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 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
20 |
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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28 | the authority has been revoked by order of the department |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. |