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A bill to be entitled

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An act relating to onsite sewage treatment and disposal

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systems; amending ss. 381.0065 and 381.0068, F.S.;

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providing that a member of local government who is

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knowledgeable about domestic wastewater treatment be added

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to the research review and advisory committee and the

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technical review and advisory panel established by the

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Department of Health for purposes of onsite sewage

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treatment and disposal system regulation; amending s.

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318.0101, F.S.; exempting certain persons who are

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performing site evaluations relating to wastewater

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treatment and disposal systems from having to be certified

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as an environmental health professional by the Department

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of Health; providing that such persons must have completed

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a soils morphology course approved by the department and

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be working under the direct responsible charge of a

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licensed engineer; providing continuing education

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requirements for such persons; providing an effective

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date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Paragraph (o) of subsection (4) of section

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381.0065, Florida Statutes, is amended to read:

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     381.0065  Onsite sewage treatment and disposal systems;

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regulation.--

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     (4)  PERMITS; INSTALLATION; AND CONDITIONS.--A person may

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not construct, repair, modify, abandon, or operate an onsite

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sewage treatment and disposal system without first obtaining a

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permit approved by the department. The department may issue

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permits to carry out this section, but shall not make the

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issuance of such permits contingent upon prior approval by the

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Department of Environmental Protection, except that the issuance

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of a permit for work seaward of the coastal construction control

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line established under s. 161.053 shall be contingent upon

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receipt of any required coastal construction control line permit

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from the Department of Environmental Protection. A construction

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permit is valid for 18 months from the issuance date and may be

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extended by the department for one 90-day period under rules

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adopted by the department. A repair permit is valid for 90 days

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from the date of issuance. An operating permit must be obtained

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prior to the use of any aerobic treatment unit or if the

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establishment generates commercial waste. Buildings or

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establishments that use an aerobic treatment unit or generate

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commercial waste shall be inspected by the department at least

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annually to assure compliance with the terms of the operating

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permit. The operating permit for a commercial wastewater system

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is valid for 1 year from the date of issuance and must be renewed

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annually. The operating permit for an aerobic treatment unit is

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valid for 2 years from the date of issuance and must be renewed

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every 2 years. If all information pertaining to the siting,

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location, and installation conditions or repair of an onsite

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sewage treatment and disposal system remains the same, a

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construction or repair permit for the onsite sewage treatment and

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disposal system may be transferred to another person, if the

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transferee files, within 60 days after the transfer of ownership,

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an amended application providing all corrected information and

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proof of ownership of the property. There is no fee associated

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with the processing of this supplemental information. A person

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may not contract to construct, modify, alter, repair, service,

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abandon, or maintain any portion of an onsite sewage treatment

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and disposal system without being registered under part III of

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chapter 489. A property owner who personally performs

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construction, maintenance, or repairs to a system serving his or

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her own owner-occupied single-family residence is exempt from

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registration requirements for performing such construction,

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maintenance, or repairs on that residence, but is subject to all

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permitting requirements. A municipality or political subdivision

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of the state may not issue a building or plumbing permit for any

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building that requires the use of an onsite sewage treatment and

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disposal system unless the owner or builder has received a

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construction permit for such system from the department. A

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building or structure may not be occupied and a municipality,

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political subdivision, or any state or federal agency may not

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authorize occupancy until the department approves the final

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installation of the onsite sewage treatment and disposal system.

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A municipality or political subdivision of the state may not

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approve any change in occupancy or tenancy of a building that

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uses an onsite sewage treatment and disposal system until the

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department has reviewed the use of the system with the proposed

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change, approved the change, and amended the operating permit.

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     (o)  The department shall appoint a research review and

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advisory committee, which shall meet at least semiannually. The

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committee shall advise the department on directions for new

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research, review and rank proposals for research contracts, and

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review draft research reports and make comments. The committee is

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comprised of:

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     1.  A representative of the Division of Environmental Health

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of the Department of Health.

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     2.  A representative from the septic tank industry.

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     3.  A representative from the home building industry.

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     4.  A representative from an environmental interest group.

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     5.  A representative from the State University System, from

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a department knowledgeable about onsite sewage treatment and

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disposal systems.

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     6.  A professional engineer registered in this state who has

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work experience in onsite sewage treatment and disposal systems.

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     7. A representative from local government who is

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knowledgeable about domestic wastewater treatment.

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     8.7. A representative from the real estate profession.

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     9.8. A representative from the restaurant industry.

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     10.9. A consumer.

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Members shall be appointed for a term of 3 years, with the

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appointments being staggered so that the terms of no more than

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four members expire in any one year. Members shall serve without

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remuneration, but are entitled to reimbursement for per diem and

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travel expenses as provided in s. 112.061.

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     Section 2.  Subsection (2) of section 381.0068, Florida

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Statutes, is amended to read:

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     381.0068  Technical review and advisory panel.--

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     (2)  The primary purpose of the panel is to assist the

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department in rulemaking and decisionmaking by drawing on the

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expertise of representatives from several groups that are

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affected by onsite sewage treatment and disposal systems. The

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panel may also review and comment on any legislation or any

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existing or proposed state policy or issue related to onsite

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sewage treatment and disposal systems. If requested by the panel,

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the chair will advise any affected person or member of the

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Legislature of the panel's position on the legislation or any

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existing or proposed state policy or issue. The chair may also

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take such other action as is appropriate to allow the panel to

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function. At a minimum, the panel shall consist of a soil

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scientist; a professional engineer registered in this state who

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is recommended by the Florida Engineering Society and who has

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work experience in onsite sewage treatment and disposal systems;

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two representatives from the home-building industry recommended

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by the Florida Home Builders Association, including one who is a

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developer in this state who develops lots using onsite sewage

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treatment and disposal systems; a representative from the county

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health departments who has experience permitting and inspecting

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the installation of onsite sewage treatment and disposal systems

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in this state; a representative from the real estate industry who

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is recommended by the Florida Association of Realtors; a consumer

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representative with a science background; two representatives of

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the septic tank industry recommended by the Florida Onsite

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Wastewater Association, including one who is a manufacturer of

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onsite sewage treatment and disposal systems; a representative

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from local government who is knowledgeable about domestic

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wastewater treatment and who is recommended by the Florida

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Association of Counties and the Florida League of Cities; and a

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representative from the environmental health profession who is

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recommended by the Florida Environmental Health Association and

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who is not employed by a county health department. Members are to

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be appointed for a term of 2 years. The panel may also, as

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needed, be expanded to include ad hoc, nonvoting representatives

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who have topic-specific expertise. All rules proposed by the

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department which relate to onsite sewage treatment and disposal

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systems must be presented to the panel for review and comment

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prior to adoption. The panel's position on proposed rules shall

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be made a part of the rulemaking record that is maintained by the

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agency. The panel shall select a chair, who shall serve for a

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period of 1 year and who shall direct, coordinate, and execute

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the duties of the panel. The panel shall also solicit input from

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the department's variance review and advisory committee before

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submitting any comments to the department concerning proposed

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rules. The panel's comments must include any dissenting points of

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view concerning proposed rules. The panel shall hold meetings as

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it determines necessary to conduct its business, except that the

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chair, a quorum of the voting members of the panel, or the

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department may call meetings. The department shall keep minutes

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of all meetings of the panel. Panel members shall serve without

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remuneration, but, if requested, shall be reimbursed for per diem

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and travel expenses as provided in s. 112.061.

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     Section 3.  Subsection (3) of section 381.0101, Florida

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Statutes, is amended to read:

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     381.0101  Environmental health professionals.--

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     (3)  CERTIFICATION REQUIRED.--No person shall perform

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environmental health or sanitary evaluations in any primary

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program area of environmental health without being certified by

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the department as competent to perform such evaluations. The

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requirements of This section does not apply to: shall not be

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mandatory for

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     (a) Persons performing inspections of public food service

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establishments licensed under chapter 509; or.

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     (b) Persons performing site evaluations in order to

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determine proper placement and installation of onsite wastewater

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treatment and disposal systems who have successfully completed a

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department-approved soils morphology course and who are working

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under the direct responsible charge of an engineer licensed under

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chapter 471. Such persons shall receive a minimum of 6 continuing

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education units of department-approved training in soils

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morphology every 2 years.

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     Section 4.  This act shall take effect July 1, 2008.