| 1 | A bill to be entitled |
| 2 | An act relating to hazard mitigation for coastal |
| 3 | redevelopment; amending s. 161.085, F.S.; specifying |
| 4 | entities that are authorized to install or authorize |
| 5 | installation of rigid coastal armoring structures; |
| 6 | authorizing the Department of Environmental Protection to |
| 7 | revoke certain authority; amending s. 163.3178, F.S.; |
| 8 | requiring the Division of Emergency Management to manage |
| 9 | certain hurricane evacuation studies; requiring that such |
| 10 | studies be performed in a specified manner; amending s. |
| 11 | 381.0065, F.S.; requiring the issuance of certain permits |
| 12 | by the Department of Health to be contingent upon the |
| 13 | receipt of certain permits issued by the Department of |
| 14 | Environmental Protection; creating s. 689.264, F.S.; |
| 15 | requiring disclosure of property location within a |
| 16 | hurricane evacuation zone to prospective purchaser; |
| 17 | providing an effective date. |
| 18 |
|
| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
|
| 21 | Section 1. Subsection (3) of section 161.085, Florida |
| 22 | Statutes, is amended, and subsection (8) is added to that |
| 23 | section, to read: |
| 24 | 161.085 Rigid coastal armoring structures.-- |
| 25 | (3) If erosion occurs as a result of a storm event which |
| 26 | threatens private structures or public infrastructure and a |
| 27 | permit has not been issued pursuant to subsection (2), unless |
| 28 | the authority has been revoked by order of the department |
| 29 | pursuant to subsection (8), an the agency, political |
| 30 | subdivision, or municipality having jurisdiction over the |
| 31 | impacted area may install or authorize installation of rigid |
| 32 | coastal armoring structures for the protection of private |
| 33 | structures or public infrastructure, or take other measures to |
| 34 | relieve the threat to private structures or public |
| 35 | infrastructure as long as the following items are considered and |
| 36 | incorporated into such emergency measures: |
| 37 | (a) Protection of the beach-dune system. |
| 38 | (b) Siting and design criteria for the protective |
| 39 | structure. |
| 40 | (c) Impacts on adjacent properties. |
| 41 | (d) Preservation of public beach access. |
| 42 | (e) Protection of native coastal vegetation and nesting |
| 43 | marine turtles and their hatchlings. |
| 44 | (8) If an agency, political subdivision, or municipality |
| 45 | installs or authorizes installation of a rigid coastal armoring |
| 46 | structure that does not comply with subsection (3), and if the |
| 47 | department determines that the action harms or interferes with |
| 48 | the protection of the beach-dune system, adversely impacts |
| 49 | adjacent properties, interferes with public beach access, or |
| 50 | harms native coastal vegetation or nesting marine turtles or |
| 51 | their hatchlings, the department may revoke by order the |
| 52 | authority of the agency, political subdivision, or municipality |
| 53 | under subsection (3) to install or authorize the installation of |
| 54 | rigid coastal armoring structures. |
| 55 | Section 2. Paragraph (h) of subsection (2) of section |
| 56 | 163.3178, Florida Statutes, is amended to read: |
| 57 | 163.3178 Coastal management.-- |
| 58 | (2) Each coastal management element required by s. |
| 59 | 163.3177(6)(g) shall be based on studies, surveys, and data; be |
| 60 | consistent with coastal resource plans prepared and adopted |
| 61 | pursuant to general or special law; and contain: |
| 62 | (h) Designation of high-hazard coastal areas, which for |
| 63 | uniformity and planning purposes herein, are defined as category |
| 64 | 1 evacuation zones. Category 1 evacuation zones are based on the |
| 65 | regional hurricane evacuation studies. The Division of Emergency |
| 66 | Management is responsible for managing the update of the |
| 67 | regional hurricane evacuation studies and ensuring that such |
| 68 | studies are done in a consistent manner using the methodology |
| 69 | for modeling storm surge that is used by the National Hurricane |
| 70 | Center. However, Application of mitigation and redevelopment |
| 71 | policies, pursuant to s. 380.27(2), and any rules adopted |
| 72 | thereunder, shall be at the discretion of local government. |
| 73 | Section 3. Subsection (4) of section 381.0065, Florida |
| 74 | Statutes, is amended to read: |
| 75 | 381.0065 Onsite sewage treatment and disposal systems; |
| 76 | regulation.-- |
| 77 | (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person may |
| 78 | not construct, repair, modify, abandon, or operate an onsite |
| 79 | sewage treatment and disposal system without first obtaining a |
| 80 | permit approved by the department. The department may issue |
| 81 | permits to carry out this section, but shall not make the |
| 82 | issuance of such permits contingent upon prior approval by the |
| 83 | Department of Environmental Protection, except that the issuance |
| 84 | of a permit for work seaward of the coastal construction control |
| 85 | line established under s. 161.053 shall be contingent upon |
| 86 | receipt of any required coastal construction control line permit |
| 87 | from the Department of Environmental Protection. A construction |
| 88 | permit is valid for 18 months from the issuance date and may be |
| 89 | extended by the department for one 90-day period under rules |
| 90 | adopted by the department. A repair permit is valid for 90 days |
| 91 | from the date of issuance. An operating permit must be obtained |
| 92 | prior to the use of any aerobic treatment unit or if the |
| 93 | establishment generates commercial waste. Buildings or |
| 94 | establishments that use an aerobic treatment unit or generate |
| 95 | commercial waste shall be inspected by the department at least |
| 96 | annually to assure compliance with the terms of the operating |
| 97 | permit. The operating permit for a commercial wastewater system |
| 98 | is valid for 1 year from the date of issuance and must be |
| 99 | renewed annually. The operating permit for an aerobic treatment |
| 100 | unit is valid for 2 years from the date of issuance and must be |
| 101 | renewed every 2 years. If all information pertaining to the |
| 102 | siting, location, and installation conditions or repair of an |
| 103 | onsite sewage treatment and disposal system remains the same, a |
| 104 | construction or repair permit for the onsite sewage treatment |
| 105 | and disposal system may be transferred to another person, if the |
| 106 | transferee files, within 60 days after the transfer of |
| 107 | ownership, an amended application providing all corrected |
| 108 | information and proof of ownership of the property. There is no |
| 109 | fee associated with the processing of this supplemental |
| 110 | information. A person may not contract to construct, modify, |
| 111 | alter, repair, service, abandon, or maintain any portion of an |
| 112 | onsite sewage treatment and disposal system without being |
| 113 | registered under part III of chapter 489. A property owner who |
| 114 | personally performs construction, maintenance, or repairs to a |
| 115 | system serving his or her own owner-occupied single-family |
| 116 | residence is exempt from registration requirements for |
| 117 | performing such construction, maintenance, or repairs on that |
| 118 | residence, but is subject to all permitting requirements. A |
| 119 | municipality or political subdivision of the state may not issue |
| 120 | a building or plumbing permit for any building that requires the |
| 121 | use of an onsite sewage treatment and disposal system unless the |
| 122 | owner or builder has received a construction permit for such |
| 123 | system from the department. A building or structure may not be |
| 124 | occupied and a municipality, political subdivision, or any state |
| 125 | or federal agency may not authorize occupancy until the |
| 126 | department approves the final installation of the onsite sewage |
| 127 | treatment and disposal system. A municipality or political |
| 128 | subdivision of the state may not approve any change in occupancy |
| 129 | or tenancy of a building that uses an onsite sewage treatment |
| 130 | and disposal system until the department has reviewed the use of |
| 131 | the system with the proposed change, approved the change, and |
| 132 | amended the operating permit. |
| 133 | (a) Subdivisions and lots in which each lot has a minimum |
| 134 | area of at least one-half acre and either a minimum dimension of |
| 135 | 100 feet or a mean of at least 100 feet of the side bordering |
| 136 | the street and the distance formed by a line parallel to the |
| 137 | side bordering the street drawn between the two most distant |
| 138 | points of the remainder of the lot may be developed with a water |
| 139 | system regulated under s. 381.0062 and onsite sewage treatment |
| 140 | and disposal systems, provided the projected daily sewage flow |
| 141 | does not exceed an average of 1,500 gallons per acre per day, |
| 142 | and provided satisfactory drinking water can be obtained and all |
| 143 | distance and setback, soil condition, water table elevation, and |
| 144 | other related requirements of this section and rules adopted |
| 145 | under this section can be met. |
| 146 | (b) Subdivisions and lots using a public water system as |
| 147 | defined in s. 403.852 may use onsite sewage treatment and |
| 148 | disposal systems, provided there are no more than four lots per |
| 149 | acre, provided the projected daily sewage flow does not exceed |
| 150 | an average of 2,500 gallons per acre per day, and provided that |
| 151 | all distance and setback, soil condition, water table elevation, |
| 152 | and other related requirements that are generally applicable to |
| 153 | the use of onsite sewage treatment and disposal systems are met. |
| 154 | (c) Notwithstanding the provisions of paragraphs (a) and |
| 155 | (b), for subdivisions platted of record on or before October 1, |
| 156 | 1991, when a developer or other appropriate entity has |
| 157 | previously made or makes provisions, including financial |
| 158 | assurances or other commitments, acceptable to the Department of |
| 159 | Health, that a central water system will be installed by a |
| 160 | regulated public utility based on a density formula, private |
| 161 | potable wells may be used with onsite sewage treatment and |
| 162 | disposal systems until the agreed-upon densities are reached. |
| 163 | The department may consider assurances filed with the Department |
| 164 | of Business and Professional Regulation under chapter 498 in |
| 165 | determining the adequacy of the financial assurance required by |
| 166 | this paragraph. In a subdivision regulated by this paragraph, |
| 167 | the average daily sewage flow may not exceed 2,500 gallons per |
| 168 | acre per day. This section does not affect the validity of |
| 169 | existing prior agreements. After October 1, 1991, the exception |
| 170 | provided under this paragraph is not available to a developer or |
| 171 | other appropriate entity. |
| 172 | (d) Paragraphs (a) and (b) do not apply to any proposed |
| 173 | residential subdivision with more than 50 lots or to any |
| 174 | proposed commercial subdivision with more than 5 lots where a |
| 175 | publicly owned or investor-owned sewerage system is available. |
| 176 | It is the intent of this paragraph not to allow development of |
| 177 | additional proposed subdivisions in order to evade the |
| 178 | requirements of this paragraph. |
| 179 | (e) Onsite sewage treatment and disposal systems must not |
| 180 | be placed closer than: |
| 181 | 1. Seventy-five feet from a private potable well. |
| 182 | 2. Two hundred feet from a public potable well serving a |
| 183 | residential or nonresidential establishment having a total |
| 184 | sewage flow of greater than 2,000 gallons per day. |
| 185 | 3. One hundred feet from a public potable well serving a |
| 186 | residential or nonresidential establishment having a total |
| 187 | sewage flow of less than or equal to 2,000 gallons per day. |
| 188 | 4. Fifty feet from any nonpotable well. |
| 189 | 5. Ten feet from any storm sewer pipe, to the maximum |
| 190 | extent possible, but in no instance shall the setback be less |
| 191 | than 5 feet. |
| 192 | 6. Seventy-five feet from the mean high-water line of a |
| 193 | tidally influenced surface water body. |
| 194 | 7. Seventy-five feet from the mean annual flood line of a |
| 195 | permanent nontidal surface water body. |
| 196 | 8. Fifteen feet from the design high-water line of |
| 197 | retention areas, detention areas, or swales designed to contain |
| 198 | standing or flowing water for less than 72 hours after a |
| 199 | rainfall or the design high-water level of normally dry drainage |
| 200 | ditches or normally dry individual lot stormwater retention |
| 201 | areas. |
| 202 | (f) Except as provided under paragraphs (e) and (t), no |
| 203 | limitations shall be imposed by rule, relating to the distance |
| 204 | between an onsite disposal system and any area that either |
| 205 | permanently or temporarily has visible surface water. |
| 206 | (g) All provisions of this section and rules adopted under |
| 207 | this section relating to soil condition, water table elevation, |
| 208 | distance, and other setback requirements must be equally applied |
| 209 | to all lots, with the following exceptions: |
| 210 | 1. Any residential lot that was platted and recorded on or |
| 211 | after January 1, 1972, or that is part of a residential |
| 212 | subdivision that was approved by the appropriate permitting |
| 213 | agency on or after January 1, 1972, and that was eligible for an |
| 214 | onsite sewage treatment and disposal system construction permit |
| 215 | on the date of such platting and recording or approval shall be |
| 216 | eligible for an onsite sewage treatment and disposal system |
| 217 | construction permit, regardless of when the application for a |
| 218 | permit is made. If rules in effect at the time the permit |
| 219 | application is filed cannot be met, residential lots platted and |
| 220 | recorded or approved on or after January 1, 1972, shall, to the |
| 221 | maximum extent possible, comply with the rules in effect at the |
| 222 | time the permit application is filed. At a minimum, however, |
| 223 | those residential lots platted and recorded or approved on or |
| 224 | after January 1, 1972, but before January 1, 1983, shall comply |
| 225 | with those rules in effect on January 1, 1983, and those |
| 226 | residential lots platted and recorded or approved on or after |
| 227 | January 1, 1983, shall comply with those rules in effect at the |
| 228 | time of such platting and recording or approval. In determining |
| 229 | the maximum extent of compliance with current rules that is |
| 230 | possible, the department shall allow structures and |
| 231 | appurtenances thereto which were authorized at the time such |
| 232 | lots were platted and recorded or approved. |
| 233 | 2. Lots platted before 1972 are subject to a 50-foot |
| 234 | minimum surface water setback and are not subject to lot size |
| 235 | requirements. The projected daily flow for onsite sewage |
| 236 | treatment and disposal systems for lots platted before 1972 may |
| 237 | not exceed: |
| 238 | a. Two thousand five hundred gallons per acre per day for |
| 239 | lots served by public water systems as defined in s. 403.852. |
| 240 | b. One thousand five hundred gallons per acre per day for |
| 241 | lots served by water systems regulated under s. 381.0062. |
| 242 | (h)1. The department may grant variances in hardship cases |
| 243 | which may be less restrictive than the provisions specified in |
| 244 | this section. If a variance is granted and the onsite sewage |
| 245 | treatment and disposal system construction permit has been |
| 246 | issued, the variance may be transferred with the system |
| 247 | construction permit, if the transferee files, within 60 days |
| 248 | after the transfer of ownership, an amended construction permit |
| 249 | application providing all corrected information and proof of |
| 250 | ownership of the property and if the same variance would have |
| 251 | been required for the new owner of the property as was |
| 252 | originally granted to the original applicant for the variance. |
| 253 | There is no fee associated with the processing of this |
| 254 | supplemental information. A variance may not be granted under |
| 255 | this section until the department is satisfied that: |
| 256 | a. The hardship was not caused intentionally by the action |
| 257 | of the applicant; |
| 258 | b. No reasonable alternative, taking into consideration |
| 259 | factors such as cost, exists for the treatment of the sewage; |
| 260 | and |
| 261 | c. The discharge from the onsite sewage treatment and |
| 262 | disposal system will not adversely affect the health of the |
| 263 | applicant or the public or significantly degrade the groundwater |
| 264 | or surface waters. |
| 265 |
|
| 266 | Where soil conditions, water table elevation, and setback |
| 267 | provisions are determined by the department to be satisfactory, |
| 268 | special consideration must be given to those lots platted before |
| 269 | 1972. |
| 270 | 2. The department shall appoint and staff a variance |
| 271 | review and advisory committee, which shall meet monthly to |
| 272 | recommend agency action on variance requests. The committee |
| 273 | shall make its recommendations on variance requests at the |
| 274 | meeting in which the application is scheduled for consideration, |
| 275 | except for an extraordinary change in circumstances, the receipt |
| 276 | of new information that raises new issues, or when the applicant |
| 277 | requests an extension. The committee shall consider the criteria |
| 278 | in subparagraph 1. in its recommended agency action on variance |
| 279 | requests and shall also strive to allow property owners the full |
| 280 | use of their land where possible. The committee consists of the |
| 281 | following: |
| 282 | a. The Division Director for Environmental Health of the |
| 283 | department or his or her designee. |
| 284 | b. A representative from the county health departments. |
| 285 | c. A representative from the home building industry |
| 286 | recommended by the Florida Home Builders Association. |
| 287 | d. A representative from the septic tank industry |
| 288 | recommended by the Florida Onsite Wastewater Association. |
| 289 | e. A representative from the Department of Environmental |
| 290 | Protection. |
| 291 | f. A representative from the real estate industry who is |
| 292 | also a developer in this state who develops lots using onsite |
| 293 | sewage treatment and disposal systems, recommended by the |
| 294 | Florida Association of Realtors. |
| 295 | g. A representative from the engineering profession |
| 296 | recommended by the Florida Engineering Society. |
| 297 |
|
| 298 | Members shall be appointed for a term of 3 years, with such |
| 299 | appointments being staggered so that the terms of no more than |
| 300 | two members expire in any one year. Members shall serve without |
| 301 | remuneration, but if requested, shall be reimbursed for per diem |
| 302 | and travel expenses as provided in s. 112.061. |
| 303 | (i) A construction permit may not be issued for an onsite |
| 304 | sewage treatment and disposal system in any area zoned or used |
| 305 | for industrial or manufacturing purposes, or its equivalent, |
| 306 | where a publicly owned or investor-owned sewage treatment system |
| 307 | is available, or where a likelihood exists that the system will |
| 308 | receive toxic, hazardous, or industrial waste. An existing |
| 309 | onsite sewage treatment and disposal system may be repaired if a |
| 310 | publicly owned or investor-owned sewerage system is not |
| 311 | available within 500 feet of the building sewer stub-out and if |
| 312 | system construction and operation standards can be met. This |
| 313 | paragraph does not require publicly owned or investor-owned |
| 314 | sewerage treatment systems to accept anything other than |
| 315 | domestic wastewater. |
| 316 | 1. A building located in an area zoned or used for |
| 317 | industrial or manufacturing purposes, or its equivalent, when |
| 318 | such building is served by an onsite sewage treatment and |
| 319 | disposal system, must not be occupied until the owner or tenant |
| 320 | has obtained written approval from the department. The |
| 321 | department shall not grant approval when the proposed use of the |
| 322 | system is to dispose of toxic, hazardous, or industrial |
| 323 | wastewater or toxic or hazardous chemicals. |
| 324 | 2. Each person who owns or operates a business or facility |
| 325 | in an area zoned or used for industrial or manufacturing |
| 326 | purposes, or its equivalent, or who owns or operates a business |
| 327 | that has the potential to generate toxic, hazardous, or |
| 328 | industrial wastewater or toxic or hazardous chemicals, and uses |
| 329 | an onsite sewage treatment and disposal system that is installed |
| 330 | on or after July 5, 1989, must obtain an annual system operating |
| 331 | permit from the department. A person who owns or operates a |
| 332 | business that uses an onsite sewage treatment and disposal |
| 333 | system that was installed and approved before July 5, 1989, need |
| 334 | not obtain a system operating permit. However, upon change of |
| 335 | ownership or tenancy, the new owner or operator must notify the |
| 336 | department of the change, and the new owner or operator must |
| 337 | obtain an annual system operating permit, regardless of the date |
| 338 | that the system was installed or approved. |
| 339 | 3. The department shall periodically review and evaluate |
| 340 | the continued use of onsite sewage treatment and disposal |
| 341 | systems in areas zoned or used for industrial or manufacturing |
| 342 | purposes, or its equivalent, and may require the collection and |
| 343 | analyses of samples from within and around such systems. If the |
| 344 | department finds that toxic or hazardous chemicals or toxic, |
| 345 | hazardous, or industrial wastewater have been or are being |
| 346 | disposed of through an onsite sewage treatment and disposal |
| 347 | system, the department shall initiate enforcement actions |
| 348 | against the owner or tenant to ensure adequate cleanup, |
| 349 | treatment, and disposal. |
| 350 | (j) An onsite sewage treatment and disposal system for a |
| 351 | single-family residence that is designed by a professional |
| 352 | engineer registered in the state and certified by such engineer |
| 353 | as complying with performance criteria adopted by the department |
| 354 | must be approved by the department subject to the following: |
| 355 | 1. The performance criteria applicable to engineer- |
| 356 | designed systems must be limited to those necessary to ensure |
| 357 | that such systems do not adversely affect the public health or |
| 358 | significantly degrade the groundwater or surface water. Such |
| 359 | performance criteria shall include consideration of the quality |
| 360 | of system effluent, the proposed total sewage flow per acre, |
| 361 | wastewater treatment capabilities of the natural or replaced |
| 362 | soil, water quality classification of the potential surface- |
| 363 | water-receiving body, and the structural and maintenance |
| 364 | viability of the system for the treatment of domestic |
| 365 | wastewater. However, performance criteria shall address only the |
| 366 | performance of a system and not a system's design. |
| 367 | 2. The technical review and advisory panel shall assist |
| 368 | the department in the development of performance criteria |
| 369 | applicable to engineer-designed systems. |
| 370 | 3. A person electing to utilize an engineer-designed |
| 371 | system shall, upon completion of the system design, submit such |
| 372 | design, certified by a registered professional engineer, to the |
| 373 | county health department. The county health department may |
| 374 | utilize an outside consultant to review the engineer-designed |
| 375 | system, with the actual cost of such review to be borne by the |
| 376 | applicant. Within 5 working days after receiving an engineer- |
| 377 | designed system permit application, the county health department |
| 378 | shall request additional information if the application is not |
| 379 | complete. Within 15 working days after receiving a complete |
| 380 | application for an engineer-designed system, the county health |
| 381 | department either shall issue the permit or, if it determines |
| 382 | that the system does not comply with the performance criteria, |
| 383 | shall notify the applicant of that determination and refer the |
| 384 | application to the department for a determination as to whether |
| 385 | the system should be approved, disapproved, or approved with |
| 386 | modification. The department engineer's determination shall |
| 387 | prevail over the action of the county health department. The |
| 388 | applicant shall be notified in writing of the department's |
| 389 | determination and of the applicant's rights to pursue a variance |
| 390 | or seek review under the provisions of chapter 120. |
| 391 | 4. The owner of an engineer-designed performance-based |
| 392 | system must maintain a current maintenance service agreement |
| 393 | with a maintenance entity permitted by the department. The |
| 394 | maintenance entity shall obtain a biennial system operating |
| 395 | permit from the department for each system under service |
| 396 | contract. The department shall inspect the system at least |
| 397 | annually, or on such periodic basis as the fee collected |
| 398 | permits, and may collect system-effluent samples if appropriate |
| 399 | to determine compliance with the performance criteria. The fee |
| 400 | for the biennial operating permit shall be collected beginning |
| 401 | with the second year of system operation. The maintenance entity |
| 402 | shall inspect each system at least twice each year and shall |
| 403 | report quarterly to the department on the number of systems |
| 404 | inspected and serviced. |
| 405 | 5. If an engineer-designed system fails to properly |
| 406 | function or fails to meet performance standards, the system |
| 407 | shall be re-engineered, if necessary, to bring the system into |
| 408 | compliance with the provisions of this section. |
| 409 | (k) An innovative system may be approved in conjunction |
| 410 | with an engineer-designed site-specific system which is |
| 411 | certified by the engineer to meet the performance-based criteria |
| 412 | adopted by the department. |
| 413 | (l) For the Florida Keys, the department shall adopt a |
| 414 | special rule for the construction, installation, modification, |
| 415 | operation, repair, maintenance, and performance of onsite sewage |
| 416 | treatment and disposal systems which considers the unique soil |
| 417 | conditions and which considers water table elevations, |
| 418 | densities, and setback requirements. On lots where a setback |
| 419 | distance of 75 feet from surface waters, saltmarsh, and |
| 420 | buttonwood association habitat areas cannot be met, an injection |
| 421 | well, approved and permitted by the department, may be used for |
| 422 | disposal of effluent from onsite sewage treatment and disposal |
| 423 | systems. |
| 424 | (m) No product sold in the state for use in onsite sewage |
| 425 | treatment and disposal systems may contain any substance in |
| 426 | concentrations or amounts that would interfere with or prevent |
| 427 | the successful operation of such system, or that would cause |
| 428 | discharges from such systems to violate applicable water quality |
| 429 | standards. The department shall publish criteria for products |
| 430 | known or expected to meet the conditions of this paragraph. In |
| 431 | the event a product does not meet such criteria, such product |
| 432 | may be sold if the manufacturer satisfactorily demonstrates to |
| 433 | the department that the conditions of this paragraph are met. |
| 434 | (n) Evaluations for determining the seasonal high-water |
| 435 | table elevations or the suitability of soils for the use of a |
| 436 | new onsite sewage treatment and disposal system shall be |
| 437 | performed by department personnel, professional engineers |
| 438 | registered in the state, or such other persons with expertise, |
| 439 | as defined by rule, in making such evaluations. Evaluations for |
| 440 | determining mean annual flood lines shall be performed by those |
| 441 | persons identified in paragraph (2)(i). The department shall |
| 442 | accept evaluations submitted by professional engineers and such |
| 443 | other persons as meet the expertise established by this section |
| 444 | or by rule unless the department has a reasonable scientific |
| 445 | basis for questioning the accuracy or completeness of the |
| 446 | evaluation. |
| 447 | (o) The department shall appoint a research review and |
| 448 | advisory committee, which shall meet at least semiannually. The |
| 449 | committee shall advise the department on directions for new |
| 450 | research, review and rank proposals for research contracts, and |
| 451 | review draft research reports and make comments. The committee |
| 452 | is comprised of: |
| 453 | 1. A representative of the Division of Environmental |
| 454 | Health of the Department of Health. |
| 455 | 2. A representative from the septic tank industry. |
| 456 | 3. A representative from the home building industry. |
| 457 | 4. A representative from an environmental interest group. |
| 458 | 5. A representative from the State University System, from |
| 459 | a department knowledgeable about onsite sewage treatment and |
| 460 | disposal systems. |
| 461 | 6. A professional engineer registered in this state who |
| 462 | has work experience in onsite sewage treatment and disposal |
| 463 | systems. |
| 464 | 7. A representative from the real estate profession. |
| 465 | 8. A representative from the restaurant industry. |
| 466 | 9. A consumer. |
| 467 |
|
| 468 | Members shall be appointed for a term of 3 years, with the |
| 469 | appointments being staggered so that the terms of no more than |
| 470 | four members expire in any one year. Members shall serve without |
| 471 | remuneration, but are entitled to reimbursement for per diem and |
| 472 | travel expenses as provided in s. 112.061. |
| 473 | (p) An application for an onsite sewage treatment and |
| 474 | disposal system permit shall be completed in full, signed by the |
| 475 | owner or the owner's authorized representative, or by a |
| 476 | contractor licensed under chapter 489, and shall be accompanied |
| 477 | by all required exhibits and fees. No specific documentation of |
| 478 | property ownership shall be required as a prerequisite to the |
| 479 | review of an application or the issuance of a permit. The |
| 480 | issuance of a permit does not constitute determination by the |
| 481 | department of property ownership. |
| 482 | (q) The department may not require any form of subdivision |
| 483 | analysis of property by an owner, developer, or subdivider prior |
| 484 | to submission of an application for an onsite sewage treatment |
| 485 | and disposal system. |
| 486 | (r) Nothing in this section limits the power of a |
| 487 | municipality or county to enforce other laws for the protection |
| 488 | of the public health and safety. |
| 489 | (s) In the siting of onsite sewage treatment and disposal |
| 490 | systems, including drainfields, shoulders, and slopes, guttering |
| 491 | shall not be required on single-family residential dwelling |
| 492 | units for systems located greater than 5 feet from the roof drip |
| 493 | line of the house. If guttering is used on residential dwelling |
| 494 | units, the downspouts shall be directed away from the |
| 495 | drainfield. |
| 496 | (t) Notwithstanding the provisions of subparagraph (g)1., |
| 497 | onsite sewage treatment and disposal systems located in |
| 498 | floodways of the Suwannee and Aucilla Rivers must adhere to the |
| 499 | following requirements: |
| 500 | 1. The absorption surface of the drainfield shall not be |
| 501 | subject to flooding based on 10-year flood elevations. Provided, |
| 502 | however, for lots or parcels created by the subdivision of land |
| 503 | in accordance with applicable local government regulations prior |
| 504 | to January 17, 1990, if an applicant cannot construct a |
| 505 | drainfield system with the absorption surface of the drainfield |
| 506 | at an elevation equal to or above 10-year flood elevation, the |
| 507 | department shall issue a permit for an onsite sewage treatment |
| 508 | and disposal system within the 10-year floodplain of rivers, |
| 509 | streams, and other bodies of flowing water if all of the |
| 510 | following criteria are met: |
| 511 | a. The lot is at least one-half acre in size; |
| 512 | b. The bottom of the drainfield is at least 36 inches |
| 513 | above the 2-year flood elevation; and |
| 514 | c. The applicant installs either: a waterless, |
| 515 | incinerating, or organic waste composting toilet and a graywater |
| 516 | system and drainfield in accordance with department rules; an |
| 517 | aerobic treatment unit and drainfield in accordance with |
| 518 | department rules; a system approved by the State Health Office |
| 519 | that is capable of reducing effluent nitrate by at least 50 |
| 520 | percent; or a system approved by the county health department |
| 521 | pursuant to department rule other than a system using |
| 522 | alternative drainfield materials. The United States Department |
| 523 | of Agriculture Soil Conservation Service soil maps, State of |
| 524 | Florida Water Management District data, and Federal Emergency |
| 525 | Management Agency Flood Insurance maps are resources that shall |
| 526 | be used to identify flood-prone areas. |
| 527 | 2. The use of fill or mounding to elevate a drainfield |
| 528 | system out of the 10-year floodplain of rivers, streams, or |
| 529 | other bodies of flowing water shall not be permitted if such a |
| 530 | system lies within a regulatory floodway of the Suwannee and |
| 531 | Aucilla Rivers. In cases where the 10-year flood elevation does |
| 532 | not coincide with the boundaries of the regulatory floodway, the |
| 533 | regulatory floodway will be considered for the purposes of this |
| 534 | subsection to extend at a minimum to the 10-year flood |
| 535 | elevation. |
| 536 | (u) The owner of an aerobic treatment unit system shall |
| 537 | maintain a current maintenance service agreement with an aerobic |
| 538 | treatment unit maintenance entity permitted by the department. |
| 539 | The maintenance entity shall obtain a system operating permit |
| 540 | from the department for each aerobic treatment unit under |
| 541 | service contract. The maintenance entity shall inspect each |
| 542 | aerobic treatment unit system at least twice each year and shall |
| 543 | report quarterly to the department on the number of aerobic |
| 544 | treatment unit systems inspected and serviced. The owner shall |
| 545 | allow the department to inspect during reasonable hours each |
| 546 | aerobic treatment unit system at least annually, and such |
| 547 | inspection may include collection and analysis of system- |
| 548 | effluent samples for performance criteria established by rule of |
| 549 | the department. |
| 550 | (v) The department may require the submission of detailed |
| 551 | system construction plans that are prepared by a professional |
| 552 | engineer registered in this state. The department shall |
| 553 | establish by rule criteria for determining when such a |
| 554 | submission is required. |
| 555 | Section 4. Section 689.264, Florida Statutes, is created |
| 556 | to read: |
| 557 | 689.264 Sale of real property; disclosure of property |
| 558 | location in a hurricane evacuation zone to prospective |
| 559 | purchaser.-- |
| 560 | (1) A prospective purchaser of real property located in a |
| 561 | hurricane evacuation zone must be presented a disclosure summary |
| 562 | at or before execution of the contract for sale. Unless a |
| 563 | substantially similar disclosure summary is included in the |
| 564 | contract for sale, a separate disclosure summary must be |
| 565 | attached to the contract for sale. The disclosure summary, |
| 566 | whether separate or included in the contract, must be in a form |
| 567 | substantially similar to the following: |
| 568 |
|
| 569 | PROPERTY IN HURRICANE EVACUATION ZONE |
| 570 | DISCLOSURE SUMMARY |
| 571 |
|
| 572 | ALL OR A PORTION OF THIS PROPERTY CURRENTLY LIES |
| 573 | WITHIN THE CATEGORY (INSERT ZONE(S)) HURRICANE |
| 574 | EVACUATION ZONE(S) DESIGNATED BY THE COUNTY EMERGENCY |
| 575 | MANAGEMENT DEPARTMENT. THIS DESIGNATION MAY REQUIRE |
| 576 | OCCUPANTS OF THE PROPERTY TO EVACUATE DURING AN |
| 577 | IMPENDING TROPICAL STORM OR HURRICANE EVENT. AS THIS |
| 578 | DESIGNATION IS SUBJECT TO CHANGE, YOU SHOULD VERIFY |
| 579 | YOUR HURRICANE EVACUATION ZONE DESIGNATION PRIOR TO |
| 580 | THE START OF EACH HURRICANE SEASON. IF YOU HAVE ANY |
| 581 | QUESTIONS REGARDING THIS DISCLOSURE, CONTACT THE |
| 582 | COUNTY EMERGENCY MANAGEMENT AGENCY FOR INFORMATION. |
| 583 |
|
| 584 | (2) Unless included in the contract, the disclosure |
| 585 | summary must be provided by the seller. If the disclosure |
| 586 | summary is not included in the contract for sale, the contract |
| 587 | for sale must refer to and incorporate by reference the |
| 588 | disclosure summary and include in prominent language a statement |
| 589 | that the potential purchaser should not execute the contract |
| 590 | until the disclosure summary required by this section has been |
| 591 | read. |
| 592 | Section 5. This act shall take effect upon becoming a law. |