Senate Bill sb0756
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Florida Senate - 2007 SB 756
By Senator Geller
31-820-07
1 A bill to be entitled
2 An act relating to onsite sewage treatment and
3 disposal systems; amending s. 381.0065, F.S.;
4 requiring periodic inspections of onsite sewage
5 treatment and disposal systems if the owner is
6 not required to obtain an operating permit;
7 requiring the Department of Health to adopt
8 certain rules related to inspections; requiring
9 the department to notify owners whose systems
10 do not comply with department rules or state
11 law; requiring sellers of real property on
12 which an onsite sewage treatment and disposal
13 system is located to notify the buyer of
14 certain requirements in writing; providing that
15 failure to comply with the inspection
16 requirement does not constitute a lien,
17 encumbrance, defect, or restriction on title;
18 providing that failure to comply does not
19 create a cause of action against a seller or
20 title insurer; authorizing the department to
21 seek an administrative remedy for
22 noncompliance; providing conditions that must
23 be met before the department may impose a fine;
24 amending s. 381.0066, F.S.; specifying filing
25 fees for inspection reports; requiring the
26 department to spend specified portions of each
27 filing fee on certain expenditures; creating s.
28 381.00656, F.S.; establishing a grant program
29 for the repair of onsite sewage disposal and
30 treatment systems; providing criteria for
31 qualifying for grants; allowing the department
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Florida Senate - 2007 SB 756
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1 to prioritize grant applications based upon
2 certain criteria; requiring the department to
3 adopt rules establishing application and award
4 processes; providing for the use of excess
5 funds; providing an effective date.
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7 Be It Enacted by the Legislature of the State of Florida:
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9 Section 1. Present subsection (5) of section 381.0065,
10 Florida Statutes, is redesignated as subsection (6), and a new
11 subsection (5) is added to that section, to read:
12 381.0065 Onsite sewage treatment and disposal systems;
13 regulation.--
14 (5) PERIODIC INSPECTIONS.--If the owner of an onsite
15 sewage treatment and disposal system is not required to obtain
16 an operating permit, the owner must have the system inspected
17 every 5 years to ensure the system's continued compliance with
18 this section and the rules adopted under this section. The
19 inspection shall be conducted by a septic tank contractor
20 licensed under part III of chapter 489.
21 (a) Within 30 days after completing an inspection, the
22 contractor shall furnish the owner with an inspection report
23 and shall file a copy of the report with the department, along
24 with the appropriate filing fee. The required elements of the
25 inspection, the form for the inspection report, and the filing
26 fee shall be established by the department by rule. If the
27 inspection reveals that the system is not in compliance with
28 this section and the rules adopted under this section, the
29 inspection report must identify the measures necessary for
30 remediation of the system and notify the owner of its
31 permitting obligations.
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Florida Senate - 2007 SB 756
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1 (b) Before the transfer or sale of real property on
2 which an onsite sewage treatment and disposal system is
3 located, the seller of the property shall provide written
4 notice to the buyer of the requirements of this subsection, in
5 a format adopted by the department by rule, and provide the
6 seller with a copy of the latest inspection report.
7 (c) Failure to comply with the requirements of this
8 subsection does not constitute a lien, encumbrance, defect, or
9 restriction on title to real property, and does not create any
10 cause of action or liability against a real property seller or
11 title insurer.
12 (d) The department may seek an administrative remedy
13 under subsection (6) against an owner who fails to comply with
14 the inspection requirements of paragraph (a); however, the
15 department may not impose a fine against any owner unless the
16 owner has received an initial citation notifying him or her of
17 the violation and the owner has failed to remedy the violation
18 within 60 days after receipt.
19 Section 2. Paragraph (m) is added to subsection (2) of
20 section 381.0066, Florida Statutes, to read:
21 381.0066 Onsite sewage treatment and disposal systems;
22 fees.--
23 (2) The minimum fees in the following fee schedule
24 apply until changed by rule by the department within the
25 following limits:
26 (m) Filing fee for inspection reports pursuant to s.
27 381.0065(5): a fee of not less than $40 or more than $100.
28 From this fee, $10 shall be used to fund and administer the
29 grant program established in s. 381.00656; up to $5 shall be
30 used to fund onsite sewage treatment and disposal system
31 research, demonstration, and training projects; and up to $3
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Florida Senate - 2007 SB 756
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1 may be used for educating the public, local governments,
2 building officials, and construction professionals about
3 available onsite sewage disposal and treatment systems and
4 their proper maintenance.
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6 The funds collected pursuant to this subsection must be
7 deposited in a trust fund administered by the department, to
8 be used for the purposes stated in this section and ss.
9 381.0065 and 381.00655.
10 Section 3. Section 381.00656, Florida Statutes, is
11 created to read:
12 381.00656 Grant program for repair of onsite sewage
13 disposal and treatment systems.--The department shall
14 administer a grant program to assist owners of onsite sewage
15 treatment and disposal systems that are found to be in
16 violation of s. 381.0065 or the rules adopted thereunder. Such
17 grants may be awarded to an owner for the purpose of repairing
18 and bringing into compliance a system serving a single-family
19 residence occupied by the owner, but only where the family
20 occupying the residence has an income of less than or equal to
21 200 percent of the federal poverty level at the time of
22 application. The department may prioritize applications for an
23 award of grant funds based upon the severity of a system's
24 noncompliance, its relative environmental impact, the income
25 of the family, or any combination thereof. The department
26 shall adopt rules establishing the grant application and award
27 process, including an application form. The department shall
28 seek to make grants in each fiscal year equal to the total
29 amount of grant funds available, and any excess funds shall be
30 used for grant awards in subsequent years.
31 Section 4. This act shall take effect July 1, 2008.
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2 SENATE SUMMARY
3 Requires periodic inspections of onsite sewage treatment
and disposal systems under certain circumstances.
4 Requires the Department of Health to adopt certain rules
related to inspections. Requires the department to notify
5 owners whose systems do not comply with department rules
or state law. Requires sellers of real property on which
6 an onsite sewage treatment and disposal system is located
to notify the buyer of certain requirements in writing.
7 Provides that failure to comply with inspection
requirements does not constitute a lien, encumbrance,
8 defect, or restriction on title, and does not create a
cause of action against a seller or title insurer. Allows
9 the department to seek an administrative remedy for
noncompliance. Restricts the department's ability to
10 impose a fine. Specifies filing fees for inspection
reports. Requires the department to spend specified
11 portions of each filing fee on certain expenditures.
Establishes a grant program for repair of onsite sewage
12 disposal and treatment systems. Provides criteria for
qualification for grants. Allows the department to
13 prioritize grant applications based upon certain
criteria. Requires the department to adopt rules
14 establishing application and award processes. Provides
for use of excess funds.
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