the installation and

26  maintenance of all types of onsite sewage treatment and

27  disposal systems.

28         Section 5.  Section 489.554, Florida Statutes, is

29  amended to read:

30         489.554  Registration renewal.--The department shall

31  prescribe by rule the method for approval of continuing

                                  9

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  education courses and for renewal of annual registration.  At

 2  a minimum, annual renewal, which shall include continuing

 3  education requirements of not less than 6 classroom hours

 4  annually for septic tank contractors and not less than 12

 5  classroom hours annually for master septic tank contractors.

 6  The 12 classroom hours of continuing education required for

 7  master septic tank contractors may include the 6 classroom

 8  hours required for septic tank contractors, but at a minimum

 9  must include 6 classroom hours of approved master septic tank

10  contractor coursework.

11         Section 6.  Subsection (5) is added to section 489.555,

12  Florida Statutes, to read:

13         489.555  Certification of partnerships and

14  corporations.--

15         (5)  When a certificate of authorization has been

16  revoked, any person authorized by law to provide septic tank

17  contracting services may not use the name or fictitious name

18  of the entity whose certificate was revoked, or any other

19  identifiers for the entity, including telephone numbers,

20  advertisements, or logos.

21         Section 7.  The first $1.9 million deposited to the

22  Solid Waste Management Trust Fund each fiscal year through the

23  2028-2029 fiscal year shall be transferred to the State

24  Housing Trust Fund administered by the Florida Housing Finance

25  Corporation on behalf of the Department of Community Affairs.

26  Said amount is hereby appropriated annually for that period to

27  the Florida Housing Finance Corporation to be used to pay for

28  local government infrastructure primarily related and

29  necessary to housing or to pay the debt service on revenue

30  bonds issued for such purposes by the Florida Housing Finance

31  Corporation.  Such amounts may be pledged by the corporation

                                  10

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1  for purposes of securing said bonds and revenue may also be

 2  used to pay administrative costs of the corporation, not to

 3  exceed 3% in connection with such program.  The following

 4  projects shall be funded as indicated:  Homosassa Wastewater

 5  Treatment System at $3,250,000; Jasper Wastewater Services at

 6  $344,144; Suwannee Wastewater Improvement Project at $344,000;

 7  Carrabelle Wastewater Collection System at $300,000; Labelle

 8  Wastewater Improvement at $4,110,000; Astor Area Wastewater

 9  System at $3,000,000; Bushnell Wastewater System $200,000;

10  Arroya Parkway Wastewater System at $2,372,000; South Walton

11  Wastewater Treatment Facility at $500,000; Skyview Utility

12  Wastewater Treatment Project at $800,000; South Dade Watershed

13  Planning Stormwater Project at $500,000; City of Sanibel

14  Wastewater Treatment Project at $1,000,000; City of Frostproof

15  Wastewater Treatment at $2,500,000; West Miami Sewer System at

16  $250,000; and City of Perry Wastewater Treatment Project at

17  $250,000.

18         Section 8.  This act shall take effect upon becoming a

19  law.

20

21

22

23  ================ T I T L E   A M E N D M E N T ===============

24  And the title is amended as follows:

25         On page 1,

26  remove the entire title of the bill:

27

28  and insert in lieu thereof:

29                  A bill to be entitled

30         An act relating to wastewater treatment

31         systems; amending s. 381.0065, F.S.; revising

                                  11

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 4475

    Amendment No. 1 (for drafter's use only)





 1         guidelines and procedures for granting

 2         variances for such systems; revising membership

 3         of the department's variance review and

 4         advisory committee; providing criteria for use

 5         of guttering; amending s. 381.0068, F.S.;

 6         revising duties and procedures of the

 7         department's technical review and advisory

 8         panel; providing for the transfer of a certain

 9         amount from the Solid Waste Trust Fund to the

10         State Housing Trust Fund for the purposes of

11         funding wastewater treatment systems; providing

12         an effective date.

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  12

    File original & 9 copies    04/24/98
    her0001                     08:54 am         04475-0066-045563