Senate Bill sb2216c2
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By the Committees on General Government Appropriations;
Environmental Preservation; and Senator Clary
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1 A bill to be entitled
2 An act relating to hazard mitigation for
3 coastal development; amending s. 161.085, F.S.;
4 authorizing an agency, political subdivision,
5 or municipality having jurisdiction over an
6 impacted area to install rigid coastal armoring
7 structures; authorizing the Department of
8 Environmental Protection to revoke the
9 authority of an agency, political subdivision,
10 or municipality to install rigid coastal
11 armoring structures; specifying conditions
12 under which sand filled tubes or similar
13 structures may be authorized as the core of a
14 restored dune feature; amending s. 163.3178,
15 F.S.; requiring the Division of Emergency
16 Management to manage the update of regional
17 hurricane evacuation studies; defining the term
18 "coastal high-hazard area"; requiring the
19 Department of Community Affairs to find that an
20 application to amend a local government
21 comprehensive plan which meets specified
22 conditions concerning hurricane evacuation,
23 evacuation time, and related mitigation
24 complies with state coastal high-hazard
25 standards; requiring each local government to
26 amend its future land use map and comprehensive
27 plan by a certain date to refect such
28 requirement and conditions; requiring certain
29 local governments to adopt a specified level of
30 service for out-of-county hurricane evacuation;
31 prohibiting new hospitals and certain new
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1 congregate living facilities in a coastal
2 high-hazard area; amending s. 163.336, F.S.;
3 revising the requirements for the placement of
4 beach-compatible material that is excavated
5 during the coastal resort area redevelopment
6 pilot project; extending the expiration date of
7 the pilot project; requiring a report; amending
8 s. 381.0065, F.S.; requiring the issuance of
9 certain permits by the Department of Health for
10 work seaward of the coastal construction
11 control line to be contingent upon receipt of a
12 coastal construction control line permit from
13 the Department of Environmental Protection;
14 providing an effective date.
15
16 Be It Enacted by the Legislature of the State of Florida:
17
18 Section 1. Subsection (3) of section 161.085, Florida
19 Statutes, is amended, and subsections (8) and (9) are added
20 to that section, to read:
21 161.085 Rigid coastal armoring structures.--
22 (3) If erosion occurs as a result of a storm event
23 which threatens private structures or public infrastructure
24 and a permit has not been issued pursuant to subsection (2),
25 unless the authority has been revoked by order of the
26 department pursuant to subsection (8), an the agency,
27 political subdivision, or municipality having jurisdiction
28 over the impacted area may install or authorize installation
29 of rigid coastal armoring structures for the protection of
30 private structures or public infrastructure, or take other
31 measures to relieve the threat to private structures or public
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1 infrastructure as long as the following items are considered
2 and incorporated into such emergency measures:
3 (a) Protection of the beach-dune system.
4 (b) Siting and design criteria for the protective
5 structure.
6 (c) Impacts on adjacent properties.
7 (d) Preservation of public beach access.
8 (e) Protection of native coastal vegetation and
9 nesting marine turtles and their hatchlings.
10 (8) If an agency, political subdivision, or
11 municipality installs or authorizes installation of a rigid
12 coastal armoring structure that does not comply with
13 subsection (3), and if the department determines that the
14 action harms or interferes with the protection of the
15 beach-dune system, adversely impacts adjacent properties,
16 interferes with public beach access, or harms native coastal
17 vegetation or nesting marine turtles or their hatchlings, the
18 department may revoke by order the authority of the agency,
19 political subdivision, or municipality under subsection (3) to
20 install or authorize the installation of rigid coastal
21 armoring structures.
22 (9) The department, or an agency, political
23 subdivision, or municipality described in subsection (3), may
24 authorize sand-filled tubes or similar structures proposed as
25 the core of a restored dune feature if the applicant meets the
26 requirements of this part and:
27 (a) Demonstrates that the United States Fish and
28 Wildlife Service has approved a habitat conservation plan that
29 includes the shoreline where each structure will be placed;
30 (b) Provides reasonable assurance that adequate sand
31 cover will be maintained over the structure such that the
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1 structure will not interact with the beach dune system as
2 rigid coastal armoring or adversely affect marine turtle
3 nesting and provides for a responsible entity to conduct such
4 maintenance; and
5 (c) Provides reasonable assurance that each structure
6 will be removed if the maintenance required by paragraph (b)
7 proves to be not feasible.
8 Section 2. Paragraphs (d) and (h) of subsection (2) of
9 section 163.3178, Florida Statutes, are amended, and
10 subsection (9) is added to that section, to read:
11 163.3178 Coastal management.--
12 (2) Each coastal management element required by s.
13 163.3177(6)(g) shall be based on studies, surveys, and data;
14 be consistent with coastal resource plans prepared and adopted
15 pursuant to general or special law; and contain:
16 (d) A component which outlines principles for hazard
17 mitigation and protection of human life against the effects of
18 natural disaster, including population evacuation, which take
19 into consideration the capability to safely evacuate the
20 density of coastal population proposed in the future land use
21 plan element in the event of an impending natural disaster.
22 The Division of Emergency Management shall manage the update
23 of the regional hurricane evacuation studies, ensure such
24 studies are done in a consistent manner, and ensure that the
25 methodology used for modeling storm surge is that used by the
26 National Hurricane Center.
27 (h) Designation of coastal high-hazard coastal areas
28 and the criteria for mitigation for a comprehensive plan
29 amendment in the coastal high-hazard area as defined in
30 subsection (9), which for uniformity and planning purposes
31 herein, are defined as category 1 evacuation zones. The
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1 coastal high-hazard area is the area below the elevation of
2 the category 1 storm surge line as established by the Sea,
3 Lake and Overland Surges from Hurricanes (SLOSH) computerized
4 storm surge model. However, Application of mitigation and
5 development and redevelopment policies, pursuant to s.
6 380.27(2), and any rules adopted thereunder, shall be at the
7 discretion of local government.
8 (9)(a) A local government may elect to comply with
9 rules 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7), Florida
10 Administrative Code, through the process provided in this
11 section. A proposed amendment to a comprehensive plan is in
12 compliance with state coastal high-hazard provisions as
13 provided in rule 9J-5.012(3)(b)(6) and 9J-5.012(3)(b)(7) if:
14 1. The adopted level of service for out-of-county
15 hurricane evacuation is maintained for a category 5 storm
16 event, as measured by the Saffir-Simpson Scale;
17 2. A 12-hour evacuation time-to-shelter is maintained
18 for the category 5 storm event, as measured by the
19 Saffir-Simpson Scale, and shelter space reasonably
20 attributable to the development contemplated by a proposed
21 amendment to the comprehensive plan is available; or
22 3. Appropriate mitigation to satisfy the provisions of
23 subparagraph 1. or subparagraph 2. is provided. For the
24 purpose of this subparagraph, the term "appropriate
25 mitigation" includes, without limitation, payment of money,
26 contributions of land, and construction of hurricane shelters
27 and transportation facilities. Mitigation by the developer as
28 required by the local government may not exceed the amount
29 required for a developer to accommodate impacts reasonably
30 attributable to its development. For those local governments
31 that have not established a level of service for an
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1 out-of-county hurricane evacuation by July 1, 2008, the level
2 of service shall be no greater than 16 hours for a category 5
3 storm event, as measured on the Saffir-Simpson Scale.
4 (b) New adult congregate living facilities, community
5 residential homes, group homes, homes for the aged, hospitals,
6 or nursing homes may not be located within the coastal
7 high-hazard area.
8 (c) By July 1, 2008, each local government must amend
9 its future land use map and coastal management element to
10 include the new definition of coastal high-hazard area and to
11 depict the coastal high-hazard area on the future land use
12 maps.
13 (d) This subsection shall take effect upon this act
14 becoming a law and applies to all local governments.
15 Section 3. Subsections (2) and (3) of section 163.336,
16 Florida Statutes, are amended to read:
17 163.336 Coastal resort area redevelopment pilot
18 project.--
19 (2) PILOT PROJECT ADMINISTRATION.--
20 (a) To be eligible to participate in this pilot
21 project, all or a portion of the area must be within:
22 1. The coastal building zone as defined in s. 161.54;
23 and
24 2. A community redevelopment area, enterprise zone,
25 brownfield area, empowerment zone, or other such economically
26 deprived areas as designated by the county or municipality
27 with jurisdiction over the area.
28 (b) Local governments are encouraged to use the full
29 range of economic and tax incentives available to facilitate
30 and promote redevelopment and revitalization within the pilot
31 project areas.
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1 (c) The Office of the Governor, Department of
2 Environmental Protection, and the Department of Community
3 Affairs are directed to provide technical assistance to
4 expedite permitting for redevelopment projects and
5 construction activities within the pilot project areas
6 consistent with the principles, processes, and timeframes
7 provided in s. 403.973.
8 (d) The Department of Environmental Protection shall
9 exempt construction activities within the pilot project area
10 in locations seaward of a coastal construction control line
11 and landward of existing armoring from certain siting and
12 design criteria pursuant to s. 161.053. However, such
13 exemption shall not be deemed to exempt property within the
14 pilot project area from applicable local land development
15 regulations, including but not limited to, setback, side lot
16 line, and lot coverage requirements. Such exemption shall
17 apply to construction and redevelopment of structures
18 involving the coverage, excavation, and impervious surface
19 criteria of s. 161.053, and related adopted rules, as follows:
20 1. This review by the department of applications for
21 permits for coastal construction within the pilot project area
22 must apply to construction and redevelopment of structures
23 subject to the coverage, excavation, and impervious surface
24 criteria of s. 161.053, and related adopted rules. It is the
25 intent of these provisions that the pilot project area be
26 enabled to redevelop in a manner which meets the economic
27 needs of the area while preserving public safety and existing
28 resources, including natural resources.
29 2. The criteria for review under s. 161.053 are
30 applicable within the pilot project area, except that the
31 structures within the pilot project area shall not be subject
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1 to specific shore parallel coverage requirements and are
2 allowed to exceed the 50 percent impervious surface
3 requirement. In no case shall stormwater discharge be allowed
4 onto, or seaward of, the frontal dune. Structures are also not
5 bound by the restrictions on excavation unless the
6 construction will adversely affect the integrity of the
7 existing seawall or rigid coastal armoring structure or
8 stability of the existing beach and dune system. It is
9 specifically contemplated that underground structures,
10 including garages, will be permitted. All beach-compatible
11 material excavated under this subparagraph must be maintained
12 on site seaward of the coastal construction control line.
13 However, during the permit-review process, pursuant to s.
14 161.053, the department may favorably consider authorized sand
15 placement on adjacent properties if the permittee has
16 demonstrated every reasonable effort to effectively use all
17 beach-quality material on site to enhance the beach and dune
18 system, and has prepared a comprehensive plan for beach and
19 dune nourishment for the adjoining area.
20 3. The review criteria in subparagraph 2. will apply
21 to all construction within the pilot project area lying
22 seaward of the coastal construction control line and landward
23 of an existing viable seawall or rigid coastal armoring
24 structure, if such construction is fronted by a seawall or
25 rigid coastal armoring structure extending at least 1,000 feet
26 without any interruptions other than beach access points. For
27 purposes of this section, a viable seawall or rigid coastal
28 armoring structure is a structure that has not deteriorated,
29 dilapidated, or been damaged to such a degree that it no
30 longer provides adequate protection to the upland property
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1 when considering the following criteria, including, but not
2 limited to:
3 a. The top must be at or above the still water level,
4 including setup, for the design storm of 30-year return storm
5 plus the breaking wave calculated at its highest achievable
6 level based on the maximum eroded beach profile and highest
7 surge level combination, and must be high enough to preclude
8 runup overtopping;
9 b. The armoring must be stable under the design storm
10 of 30-year return storm, including maximum localized scour,
11 with adequate penetration; and
12 c. The armoring must have sufficient continuity or
13 return walls to prevent flooding under the design storm of
14 30-year return storm from impacting the proposed construction.
15 4. Where there exists a continuous line of rigid
16 coastal armoring structure on either side of unarmored
17 property and the adjacent line of rigid coastal armoring
18 structures are having an adverse effect on or threaten the
19 unarmored property, and the gap does not exceed 100 feet, the
20 department may grant the necessary permits under s. 161.085 to
21 close the gap.
22 5. Structures approved pursuant to this section shall
23 not cause flooding of or result in adverse impacts to existing
24 upland structures or properties and shall comply with all
25 other requirements of s. 161.053 and its implementing rules.
26 6. Where there exists a continuous line of viable
27 rigid coastal armoring structure on either side of a nonviable
28 rigid coastal armoring structure, the department shall grant
29 the necessary permits under s. 161.085 to replace such
30 nonviable rigid coastal armoring structure with a viable rigid
31 coastal armoring structure as defined in this section. This
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1 shall not apply to rigid coastal armoring structures
2 constructed after May 1, 1998, unless such structures have
3 been permitted pursuant to s. 161.085(2).
4 (3) PILOT PROJECT EXPIRATION.--The authorization for
5 the pilot project and the provisions of this section expire
6 December 31, 2014 2006. The department and affected local
7 governments shall provide for an independent analysis of the
8 economic value and environmental impact of the pilot project
9 and provide a report to the Legislature on or before February
10 1, 2008.
11 Section 4. Subsection (4) of section 381.0065, Florida
12 Statutes, is amended to read:
13 381.0065 Onsite sewage treatment and disposal systems;
14 regulation.--
15 (4) PERMITS; INSTALLATION; AND CONDITIONS.--A person
16 may not construct, repair, modify, abandon, or operate an
17 onsite sewage treatment and disposal system without first
18 obtaining a permit approved by the department. The department
19 may issue permits to carry out this section, but shall not
20 make the issuance of such permits contingent upon prior
21 approval by the Department of Environmental Protection, except
22 that the issuance of a permit for work seaward of the coastal
23 construction control line established under s. 161.053 shall
24 be contingent upon receipt of any required coastal
25 construction control line permit from the Department of
26 Environmental Protection. A construction permit is valid for
27 18 months from the issuance date and may be extended by the
28 department for one 90-day period under rules adopted by the
29 department. A repair permit is valid for 90 days from the date
30 of issuance. An operating permit must be obtained prior to the
31 use of any aerobic treatment unit or if the establishment
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1 generates commercial waste. Buildings or establishments that
2 use an aerobic treatment unit or generate commercial waste
3 shall be inspected by the department at least annually to
4 assure compliance with the terms of the operating permit. The
5 operating permit for a commercial wastewater system is valid
6 for 1 year from the date of issuance and must be renewed
7 annually. The operating permit for an aerobic treatment unit
8 is valid for 2 years from the date of issuance and must be
9 renewed every 2 years. If all information pertaining to the
10 siting, location, and installation conditions or repair of an
11 onsite sewage treatment and disposal system remains the same,
12 a construction or repair permit for the onsite sewage
13 treatment and disposal system may be transferred to another
14 person, if the transferee files, within 60 days after the
15 transfer of ownership, an amended application providing all
16 corrected information and proof of ownership of the property.
17 There is no fee associated with the processing of this
18 supplemental information. A person may not contract to
19 construct, modify, alter, repair, service, abandon, or
20 maintain any portion of an onsite sewage treatment and
21 disposal system without being registered under part III of
22 chapter 489. A property owner who personally performs
23 construction, maintenance, or repairs to a system serving his
24 or her own owner-occupied single-family residence is exempt
25 from registration requirements for performing such
26 construction, maintenance, or repairs on that residence, but
27 is subject to all permitting requirements. A municipality or
28 political subdivision of the state may not issue a building or
29 plumbing permit for any building that requires the use of an
30 onsite sewage treatment and disposal system unless the owner
31 or builder has received a construction permit for such system
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1 from the department. A building or structure may not be
2 occupied and a municipality, political subdivision, or any
3 state or federal agency may not authorize occupancy until the
4 department approves the final installation of the onsite
5 sewage treatment and disposal system. A municipality or
6 political subdivision of the state may not approve any change
7 in occupancy or tenancy of a building that uses an onsite
8 sewage treatment and disposal system until the department has
9 reviewed the use of the system with the proposed change,
10 approved the change, and amended the operating permit.
11 (a) Subdivisions and lots in which each lot has a
12 minimum area of at least one-half acre and either a minimum
13 dimension of 100 feet or a mean of at least 100 feet of the
14 side bordering the street and the distance formed by a line
15 parallel to the side bordering the street drawn between the
16 two most distant points of the remainder of the lot may be
17 developed with a water system regulated under s. 381.0062 and
18 onsite sewage treatment and disposal systems, provided the
19 projected daily sewage flow does not exceed an average of
20 1,500 gallons per acre per day, and provided satisfactory
21 drinking water can be obtained and all distance and setback,
22 soil condition, water table elevation, and other related
23 requirements of this section and rules adopted under this
24 section can be met.
25 (b) Subdivisions and lots using a public water system
26 as defined in s. 403.852 may use onsite sewage treatment and
27 disposal systems, provided there are no more than four lots
28 per acre, provided the projected daily sewage flow does not
29 exceed an average of 2,500 gallons per acre per day, and
30 provided that all distance and setback, soil condition, water
31 table elevation, and other related requirements that are
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1 generally applicable to the use of onsite sewage treatment and
2 disposal systems are met.
3 (c) Notwithstanding the provisions of paragraphs (a)
4 and (b), for subdivisions platted of record on or before
5 October 1, 1991, when a developer or other appropriate entity
6 has previously made or makes provisions, including financial
7 assurances or other commitments, acceptable to the Department
8 of Health, that a central water system will be installed by a
9 regulated public utility based on a density formula, private
10 potable wells may be used with onsite sewage treatment and
11 disposal systems until the agreed-upon densities are reached.
12 The department may consider assurances filed with the
13 Department of Business and Professional Regulation under
14 chapter 498 in determining the adequacy of the financial
15 assurance required by this paragraph. In a subdivision
16 regulated by this paragraph, the average daily sewage flow may
17 not exceed 2,500 gallons per acre per day. This section does
18 not affect the validity of existing prior agreements. After
19 October 1, 1991, the exception provided under this paragraph
20 is not available to a developer or other appropriate entity.
21 (d) Paragraphs (a) and (b) do not apply to any
22 proposed residential subdivision with more than 50 lots or to
23 any proposed commercial subdivision with more than 5 lots
24 where a publicly owned or investor-owned sewerage system is
25 available. It is the intent of this paragraph not to allow
26 development of additional proposed subdivisions in order to
27 evade the requirements of this paragraph.
28 (e) Onsite sewage treatment and disposal systems must
29 not be placed closer than:
30 1. Seventy-five feet from a private potable well.
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1 2. Two hundred feet from a public potable well serving
2 a residential or nonresidential establishment having a total
3 sewage flow of greater than 2,000 gallons per day.
4 3. One hundred feet from a public potable well serving
5 a residential or nonresidential establishment having a total
6 sewage flow of less than or equal to 2,000 gallons per day.
7 4. Fifty feet from any nonpotable well.
8 5. Ten feet from any storm sewer pipe, to the maximum
9 extent possible, but in no instance shall the setback be less
10 than 5 feet.
11 6. Seventy-five feet from the mean high-water line of
12 a tidally influenced surface water body.
13 7. Seventy-five feet from the mean annual flood line
14 of a permanent nontidal surface water body.
15 8. Fifteen feet from the design high-water line of
16 retention areas, detention areas, or swales designed to
17 contain standing or flowing water for less than 72 hours after
18 a rainfall or the design high-water level of normally dry
19 drainage ditches or normally dry individual lot stormwater
20 retention areas.
21 (f) Except as provided under paragraphs (e) and (t),
22 no limitations shall be imposed by rule, relating to the
23 distance between an onsite disposal system and any area that
24 either permanently or temporarily has visible surface water.
25 (g) All provisions of this section and rules adopted
26 under this section relating to soil condition, water table
27 elevation, distance, and other setback requirements must be
28 equally applied to all lots, with the following exceptions:
29 1. Any residential lot that was platted and recorded
30 on or after January 1, 1972, or that is part of a residential
31 subdivision that was approved by the appropriate permitting
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1 agency on or after January 1, 1972, and that was eligible for
2 an onsite sewage treatment and disposal system construction
3 permit on the date of such platting and recording or approval
4 shall be eligible for an onsite sewage treatment and disposal
5 system construction permit, regardless of when the application
6 for a permit is made. If rules in effect at the time the
7 permit application is filed cannot be met, residential lots
8 platted and recorded or approved on or after January 1, 1972,
9 shall, to the maximum extent possible, comply with the rules
10 in effect at the time the permit application is filed. At a
11 minimum, however, those residential lots platted and recorded
12 or approved on or after January 1, 1972, but before January 1,
13 1983, shall comply with those rules in effect on January 1,
14 1983, and those residential lots platted and recorded or
15 approved on or after January 1, 1983, shall comply with those
16 rules in effect at the time of such platting and recording or
17 approval. In determining the maximum extent of compliance with
18 current rules that is possible, the department shall allow
19 structures and appurtenances thereto which were authorized at
20 the time such lots were platted and recorded or approved.
21 2. Lots platted before 1972 are subject to a 50-foot
22 minimum surface water setback and are not subject to lot size
23 requirements. The projected daily flow for onsite sewage
24 treatment and disposal systems for lots platted before 1972
25 may not exceed:
26 a. Two thousand five hundred gallons per acre per day
27 for lots served by public water systems as defined in s.
28 403.852.
29 b. One thousand five hundred gallons per acre per day
30 for lots served by water systems regulated under s. 381.0062.
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1 (h)1. The department may grant variances in hardship
2 cases which may be less restrictive than the provisions
3 specified in this section. If a variance is granted and the
4 onsite sewage treatment and disposal system construction
5 permit has been issued, the variance may be transferred with
6 the system construction permit, if the transferee files,
7 within 60 days after the transfer of ownership, an amended
8 construction permit application providing all corrected
9 information and proof of ownership of the property and if the
10 same variance would have been required for the new owner of
11 the property as was originally granted to the original
12 applicant for the variance. There is no fee associated with
13 the processing of this supplemental information. A variance
14 may not be granted under this section until the department is
15 satisfied that:
16 a. The hardship was not caused intentionally by the
17 action of the applicant;
18 b. No reasonable alternative, taking into
19 consideration factors such as cost, exists for the treatment
20 of the sewage; and
21 c. The discharge from the onsite sewage treatment and
22 disposal system will not adversely affect the health of the
23 applicant or the public or significantly degrade the
24 groundwater or surface waters.
25
26 Where soil conditions, water table elevation, and setback
27 provisions are determined by the department to be
28 satisfactory, special consideration must be given to those
29 lots platted before 1972.
30 2. The department shall appoint and staff a variance
31 review and advisory committee, which shall meet monthly to
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1 recommend agency action on variance requests. The committee
2 shall make its recommendations on variance requests at the
3 meeting in which the application is scheduled for
4 consideration, except for an extraordinary change in
5 circumstances, the receipt of new information that raises new
6 issues, or when the applicant requests an extension. The
7 committee shall consider the criteria in subparagraph 1. in
8 its recommended agency action on variance requests and shall
9 also strive to allow property owners the full use of their
10 land where possible. The committee consists of the following:
11 a. The Division Director for Environmental Health of
12 the department or his or her designee.
13 b. A representative from the county health
14 departments.
15 c. A representative from the home building industry
16 recommended by the Florida Home Builders Association.
17 d. A representative from the septic tank industry
18 recommended by the Florida Onsite Wastewater Association.
19 e. A representative from the Department of
20 Environmental Protection.
21 f. A representative from the real estate industry who
22 is also a developer in this state who develops lots using
23 onsite sewage treatment and disposal systems, recommended by
24 the Florida Association of Realtors.
25 g. A representative from the engineering profession
26 recommended by the Florida Engineering Society.
27
28 Members shall be appointed for a term of 3 years, with such
29 appointments being staggered so that the terms of no more than
30 two members expire in any one year. Members shall serve
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1 without remuneration, but if requested, shall be reimbursed
2 for per diem and travel expenses as provided in s. 112.061.
3 (i) A construction permit may not be issued for an
4 onsite sewage treatment and disposal system in any area zoned
5 or used for industrial or manufacturing purposes, or its
6 equivalent, where a publicly owned or investor-owned sewage
7 treatment system is available, or where a likelihood exists
8 that the system will receive toxic, hazardous, or industrial
9 waste. An existing onsite sewage treatment and disposal system
10 may be repaired if a publicly owned or investor-owned sewerage
11 system is not available within 500 feet of the building sewer
12 stub-out and if system construction and operation standards
13 can be met. This paragraph does not require publicly owned or
14 investor-owned sewerage treatment systems to accept anything
15 other than domestic wastewater.
16 1. A building located in an area zoned or used for
17 industrial or manufacturing purposes, or its equivalent, when
18 such building is served by an onsite sewage treatment and
19 disposal system, must not be occupied until the owner or
20 tenant has obtained written approval from the department. The
21 department shall not grant approval when the proposed use of
22 the system is to dispose of toxic, hazardous, or industrial
23 wastewater or toxic or hazardous chemicals.
24 2. Each person who owns or operates a business or
25 facility in an area zoned or used for industrial or
26 manufacturing purposes, or its equivalent, or who owns or
27 operates a business that has the potential to generate toxic,
28 hazardous, or industrial wastewater or toxic or hazardous
29 chemicals, and uses an onsite sewage treatment and disposal
30 system that is installed on or after July 5, 1989, must obtain
31 an annual system operating permit from the department. A
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1 person who owns or operates a business that uses an onsite
2 sewage treatment and disposal system that was installed and
3 approved before July 5, 1989, need not obtain a system
4 operating permit. However, upon change of ownership or
5 tenancy, the new owner or operator must notify the department
6 of the change, and the new owner or operator must obtain an
7 annual system operating permit, regardless of the date that
8 the system was installed or approved.
9 3. The department shall periodically review and
10 evaluate the continued use of onsite sewage treatment and
11 disposal systems in areas zoned or used for industrial or
12 manufacturing purposes, or its equivalent, and may require the
13 collection and analyses of samples from within and around such
14 systems. If the department finds that toxic or hazardous
15 chemicals or toxic, hazardous, or industrial wastewater have
16 been or are being disposed of through an onsite sewage
17 treatment and disposal system, the department shall initiate
18 enforcement actions against the owner or tenant to ensure
19 adequate cleanup, treatment, and disposal.
20 (j) An onsite sewage treatment and disposal system for
21 a single-family residence that is designed by a professional
22 engineer registered in the state and certified by such
23 engineer as complying with performance criteria adopted by the
24 department must be approved by the department subject to the
25 following:
26 1. The performance criteria applicable to
27 engineer-designed systems must be limited to those necessary
28 to ensure that such systems do not adversely affect the public
29 health or significantly degrade the groundwater or surface
30 water. Such performance criteria shall include consideration
31 of the quality of system effluent, the proposed total sewage
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1 flow per acre, wastewater treatment capabilities of the
2 natural or replaced soil, water quality classification of the
3 potential surface-water-receiving body, and the structural and
4 maintenance viability of the system for the treatment of
5 domestic wastewater. However, performance criteria shall
6 address only the performance of a system and not a system's
7 design.
8 2. The technical review and advisory panel shall
9 assist the department in the development of performance
10 criteria applicable to engineer-designed systems.
11 3. A person electing to utilize an engineer-designed
12 system shall, upon completion of the system design, submit
13 such design, certified by a registered professional engineer,
14 to the county health department. The county health department
15 may utilize an outside consultant to review the
16 engineer-designed system, with the actual cost of such review
17 to be borne by the applicant. Within 5 working days after
18 receiving an engineer-designed system permit application, the
19 county health department shall request additional information
20 if the application is not complete. Within 15 working days
21 after receiving a complete application for an
22 engineer-designed system, the county health department either
23 shall issue the permit or, if it determines that the system
24 does not comply with the performance criteria, shall notify
25 the applicant of that determination and refer the application
26 to the department for a determination as to whether the system
27 should be approved, disapproved, or approved with
28 modification. The department engineer's determination shall
29 prevail over the action of the county health department. The
30 applicant shall be notified in writing of the department's
31
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1 determination and of the applicant's rights to pursue a
2 variance or seek review under the provisions of chapter 120.
3 4. The owner of an engineer-designed performance-based
4 system must maintain a current maintenance service agreement
5 with a maintenance entity permitted by the department. The
6 maintenance entity shall obtain a biennial system operating
7 permit from the department for each system under service
8 contract. The department shall inspect the system at least
9 annually, or on such periodic basis as the fee collected
10 permits, and may collect system-effluent samples if
11 appropriate to determine compliance with the performance
12 criteria. The fee for the biennial operating permit shall be
13 collected beginning with the second year of system operation.
14 The maintenance entity shall inspect each system at least
15 twice each year and shall report quarterly to the department
16 on the number of systems inspected and serviced.
17 5. If an engineer-designed system fails to properly
18 function or fails to meet performance standards, the system
19 shall be re-engineered, if necessary, to bring the system into
20 compliance with the provisions of this section.
21 (k) An innovative system may be approved in
22 conjunction with an engineer-designed site-specific system
23 which is certified by the engineer to meet the
24 performance-based criteria adopted by the department.
25 (l) For the Florida Keys, the department shall adopt a
26 special rule for the construction, installation, modification,
27 operation, repair, maintenance, and performance of onsite
28 sewage treatment and disposal systems which considers the
29 unique soil conditions and which considers water table
30 elevations, densities, and setback requirements. On lots where
31 a setback distance of 75 feet from surface waters, saltmarsh,
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1 and buttonwood association habitat areas cannot be met, an
2 injection well, approved and permitted by the department, may
3 be used for disposal of effluent from onsite sewage treatment
4 and disposal systems.
5 (m) No product sold in the state for use in onsite
6 sewage treatment and disposal systems may contain any
7 substance in concentrations or amounts that would interfere
8 with or prevent the successful operation of such system, or
9 that would cause discharges from such systems to violate
10 applicable water quality standards. The department shall
11 publish criteria for products known or expected to meet the
12 conditions of this paragraph. In the event a product does not
13 meet such criteria, such product may be sold if the
14 manufacturer satisfactorily demonstrates to the department
15 that the conditions of this paragraph are met.
16 (n) Evaluations for determining the seasonal
17 high-water table elevations or the suitability of soils for
18 the use of a new onsite sewage treatment and disposal system
19 shall be performed by department personnel, professional
20 engineers registered in the state, or such other persons with
21 expertise, as defined by rule, in making such evaluations.
22 Evaluations for determining mean annual flood lines shall be
23 performed by those persons identified in paragraph (2)(i). The
24 department shall accept evaluations submitted by professional
25 engineers and such other persons as meet the expertise
26 established by this section or by rule unless the department
27 has a reasonable scientific basis for questioning the accuracy
28 or completeness of the evaluation.
29 (o) The department shall appoint a research review and
30 advisory committee, which shall meet at least semiannually.
31 The committee shall advise the department on directions for
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1 new research, review and rank proposals for research
2 contracts, and review draft research reports and make
3 comments. The committee is comprised of:
4 1. A representative of the Division of Environmental
5 Health of the Department of Health.
6 2. A representative from the septic tank industry.
7 3. A representative from the home building industry.
8 4. A representative from an environmental interest
9 group.
10 5. A representative from the State University System,
11 from a department knowledgeable about onsite sewage treatment
12 and disposal systems.
13 6. A professional engineer registered in this state
14 who has work experience in onsite sewage treatment and
15 disposal systems.
16 7. A representative from the real estate profession.
17 8. A representative from the restaurant industry.
18 9. A consumer.
19
20 Members shall be appointed for a term of 3 years, with the
21 appointments being staggered so that the terms of no more than
22 four members expire in any one year. Members shall serve
23 without remuneration, but are entitled to reimbursement for
24 per diem and travel expenses as provided in s. 112.061.
25 (p) An application for an onsite sewage treatment and
26 disposal system permit shall be completed in full, signed by
27 the owner or the owner's authorized representative, or by a
28 contractor licensed under chapter 489, and shall be
29 accompanied by all required exhibits and fees. No specific
30 documentation of property ownership shall be required as a
31 prerequisite to the review of an application or the issuance
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1 of a permit. The issuance of a permit does not constitute
2 determination by the department of property ownership.
3 (q) The department may not require any form of
4 subdivision analysis of property by an owner, developer, or
5 subdivider prior to submission of an application for an onsite
6 sewage treatment and disposal system.
7 (r) Nothing in this section limits the power of a
8 municipality or county to enforce other laws for the
9 protection of the public health and safety.
10 (s) In the siting of onsite sewage treatment and
11 disposal systems, including drainfields, shoulders, and
12 slopes, guttering shall not be required on single-family
13 residential dwelling units for systems located greater than 5
14 feet from the roof drip line of the house. If guttering is
15 used on residential dwelling units, the downspouts shall be
16 directed away from the drainfield.
17 (t) Notwithstanding the provisions of subparagraph
18 (g)1., onsite sewage treatment and disposal systems located in
19 floodways of the Suwannee and Aucilla Rivers must adhere to
20 the following requirements:
21 1. The absorption surface of the drainfield shall not
22 be subject to flooding based on 10-year flood elevations.
23 Provided, however, for lots or parcels created by the
24 subdivision of land in accordance with applicable local
25 government regulations prior to January 17, 1990, if an
26 applicant cannot construct a drainfield system with the
27 absorption surface of the drainfield at an elevation equal to
28 or above 10-year flood elevation, the department shall issue a
29 permit for an onsite sewage treatment and disposal system
30 within the 10-year floodplain of rivers, streams, and other
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1 bodies of flowing water if all of the following criteria are
2 met:
3 a. The lot is at least one-half acre in size;
4 b. The bottom of the drainfield is at least 36 inches
5 above the 2-year flood elevation; and
6 c. The applicant installs either: a waterless,
7 incinerating, or organic waste composting toilet and a
8 graywater system and drainfield in accordance with department
9 rules; an aerobic treatment unit and drainfield in accordance
10 with department rules; a system approved by the State Health
11 Office that is capable of reducing effluent nitrate by at
12 least 50 percent; or a system approved by the county health
13 department pursuant to department rule other than a system
14 using alternative drainfield materials. The United States
15 Department of Agriculture Soil Conservation Service soil maps,
16 State of Florida Water Management District data, and Federal
17 Emergency Management Agency Flood Insurance maps are resources
18 that shall be used to identify flood-prone areas.
19 2. The use of fill or mounding to elevate a drainfield
20 system out of the 10-year floodplain of rivers, streams, or
21 other bodies of flowing water shall not be permitted if such a
22 system lies within a regulatory floodway of the Suwannee and
23 Aucilla Rivers. In cases where the 10-year flood elevation
24 does not coincide with the boundaries of the regulatory
25 floodway, the regulatory floodway will be considered for the
26 purposes of this subsection to extend at a minimum to the
27 10-year flood elevation.
28 (u) The owner of an aerobic treatment unit system
29 shall maintain a current maintenance service agreement with an
30 aerobic treatment unit maintenance entity permitted by the
31 department. The maintenance entity shall obtain a system
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1 operating permit from the department for each aerobic
2 treatment unit under service contract. The maintenance entity
3 shall inspect each aerobic treatment unit system at least
4 twice each year and shall report quarterly to the department
5 on the number of aerobic treatment unit systems inspected and
6 serviced. The owner shall allow the department to inspect
7 during reasonable hours each aerobic treatment unit system at
8 least annually, and such inspection may include collection and
9 analysis of system-effluent samples for performance criteria
10 established by rule of the department.
11 (v) The department may require the submission of
12 detailed system construction plans that are prepared by a
13 professional engineer registered in this state. The department
14 shall establish by rule criteria for determining when such a
15 submission is required.
16 Section 5. This act shall take effect upon becoming a
17 law.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 CS for SB 2216
3
4 Allows a department, agency, political subdivision, or
municipality to authorize use of sand-filled tubes or similar
5 structures as the core of a restored sand dune feature, and
specifies requirements for applications to use such
6 structures.
7 Clarifies the meaning of "coastal high hazard area" to signify
the area below the elevation of the category one storm surge
8 line, as established by the Sea, Lake and Overland Surges from
Hurricanes (SLOSH) computerized model.
9
Provides a process allowing a local government to elect to
10 comply with Florida Administrative Code rules
9J-5.012(3)(b)(6) and 9J5-.012(3)(b)(7), regarding emergency
11 evacuation goals for the coastal management element of the
local comprehensive plan.
12
Prohibits the location of certain new facilities, such as
13 adult congregate living facilities, community residential
homes, hospitals, or nursing homes, in coastal high-hazard
14 zones.
15 Requires each local government to amend its future land use
map and coastal management element to include the new
16 definition of coastal high hazard area by July 1, 2008.
17 Amends the coastal resort area redevelopment pilot project
found in s. 163.336, F.S., by extending its expiration date to
18 December 31, 2014.
19 Requires that the Department of Environmental Protection and
local governments provide an independent analysis of the
20 economic value and environmental impact of the pilot project
to the Legislature on or before February 1, 2008.
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