| 1 | A bill to be entitled |
| 2 | An act relating to onsite sewage treatment and disposal |
| 3 | systems; amending s. 381.0065, F.S.; requiring specified |
| 4 | owners of onsite sewage treatment and disposal systems to |
| 5 | conduct periodic inspections; requiring inspections to be |
| 6 | conducted by licensed contractors or other licensed |
| 7 | professionals; requiring that the licensed contractors and |
| 8 | professionals provide and file certain reports; requiring |
| 9 | a written disclosure statement prior to the transfer or |
| 10 | sale of real property on which an onsite sewage treatment |
| 11 | and disposal system is located; providing for a filing |
| 12 | fee; authorizing the department to take certain action for |
| 13 | noncompliance; amending s. 381.0066, F.S.; establishing |
| 14 | fees for the filing of onsite sewage treatment and |
| 15 | disposal system inspection reports; providing for the |
| 16 | deposit, use, and distribution of fees collected; creating |
| 17 | s. 381.00656, F.S.; requiring the department to administer |
| 18 | a grant program to assist owners in the repair of |
| 19 | specified onsite sewage treatment and disposal systems; |
| 20 | providing eligibility requirements; authorizing the |
| 21 | department to prioritize applications; requiring the |
| 22 | department to adopt rules; requiring the department to |
| 23 | seek to award grants in each fiscal year to the extent of |
| 24 | funds available and carry forward excess funds; providing |
| 25 | an effective date. |
| 26 |
|
| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
|
| 29 | Section 1. Subsection (5) of section 381.0065, Florida |
| 30 | Statutes, is renumbered as subsection (6), and a new subsection |
| 31 | (5) is added to that section, to read: |
| 32 | 381.0065 Onsite sewage treatment and disposal systems; |
| 33 | regulation.-- |
| 34 | (5) PERIODIC INSPECTIONS.--If the owner of an onsite |
| 35 | sewage treatment and disposal system is not required to obtain |
| 36 | an operating permit, the owner must have the system inspected |
| 37 | every 5 years to ensure the system's continued compliance with |
| 38 | this section and the rules adopted hereunder. The inspection |
| 39 | shall be conducted by a septic tank contractor or master septic |
| 40 | tank contractor licensed under part III of chapter 489, a |
| 41 | plumbing contractor licensed under part I of chapter 489, or an |
| 42 | environmental health professional licensed under chapter 381. |
| 43 | (a) Within 30 days after completing an inspection, the |
| 44 | contractor or environmental health professional shall furnish |
| 45 | the owner with an inspection report and shall file a copy of the |
| 46 | report with the department, along with the appropriate filing |
| 47 | fee. The required elements of the inspection, the form for the |
| 48 | inspection report, and the filing fee shall be established by |
| 49 | the department by rule. If the inspection reveals that the |
| 50 | system is not in compliance with this section and the rules |
| 51 | adopted hereunder, the inspection report shall identify the |
| 52 | measures necessary for remediation of the system and notify the |
| 53 | owner of its permitting obligations. |
| 54 | (b) Prior to the transfer or sale of real property on |
| 55 | which an onsite sewage treatment and disposal system is located, |
| 56 | the transferor or seller of the property shall provide a written |
| 57 | disclosure statement to the prospective buyer in the following |
| 58 | form, which may be included in the contract or in a separate |
| 59 | writing: |
| 60 |
|
| 61 | The property being purchased utilizes an onsite wastewater |
| 62 | treatment and disposal system and is subject to mandatory |
| 63 | inspection once every 5 years by a licensed septic tank |
| 64 | contractor, master septic tank contractor, plumbing contractor, |
| 65 | or environmental health professional. This requirement ensures |
| 66 | that the system is performing effectively and is not causing |
| 67 | damage to the environment. If an inspection determines the |
| 68 | system is not in compliance with the rules established by the |
| 69 | Department of Health in chapter 64E-6 of the Florida |
| 70 | Administrative Code, the owner is responsible for any |
| 71 | remediation necessary to bring the system into compliance. |
| 72 | Additional information regarding this requirement can be |
| 73 | obtained from the Department of Health. |
| 74 |
|
| 75 | (c) Failure to comply with the requirements of this |
| 76 | subsection shall not constitute a lien, encumbrance, defect, or |
| 77 | restriction on title to real property, nor shall it create any |
| 78 | cause of action or liability against a real property seller or |
| 79 | title insurer. |
| 80 | (d) The department shall create a database of the |
| 81 | locations of all onsite wastewater systems in Florida within 3 |
| 82 | years after the effective date of this act and may seek an |
| 83 | administrative remedy under subsection (6) against an owner who |
| 84 | fails to comply with the inspection requirements of paragraph |
| 85 | (a), provided, however, that the department may not impose a |
| 86 | fine on any owner unless the owner has received an initial |
| 87 | citation notifying him or her of the violation and has failed to |
| 88 | remedy the violation with 60 days after receipt of that |
| 89 | citation. |
| 90 | Section 2. Paragraph (m) is added to subsection (2) of |
| 91 | section 381.0066, Florida Statues, to read: |
| 92 | 381.0066 Onsite sewage treatment and disposal systems; |
| 93 | fees.-- |
| 94 | (2) The minimum fees in the following fee schedule apply |
| 95 | until changed by rule by the department within the following |
| 96 | limits: |
| 97 | (m) Filing fee for inspection reports pursuant to s. |
| 98 | 381.0065(5): a fee of not less than $50, or more than $100. From |
| 99 | this fee, $10 shall be used to fund and administer the grant |
| 100 | program established in s. 381.00656; up to $5 shall be used to |
| 101 | fund onsite sewage treatment and disposal system research, |
| 102 | demonstration, and training projects; and up to $3 may be used |
| 103 | to educate the public, local governments, building officials, |
| 104 | and construction professionals about available onsite sewage |
| 105 | treatment and disposal systems and their proper maintenance. |
| 106 |
|
| 107 | The funds collected pursuant to this subsection must be |
| 108 | deposited in a trust fund administered by the department, to be |
| 109 | used for the purposes stated in this section and ss. 381.0065 |
| 110 | and 381.00655. |
| 111 | Section 3. Section 381.00656, Florida Statutes, is created |
| 112 | to read: |
| 113 | 381.00656 Grant program for repair of onsite sewage |
| 114 | treatment and disposal systems.--The department shall administer |
| 115 | a grant program to assist owners of onsite sewage treatment and |
| 116 | disposal systems that are found to be in violation of s. |
| 117 | 381.0065 or the rules adopted thereunder. Such grants may be |
| 118 | awarded to an owner for the purpose of repairing and bringing |
| 119 | into compliance a system serving a single-family residence |
| 120 | occupied by the owner and where the family occupying the |
| 121 | residence has an income of less than or equal to 200 percent of |
| 122 | the federal poverty level at the time of application. The |
| 123 | department may prioritize applications for an award of grant |
| 124 | funds based upon the severity of a system's noncompliance, its |
| 125 | relative environmental impact, the income of the family, or any |
| 126 | combination thereof. The department shall adopt rules |
| 127 | establishing the grant application and award process, including |
| 128 | an application form. The department shall seek to make grants in |
| 129 | each fiscal year equal to the total amount of grant funds |
| 130 | available, with any excess used for grant awards in subsequent |
| 131 | years. |
| 132 | Section 4. This act shall take effect July 1, 2007. |