HB 7191

1	A bill to be entitled
2	An act relating to the Florida Keys Area; amending s.
3	215.619, F.S.; authorizing the issuance of bonds to be
4	used to finance the cost of constructing sewage facilities
5	in the Florida Keys Area; amending s. 380.0552, F.S.;
6	revising legislative intent relating to the designation of
7	the Florida Keys as an area of critical state concern;
8	revising the procedures for removing the designation;
9	providing for administrative review of such removal rather
10	than judicial review; authorizing the Administration
11	Commission to adopt rules or revise existing rules;
12	revising the principles guiding development; revising
13	compliance requirements for reviewing comprehensive plan
14	amendments; amending s. 381.0065, F.S.; providing
15	additional requirements for onsite sewage treatment and
16	disposal systems in Monroe County; amending s. 403.086,
17	F.S.; providing legislative findings and discharge
18	requirements for wastewater facilities in Monroe County;
19	repealing sections 4, 5, and 6 of ch. 99-395, Laws of
20	Florida, as amended, relating to sewage treatment in the
21	Florida Keys; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Subsection (1) of section 215.619, Florida
26	Statutes, is amended to read:
27	215.619  Bonds for Everglades restoration.-
28	(1)  The issuance of Everglades restoration bonds to
29	finance or refinance the cost of the acquisition and improvement
30	of land, water areas, and related property interests and
31	resources for the purpose of implementing the Comprehensive
32	Everglades Restoration Plan under s. 373.470, the Lake
33	Okeechobee Watershed Protection Plan under s. 373.4595, the
34	Caloosahatchee River Watershed Protection Plan under s.
35	373.4595, the St. Lucie River Watershed Protection Plan under s.
36	373.4595, and the Florida Keys Area of Critical State Concern
37	protection program under ss. 380.05 and 380.0552 in order to
38	restore and conserve natural systems through the implementation
39	of water management projects, including wastewater management
40	projects identified in the "Keys Wastewater Plan," dated
41	November 2007, and submitted to the Florida House of
42	Representatives on December 4, 2007, is authorized in accordance
43	with s. 11(e), Art. VII of the State Constitution.
44	(a)  Everglades restoration bonds, except refunding bonds,
45	may be issued only in fiscal years 2002-2003 through 2019-2020
46	and may not be issued in an amount exceeding $100 million per
47	fiscal year unless:
48	1.(a)  The Department of Environmental Protection has
49	requested additional amounts in order to achieve cost savings or
50	accelerate the purchase of land; or
51	2.(b)  The Legislature authorizes an additional amount of
52	bonds not to exceed $200 million, and limited to $50 million per
53	fiscal year, for no more than 4 fiscal years, specifically for
54	the purpose of funding the Florida Keys Area of Critical State
55	Concern protection program. Proceeds from the bonds shall be
56	managed by the Department of Environmental Protection for the
57	purpose of entering into financial assistance agreements with
58	local governments located in the Florida Keys Area of Critical
59	State Concern to finance or refinance the cost of constructing
60	sewage collection, treatment, and disposal facilities.
61	(b)  The duration of Everglades restoration bonds may not
62	exceed 20 annual maturities, and those bonds must mature by
63	December 31, 2040. Except for refunding bonds, a series of bonds
64	may not be issued unless an amount equal to the debt service
65	coming due in the year of issuance has been appropriated by the
66	Legislature. Beginning July 1, 2010, the Legislature shall
67	analyze the ratio of the state's debt to projected revenues
68	before authorizing the issuance of prior to the authorization to
69	issue any bonds under this section.
70	Section 2.  Subsections (2), (4), (7), and (9) of section
71	380.0552, Florida Statutes, are amended to read:
72	380.0552  Florida Keys Area; protection and designation as
73	area of critical state concern.-
74	(2)  LEGISLATIVE INTENT.-It is hereby declared that the
75	intent of the Legislature to is:
76	(a)  To Establish a land use management system that
77	protects the natural environment of the Florida Keys.
78	(b)  To Establish a land use management system that
79	conserves and promotes the community character of the Florida
80	Keys.
81	(c)  To Establish a land use management system that
82	promotes orderly and balanced growth in accordance with the
83	capacity of available and planned public facilities and
84	services.
85	(d)  To Provide for affordable housing in close proximity
86	to places of employment in the Florida Keys.
87	(e)  To Establish a land use management system that
88	promotes and supports a diverse and sound economic base.
89	(f)  To Protect the constitutional rights of property
90	owners to own, use, and dispose of their real property.
91	(g)  To Promote coordination and efficiency among
92	governmental agencies that have with permitting jurisdiction
93	over land use activities in the Florida Keys.
94	(h)  Promote an appropriate land acquisition and protection
95	strategy for environmentally sensitive lands within the Florida
96	Keys.
97	(i)  Protect and improve the nearshore water quality of the
98	Florida Keys through the construction and operation of
99	wastewater management facilities that meet the requirements of
100	ss. 381.0065(4)(l) and 403.086(10), as applicable.
101	(j)  Ensure that the population of the Florida Keys can be
102	safely evacuated.
103	(4)  REMOVAL OF DESIGNATION.-
104	(a)  Between July 12, 2008, and August 30, 2008, the state
105	land planning agency shall submit a written report to the
106	Administration Commission describing in detail the progress of
107	the Florida Keys Area toward accomplishing the tasks of the work
108	program as defined in paragraph (c) and providing a
109	recommendation as to whether substantial progress toward
110	accomplishing the tasks of the work program has been achieved.
111	Subsequent to receipt of the report, the Administration
112	Commission shall determine, prior to October 1, 2008, whether
113	substantial progress has been achieved toward accomplishing the
114	tasks of the work program. The designation of the Florida Keys
115	Area as an area of critical state concern under this section may
116	be recommended for removal upon fulfilling the legislative
117	intent under subsection (2) and completion of all the work
118	program tasks specified in rules of the Administration
119	Commission shall be removed October 1, 2009, unless the
120	Administration Commission finds, after receipt of the state land
121	planning agency report, that substantial progress has not been
122	achieved toward accomplishing the tasks of the work program. If
123	the designation of the Florida Keys Area as an area of critical
124	state concern is removed, the Administration Commission, within
125	60 days after removal of the designation, shall initiate
126	rulemaking pursuant to chapter 120 to repeal any rules relating
127	to the designation of the Florida Keys Area as an area of
128	critical state concern. If, after receipt of the state land
129	planning agency's report, the Administration Commission finds
130	that substantial progress toward accomplishing the tasks of the
131	work program has not been achieved, the Administration
132	Commission shall provide a written report to the Monroe County
133	Commission within 30 days after making such finding detailing
134	the tasks under the work program that must be accomplished in
135	order for substantial progress to be achieved within the next 12
136	months.
137	(b)  Beginning November 30, 2010, the state land planning
138	agency shall annually submit a written report to the
139	Administration Commission describing the progress of the Florida
140	Keys Area toward completing the work program tasks specified in
141	commission rules. The land planning agency shall recommend
142	removing the Florida Keys Area from being designated as an area
143	of critical state concern to the commission if it determines
144	that:
145	1.  All of the work program tasks have been completed,
146	including construction of, operation of, and connection to
147	central wastewater management facilities pursuant to s.
148	403.086(10) and upgrade of onsite sewage treatment and disposal
149	systems pursuant to s. 381.0065(4)(l);
150	2.  All local comprehensive plans and land development
151	regulations and the administration of such plans and regulations
152	are adequate to protect the Florida Keys Area, fulfill the
153	legislative intent specified in subsection (2), and are
154	consistent with and further the principles guiding development;
155	and
156	3.  A local government has adopted a resolution at a public
157	hearing recommending the removal of the designation.
158	(b)  If the designation of the Florida Keys Area as an area
159	of critical state concern is not removed in accordance with
160	paragraph (a), the state land planning agency shall submit a
161	written annual report to the Administration Commission on
162	November 1 of each year, until such time as the designation is
163	removed, describing the progress of the Florida Keys Area toward
164	accomplishing remaining tasks under the work program and
165	providing a recommendation as to whether substantial progress
166	toward accomplishing the tasks of the work program has been
167	achieved. The Administration Commission shall determine, within
168	45 days after receipt of the annual report, whether substantial
169	progress has been achieved toward accomplishing the remaining
170	tasks of the work program. The designation of the Florida Keys
171	Area as an area of critical state concern under this section
172	shall be removed unless the Administration Commission finds that
173	substantial progress has not been achieved toward accomplishing
174	the tasks of the work program. If the designation of the Florida
175	Keys Area as an area of critical state concern is removed, the
176	Administration Commission, within 60 days after removal of the
177	designation, shall initiate rulemaking pursuant to chapter 120
178	to repeal any rules relating to the designation of the Florida
179	Keys Area as an area of critical state concern. If the
180	Administration Commission finds that substantial progress has
181	not been achieved, the Administration Commission shall provide
182	to the Monroe County Commission, within 30 days after making its
183	finding, a report detailing the tasks under the work program
184	that must be accomplished in order for substantial progress to
185	be achieved within the next 12 months.
186	(c)  After receipt of the state land planning agency report
187	and recommendation, the Administration Commission shall
188	determine whether the requirements have been fulfilled and may
189	remove the designation of the Florida Keys as an area of
190	critical state concern. If the commission removes the
191	designation, it shall initiate rulemaking to repeal any rules
192	relating such designation within 60 days. If, after receipt of
193	the state land planning agency's report and recommendation, the
194	commission finds that the requirements for recommending removal
195	of designation have not been met, the commission shall provide a
196	written report to the local governments within 30 days after
197	making such a finding detailing the tasks that must be completed
198	by the local government.
199	(c)  For purposes of this subsection, the term "work
200	program" means the 10-year work program as set forth in rule 28-
201	20.110, Florida Administrative Code, on January 1, 2006,
202	excluding amendments to the work program that take effect after
203	January 1, 2006.
204	(d)  The determination of the Administration Commission's
205	determination concerning the removal of the designation of the
206	Florida Keys as an area of critical state concern Commission as
207	to whether substantial progress has been made toward
208	accomplishing the tasks of the work program may be judicially
209	reviewed pursuant to chapter 120 86. All proceedings shall be
210	conducted by the Division of Administrative Hearings and must be
211	initiated within 30 days after the commission issues its
212	determination in the circuit court of the judicial circuit where
213	the Administration Commission maintains its headquarters and
214	shall be initiated within 30 days after rendition of the
215	Administration Commission's determination. The Administration
216	Commission's determination as to whether substantial progress
217	has been made toward accomplishing the tasks of the work program
218	shall be upheld if it is supported by competent and substantial
219	evidence and shall not be subject to administrative review under
220	chapter 120.
221	(e)  After removal of the designation of the Florida Keys
222	as an area of critical state concern, the state land planning
223	agency shall review proposed local comprehensive plans, and any
224	amendments to existing comprehensive plans, which are applicable
225	to the Florida Keys Area, the boundaries of which were described
226	in chapter 28-29, Florida Administrative Code, as of January 1,
227	2006, for compliance with subparagraphs 1. and 2., in addition
228	to reviewing proposed local comprehensive plans and amendments
229	for compliance as defined in s. 163.3184. All procedures and
230	penalties described in s. 163.3184 apply to the review conducted
231	pursuant to this paragraph.
232	1.  Adoption of construction schedules for wastewater
233	facilities improvements in the annually adopted capital
234	improvements element and adoption of standards for the
235	construction of wastewater treatment facilities which meet or
236	exceed the criteria of chapter 99-395, Laws of Florida.
237	2.  Adoption of goals, objectives, and policies to protect
238	public safety and welfare in the event of a natural disaster by
239	maintaining a hurricane evacuation clearance time for permanent
240	residents of no more than 24 hours. The hurricane evacuation
241	clearance time shall be determined by a hurricane evacuation
242	study conducted in accordance with a professionally accepted
243	methodology and approved by the state land planning agency.
244	(f)  The Administration Commission may adopt rules or
245	revise existing rules as necessary to administer this
246	subsection.
247	(7)  PRINCIPLES FOR GUIDING DEVELOPMENT.-State, regional,
248	and local agencies and units of government in the Florida Keys
249	Area shall coordinate their plans and conduct their programs and
250	regulatory activities consistent with the principles for guiding
251	development as specified set forth in chapter 27F-8, Florida
252	Administrative Code, as amended effective August 23, 1984, which
253	chapter is hereby adopted and incorporated herein by reference.
254	For the purposes of reviewing the consistency of the adopted
255	plan, or any amendments to that plan, with the principles for
256	guiding development, and any amendments to the principles, the
257	principles shall be construed as a whole and no specific
258	provisions may not provision shall be construed or applied in
259	isolation from the other provisions. However, the principles for
260	guiding development as set forth in chapter 27F-8, Florida
261	Administrative Code, as amended effective August 23, 1984, are
262	repealed 18 months from July 1, 1986. After repeal, the
263	following shall be the principles with which any plan amendments
264	must be consistent with the following principles:
265	(a)  Strengthening To strengthen local government
266	capabilities for managing land use and development so that local
267	government is able to achieve these objectives without
268	continuing the continuation of the area of critical state
269	concern designation.
270	(b)  Protecting To protect shoreline and marine resources,
271	including mangroves, coral reef formations, seagrass beds,
272	wetlands, fish and wildlife, and their habitat.
273	(c)  Protecting To protect upland resources, tropical
274	biological communities, freshwater wetlands, native tropical
275	vegetation (for example, hardwood hammocks and pinelands), dune
276	ridges and beaches, wildlife, and their habitat.
277	(d)  Ensuring To ensure the maximum well-being of the
278	Florida Keys and its citizens through sound economic
279	development.
280	(e)  Limiting To limit the adverse impacts of development
281	on the quality of water throughout the Florida Keys.
282	(f)  Enhancing To enhance natural scenic resources,
283	promoting promote the aesthetic benefits of the natural
284	environment, and ensuring ensure that development is compatible
285	with the unique historic character of the Florida Keys.
286	(g)  Protecting To protect the historical heritage of the
287	Florida Keys.
288	(h)  Protecting To protect the value, efficiency, cost-
289	effectiveness, and amortized life of existing and proposed major
290	public investments, including:
291	1.  The Florida Keys Aqueduct and water supply facilities;
292	2.  Sewage collection, treatment, and disposal facilities;
293	3.  Solid waste collection, treatment, and disposal
294	facilities;
295	4.  Key West Naval Air Station and other military
296	facilities;
297	5.  Transportation facilities;
298	6.  Federal parks, wildlife refuges, and marine
299	sanctuaries;
300	7.  State parks, recreation facilities, aquatic preserves,
301	and other publicly owned properties;
302	8.  City electric service and the Florida Keys Electric Co-
303	op; and
304	9.  Other utilities, as appropriate.
305	(i)  Protecting and improving water quality by providing
306	for the construction, operation, maintenance, and replacement of
307	stormwater management facilities; central sewage collection;
308	treatment and disposal facilities; and the installation and
309	proper operation and maintenance of onsite sewage treatment and
310	disposal systems.
311	(j)  Ensuring the improvement of nearshore water quality by
312	requiring the construction and operation of wastewater
313	management facilities that meet the requirements of s.
314	381.0065(4)(l) and s. 403.086(10), as applicable, and by
315	directing growth to areas served by central wastewater treatment
316	facilities through permit allocation systems.
317	(k)(i)  Limiting To limit the adverse impacts of public
318	investments on the environmental resources of the Florida Keys.
319	(l)(j)  Making To make available adequate affordable
320	housing for all sectors of the population of the Florida Keys.
321	(m)(k)  Providing To provide adequate alternatives for the
322	protection of public safety and welfare in the event of a
323	natural or manmade disaster and for a postdisaster
324	reconstruction plan.
325	(n)(l)  Protecting To protect the public health, safety,
326	and welfare of the citizens of the Florida Keys and maintain the
327	Florida Keys as a unique Florida resource.
328	(9)  MODIFICATION TO PLANS AND REGULATIONS.-
329	(a)  Any land development regulation or element of a local
330	comprehensive plan in the Florida Keys Area may be enacted,
331	amended, or rescinded by a local government, but the enactment,
332	amendment, or rescission becomes shall become effective only
333	upon the approval thereof by the state land planning agency. The
334	state land planning agency shall review the proposed change to
335	determine if it is in compliance with the principles for guiding
336	development specified set forth in chapter 27F-8, Florida
337	Administrative Code, as amended effective August 23, 1984, and
338	must shall either approve or reject the requested changes within
339	60 days after of receipt thereof. Amendments to local
340	comprehensive plans in the Florida Keys Area must also be
341	reviewed for compliance with the following:
342	1.  Construction schedules and detailed capital financing
343	plans for wastewater management improvements in the annually
344	adopted capital improvements element, and standards for the
345	construction of wastewater treatment and disposal facilities or
346	collection systems that meet or exceed the criteria in s.
347	403.086(10) for wastewater treatment and disposal facilities or
348	s. 381.0065(4)(l) for onsite sewage treatment and disposal
349	systems.
350	2.  Goals, objectives, and policies to protect public
351	safety and welfare in the event of a natural disaster by
352	maintaining a hurricane evacuation clearance time for permanent
353	residents of no more than 24 hours. The hurricane evacuation
354	clearance time shall be determined by a hurricane evacuation
355	study conducted in accordance with a professionally accepted
356	methodology and approved by the state land planning agency.
357	(b)  Further, The state land planning agency, after
358	consulting with the appropriate local government, may, no more
359	often than once per a year, recommend to the Administration
360	Commission the enactment, amendment, or rescission of a land
361	development regulation or element of a local comprehensive plan.
362	Within 45 days following the receipt of such recommendation by
363	the state land planning agency, the commission shall reject the
364	recommendation, or accept it with or without modification and
365	adopt it, by rule, including any changes. Any Such local
366	development regulation or plan must shall be in compliance with
367	the principles for guiding development.
368	Section 3.  Paragraph (l) of subsection (4) of section
369	381.0065, Florida Statutes, is amended to read:
370	381.0065  Onsite sewage treatment and disposal systems;
371	regulation.-
372	(4)  PERMITS; INSTALLATION; AND CONDITIONS.-A person may
373	not construct, repair, modify, abandon, or operate an onsite
374	sewage treatment and disposal system without first obtaining a
375	permit approved by the department. The department may issue
376	permits to carry out this section, but shall not make the
377	issuance of such permits contingent upon prior approval by the
378	Department of Environmental Protection, except that the issuance
379	of a permit for work seaward of the coastal construction control
380	line established under s. 161.053 shall be contingent upon
381	receipt of any required coastal construction control line permit
382	from the Department of Environmental Protection. A construction
383	permit is valid for 18 months from the issuance date and may be
384	extended by the department for one 90-day period under rules
385	adopted by the department. A repair permit is valid for 90 days
386	following from the date of issuance. An operating permit must be
387	obtained prior to the use of any aerobic treatment unit or if
388	the establishment generates commercial waste. Buildings or
389	establishments that use an aerobic treatment unit or generate
390	commercial waste shall be inspected by the department at least
391	annually to assure compliance with the terms of the operating
392	permit. The operating permit for a commercial wastewater system
393	is valid for 1 year from the date of issuance and must be
394	renewed annually. The operating permit for an aerobic treatment
395	unit is valid for 2 years from the date of issuance and must be
396	renewed every 2 years. If all information pertaining to the
397	siting, location, and installation conditions or repair of an
398	onsite sewage treatment and disposal system remains the same, a
399	construction or repair permit for the onsite sewage treatment
400	and disposal system may be transferred to another person, if the
401	transferee files, within 60 days after the transfer of
402	ownership, an amended application providing all corrected
403	information and proof of ownership of the property. There is no
404	fee associated with the processing of this supplemental
405	information. A person may not contract to construct, modify,
406	alter, repair, service, abandon, or maintain any portion of an
407	onsite sewage treatment and disposal system without being
408	registered under part III of chapter 489. A property owner who
409	personally performs construction, maintenance, or repairs to a
410	system serving his or her own owner-occupied single-family
411	residence is exempt from registration requirements for
412	performing such construction, maintenance, or repairs on that
413	residence, but is subject to all permitting requirements. A
414	municipality or political subdivision of the state may not issue
415	a building or plumbing permit for any building that requires the
416	use of an onsite sewage treatment and disposal system unless the
417	owner or builder has received a construction permit for such
418	system from the department. A building or structure may not be
419	occupied and a municipality, political subdivision, or any state
420	or federal agency may not authorize occupancy until the
421	department approves the final installation of the onsite sewage
422	treatment and disposal system. A municipality or political
423	subdivision of the state may not approve any change in occupancy
424	or tenancy of a building that uses an onsite sewage treatment
425	and disposal system until the department has reviewed the use of
426	the system with the proposed change, approved the change, and
427	amended the operating permit.
428	(a)  Subdivisions and lots in which each lot has a minimum
429	area of at least one-half acre and either a minimum dimension of
430	100 feet or a mean of at least 100 feet of the side bordering
431	the street and the distance formed by a line parallel to the
432	side bordering the street drawn between the two most distant
433	points of the remainder of the lot may be developed with a water
434	system regulated under s. 381.0062 and onsite sewage treatment
435	and disposal systems, provided the projected daily sewage flow
436	does not exceed an average of 1,500 gallons per acre per day,
437	and provided satisfactory drinking water can be obtained and all
438	distance and setback, soil condition, water table elevation, and
439	other related requirements of this section and rules adopted
440	under this section can be met.
441	(b)  Subdivisions and lots using a public water system as
442	defined in s. 403.852 may use onsite sewage treatment and
443	disposal systems, provided there are no more than four lots per
444	acre, provided the projected daily sewage flow does not exceed
445	an average of 2,500 gallons per acre per day, and provided that
446	all distance and setback, soil condition, water table elevation,
447	and other related requirements that are generally applicable to
448	the use of onsite sewage treatment and disposal systems are met.
449	(c)  Notwithstanding paragraphs (a) and (b), for
450	subdivisions platted of record on or before October 1, 1991,
451	when a developer or other appropriate entity has previously made
452	or makes provisions, including financial assurances or other
453	commitments, acceptable to the Department of Health, that a
454	central water system will be installed by a regulated public
455	utility based on a density formula, private potable wells may be
456	used with onsite sewage treatment and disposal systems until the
457	agreed-upon densities are reached. In a subdivision regulated by
458	this paragraph, the average daily sewage flow may not exceed
459	2,500 gallons per acre per day. This section does not affect the
460	validity of existing prior agreements. After October 1, 1991,
461	the exception provided under this paragraph is not available to
462	a developer or other appropriate entity.
463	(d)  Paragraphs (a) and (b) do not apply to any proposed
464	residential subdivision with more than 50 lots or to any
465	proposed commercial subdivision with more than 5 lots where a
466	publicly owned or investor-owned sewerage system is available.
467	It is the intent of this paragraph not to allow development of
468	additional proposed subdivisions in order to evade the
469	requirements of this paragraph.
470	(e)  Onsite sewage treatment and disposal systems must not
471	be placed closer than:
472	1.  Seventy-five feet from a private potable well.
473	2.  Two hundred feet from a public potable well serving a
474	residential or nonresidential establishment having a total
475	sewage flow of greater than 2,000 gallons per day.
476	3.  One hundred feet from a public potable well serving a
477	residential or nonresidential establishment having a total
478	sewage flow of less than or equal to 2,000 gallons per day.
479	4.  Fifty feet from any nonpotable well.
480	5.  Ten feet from any storm sewer pipe, to the maximum
481	extent possible, but in no instance shall the setback be less
482	than 5 feet.
483	6.  Seventy-five feet from the mean high-water line of a
484	tidally influenced surface water body.
485	7.  Seventy-five feet from the mean annual flood line of a
486	permanent nontidal surface water body.
487	8.  Fifteen feet from the design high-water line of
488	retention areas, detention areas, or swales designed to contain
489	standing or flowing water for less than 72 hours after a
490	rainfall or the design high-water level of normally dry drainage
491	ditches or normally dry individual lot stormwater retention
492	areas.
493	(f)  Except as provided under paragraphs (e) and (t), no
494	limitations shall be imposed by rule, relating to the distance
495	between an onsite disposal system and any area that either
496	permanently or temporarily has visible surface water.
497	(g)  All provisions of this section and rules adopted under
498	this section relating to soil condition, water table elevation,
499	distance, and other setback requirements must be equally applied
500	to all lots, with the following exceptions:
501	1.  Any residential lot that was platted and recorded on or
502	after January 1, 1972, or that is part of a residential
503	subdivision that was approved by the appropriate permitting
504	agency on or after January 1, 1972, and that was eligible for an
505	onsite sewage treatment and disposal system construction permit
506	on the date of such platting and recording or approval shall be
507	eligible for an onsite sewage treatment and disposal system
508	construction permit, regardless of when the application for a
509	permit is made. If rules in effect at the time the permit
510	application is filed cannot be met, residential lots platted and
511	recorded or approved on or after January 1, 1972, shall, to the
512	maximum extent possible, comply with the rules in effect at the
513	time the permit application is filed. At a minimum, however,
514	those residential lots platted and recorded or approved on or
515	after January 1, 1972, but before January 1, 1983, shall comply
516	with those rules in effect on January 1, 1983, and those
517	residential lots platted and recorded or approved on or after
518	January 1, 1983, shall comply with those rules in effect at the
519	time of such platting and recording or approval. In determining
520	the maximum extent of compliance with current rules that is
521	possible, the department shall allow structures and
522	appurtenances thereto which were authorized at the time such
523	lots were platted and recorded or approved.
524	2.  Lots platted before 1972 are subject to a 50-foot
525	minimum surface water setback and are not subject to lot size
526	requirements. The projected daily flow for onsite sewage
527	treatment and disposal systems for lots platted before 1972 may
528	not exceed:
529	a.  Two thousand five hundred gallons per acre per day for
530	lots served by public water systems as defined in s. 403.852.
531	b.  One thousand five hundred gallons per acre per day for
532	lots served by water systems regulated under s. 381.0062.
533	(h)1.  The department may grant variances in hardship cases
534	which may be less restrictive than the provisions specified in
535	this section. If a variance is granted and the onsite sewage
536	treatment and disposal system construction permit has been
537	issued, the variance may be transferred with the system
538	construction permit, if the transferee files, within 60 days
539	after the transfer of ownership, an amended construction permit
540	application providing all corrected information and proof of
541	ownership of the property and if the same variance would have
542	been required for the new owner of the property as was
543	originally granted to the original applicant for the variance.
544	There is no fee associated with the processing of this
545	supplemental information. A variance may not be granted under
546	this section until the department is satisfied that:
547	a.  The hardship was not caused intentionally by the action
548	of the applicant;
549	b.  No reasonable alternative, taking into consideration
550	factors such as cost, exists for the treatment of the sewage;
551	and
552	c.  The discharge from the onsite sewage treatment and
553	disposal system will not adversely affect the health of the
554	applicant or the public or significantly degrade the groundwater
555	or surface waters.
556
557	Where soil conditions, water table elevation, and setback
558	provisions are determined by the department to be satisfactory,
559	special consideration must be given to those lots platted before
560	1972.
561	2.  The department shall appoint and staff a variance
562	review and advisory committee, which shall meet monthly to
563	recommend agency action on variance requests. The committee
564	shall make its recommendations on variance requests at the
565	meeting in which the application is scheduled for consideration,
566	except for an extraordinary change in circumstances, the receipt
567	of new information that raises new issues, or when the applicant
568	requests an extension. The committee shall consider the criteria
569	in subparagraph 1. in its recommended agency action on variance
570	requests and shall also strive to allow property owners the full
571	use of their land where possible. The committee consists of the
572	following:
573	a.  The Division Director for Environmental Health of the
574	department or his or her designee.
575	b.  A representative from the county health departments.
576	c.  A representative from the home building industry
577	recommended by the Florida Home Builders Association.
578	d.  A representative from the septic tank industry
579	recommended by the Florida Onsite Wastewater Association.
580	e.  A representative from the Department of Environmental
581	Protection.
582	f.  A representative from the real estate industry who is
583	also a developer in this state who develops lots using onsite
584	sewage treatment and disposal systems, recommended by the
585	Florida Association of Realtors.
586	g.  A representative from the engineering profession
587	recommended by the Florida Engineering Society.
588
589	Members shall be appointed for a term of 3 years, with such
590	appointments being staggered so that the terms of no more than
591	two members expire in any one year. Members shall serve without
592	remuneration, but if requested, shall be reimbursed for per diem
593	and travel expenses as provided in s. 112.061.
594	(i)  A construction permit may not be issued for an onsite
595	sewage treatment and disposal system in any area zoned or used
596	for industrial or manufacturing purposes, or its equivalent,
597	where a publicly owned or investor-owned sewage treatment system
598	is available, or where a likelihood exists that the system will
599	receive toxic, hazardous, or industrial waste. An existing
600	onsite sewage treatment and disposal system may be repaired if a
601	publicly owned or investor-owned sewerage system is not
602	available within 500 feet of the building sewer stub-out and if
603	system construction and operation standards can be met. This
604	paragraph does not require publicly owned or investor-owned
605	sewerage treatment systems to accept anything other than
606	domestic wastewater.
607	1.  A building located in an area zoned or used for
608	industrial or manufacturing purposes, or its equivalent, when
609	such building is served by an onsite sewage treatment and
610	disposal system, must not be occupied until the owner or tenant
611	has obtained written approval from the department. The
612	department shall not grant approval when the proposed use of the
613	system is to dispose of toxic, hazardous, or industrial
614	wastewater or toxic or hazardous chemicals.
615	2.  Each person who owns or operates a business or facility
616	in an area zoned or used for industrial or manufacturing
617	purposes, or its equivalent, or who owns or operates a business
618	that has the potential to generate toxic, hazardous, or
619	industrial wastewater or toxic or hazardous chemicals, and uses
620	an onsite sewage treatment and disposal system that is installed
621	on or after July 5, 1989, must obtain an annual system operating
622	permit from the department. A person who owns or operates a
623	business that uses an onsite sewage treatment and disposal
624	system that was installed and approved before July 5, 1989, need
625	not obtain a system operating permit. However, upon change of
626	ownership or tenancy, the new owner or operator must notify the
627	department of the change, and the new owner or operator must
628	obtain an annual system operating permit, regardless of the date
629	that the system was installed or approved.
630	3.  The department shall periodically review and evaluate
631	the continued use of onsite sewage treatment and disposal
632	systems in areas zoned or used for industrial or manufacturing
633	purposes, or its equivalent, and may require the collection and
634	analyses of samples from within and around such systems. If the
635	department finds that toxic or hazardous chemicals or toxic,
636	hazardous, or industrial wastewater have been or are being
637	disposed of through an onsite sewage treatment and disposal
638	system, the department shall initiate enforcement actions
639	against the owner or tenant to ensure adequate cleanup,
640	treatment, and disposal.
641	(j)  An onsite sewage treatment and disposal system for a
642	single-family residence that is designed by a professional
643	engineer registered in the state and certified by such engineer
644	as complying with performance criteria adopted by the department
645	must be approved by the department subject to the following:
646	1.  The performance criteria applicable to engineer-
647	designed systems must be limited to those necessary to ensure
648	that such systems do not adversely affect the public health or
649	significantly degrade the groundwater or surface water. Such
650	performance criteria shall include consideration of the quality
651	of system effluent, the proposed total sewage flow per acre,
652	wastewater treatment capabilities of the natural or replaced
653	soil, water quality classification of the potential surface-
654	water-receiving body, and the structural and maintenance
655	viability of the system for the treatment of domestic
656	wastewater. However, performance criteria shall address only the
657	performance of a system and not a system's design.
658	2.  The technical review and advisory panel shall assist
659	the department in the development of performance criteria
660	applicable to engineer-designed systems.
661	3.  A person electing to utilize an engineer-designed
662	system shall, upon completion of the system design, submit such
663	design, certified by a registered professional engineer, to the
664	county health department. The county health department may
665	utilize an outside consultant to review the engineer-designed
666	system, with the actual cost of such review to be borne by the
667	applicant. Within 5 working days after receiving an engineer-
668	designed system permit application, the county health department
669	shall request additional information if the application is not
670	complete. Within 15 working days after receiving a complete
671	application for an engineer-designed system, the county health
672	department either shall issue the permit or, if it determines
673	that the system does not comply with the performance criteria,
674	shall notify the applicant of that determination and refer the
675	application to the department for a determination as to whether
676	the system should be approved, disapproved, or approved with
677	modification. The department engineer's determination shall
678	prevail over the action of the county health department. The
679	applicant shall be notified in writing of the department's
680	determination and of the applicant's rights to pursue a variance
681	or seek review under the provisions of chapter 120.
682	4.  The owner of an engineer-designed performance-based
683	system must maintain a current maintenance service agreement
684	with a maintenance entity permitted by the department. The
685	maintenance entity shall obtain a biennial system operating
686	permit from the department for each system under service
687	contract. The department shall inspect the system at least
688	annually, or on such periodic basis as the fee collected
689	permits, and may collect system-effluent samples if appropriate
690	to determine compliance with the performance criteria. The fee
691	for the biennial operating permit shall be collected beginning
692	with the second year of system operation. The maintenance entity
693	shall inspect each system at least twice each year and shall
694	report quarterly to the department on the number of systems
695	inspected and serviced.
696	5.  If an engineer-designed system fails to properly
697	function or fails to meet performance standards, the system
698	shall be re-engineered, if necessary, to bring the system into
699	compliance with the provisions of this section.
700	(k)  An innovative system may be approved in conjunction
701	with an engineer-designed site-specific system which is
702	certified by the engineer to meet the performance-based criteria
703	adopted by the department.
704	(l)  For the Florida Keys, the department shall adopt a
705	special rule for the construction, installation, modification,
706	operation, repair, maintenance, and performance of onsite sewage
707	treatment and disposal systems which considers the unique soil
708	conditions and which considers water table elevations,
709	densities, and setback requirements. On lots where a setback
710	distance of 75 feet from surface waters, saltmarsh, and
711	buttonwood association habitat areas cannot be met, an injection
712	well, approved and permitted by the department, may be used for
713	disposal of effluent from onsite sewage treatment and disposal
714	systems. The following additional requirements apply to onsite
715	sewage treatment and disposal systems in Monroe County:
716	1.  The county, each municipality, and those special
717	districts established for the purpose of the collection,
718	transmission, treatment, or disposal of sewage shall ensure, in
719	accordance with the specific schedules adopted by the
720	Administration Commission under s. 380.0552, the completion of
721	onsite sewage treatment and disposal system upgrades to meet the
722	requirements of this paragraph.
723	2.  Onsite sewage treatment and disposal systems must cease
724	discharge by December 31, 2015, or must comply with department
725	rules and provide the level of treatment which, on a permitted
726	annual average basis, produces an effluent that contains no more
727	than the following concentrations:
728	a.  Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
729	b.  Suspended Solids of 10 mg/l.
730	c.  Total Nitrogen, expressed as N, of 10 mg/l.
731	d.  Total Phosphorus, expressed as P, of 1 mg/l.
732
733	In addition, onsite sewage treatment and disposal systems
734	discharging to an injection well must provide basic disinfection
735	as defined by department rule.
736	3.  On or after July 1, 2010, all new, modified, and
737	repaired onsite sewage treatment and disposal systems must
738	provide the level of treatment described in subparagraph 2.
739	However, in areas scheduled to be served by central sewer by
740	December 31, 2015, if the property owner has paid a connection
741	fee or assessment for connection to the central sewer system, an
742	onsite sewage treatment and disposal system may be repaired to
743	the following minimum standards:
744	a.  The existing tanks must be pumped and inspected and
745	certified as being watertight and free of defects in accordance
746	with department rule; and
747	b.  A sand-lined drainfield or injection well in accordance
748	with department rule must be installed.
749	4.  Onsite sewage treatment and disposal systems must be
750	monitored for total nitrogen and total phosphorus concentrations
751	as required by department rule.
752	5.  The department shall enforce proper installation,
753	operation, and maintenance of onsite sewage treatment and
754	disposal systems pursuant to this chapter, including ensuring
755	that the appropriate level of treatment described in
756	subparagraph 2. is met.
757	6.  The county, each municipality, and those special
758	districts established for the purpose of collection,
759	transmission, treatment, or disposal of sewage may require
760	connecting onsite sewage treatment and disposal systems to a
761	central sewer system within 30 days after notice of availability
762	of service.
763	(m)  No product sold in the state for use in onsite sewage
764	treatment and disposal systems may contain any substance in
765	concentrations or amounts that would interfere with or prevent
766	the successful operation of such system, or that would cause
767	discharges from such systems to violate applicable water quality
768	standards. The department shall publish criteria for products
769	known or expected to meet the conditions of this paragraph. In
770	the event a product does not meet such criteria, such product
771	may be sold if the manufacturer satisfactorily demonstrates to
772	the department that the conditions of this paragraph are met.
773	(n)  Evaluations for determining the seasonal high-water
774	table elevations or the suitability of soils for the use of a
775	new onsite sewage treatment and disposal system shall be
776	performed by department personnel, professional engineers
777	registered in the state, or such other persons with expertise,
778	as defined by rule, in making such evaluations. Evaluations for
779	determining mean annual flood lines shall be performed by those
780	persons identified in paragraph (2)(i). The department shall
781	accept evaluations submitted by professional engineers and such
782	other persons as meet the expertise established by this section
783	or by rule unless the department has a reasonable scientific
784	basis for questioning the accuracy or completeness of the
785	evaluation.
786	(o)  The department shall appoint a research review and
787	advisory committee, which shall meet at least semiannually. The
788	committee shall advise the department on directions for new
789	research, review and rank proposals for research contracts, and
790	review draft research reports and make comments. The committee
791	is comprised of:
792	1.  A representative of the Division of Environmental
793	Health of the Department of Health.
794	2.  A representative from the septic tank industry.
795	3.  A representative from the home building industry.
796	4.  A representative from an environmental interest group.
797	5.  A representative from the State University System, from
798	a department knowledgeable about onsite sewage treatment and
799	disposal systems.
800	6.  A professional engineer registered in this state who
801	has work experience in onsite sewage treatment and disposal
802	systems.
803	7.  A representative from local government who is
804	knowledgeable about domestic wastewater treatment.
805	8.  A representative from the real estate profession.
806	9.  A representative from the restaurant industry.
807	10.  A consumer.
808
809	Members shall be appointed for a term of 3 years, with the
810	appointments being staggered so that the terms of no more than
811	four members expire in any one year. Members shall serve without
812	remuneration, but are entitled to reimbursement for per diem and
813	travel expenses as provided in s. 112.061.
814	(p)  An application for an onsite sewage treatment and
815	disposal system permit shall be completed in full, signed by the
816	owner or the owner's authorized representative, or by a
817	contractor licensed under chapter 489, and shall be accompanied
818	by all required exhibits and fees. No specific documentation of
819	property ownership shall be required as a prerequisite to the
820	review of an application or the issuance of a permit. The
821	issuance of a permit does not constitute determination by the
822	department of property ownership.
823	(q)  The department may not require any form of subdivision
824	analysis of property by an owner, developer, or subdivider prior
825	to submission of an application for an onsite sewage treatment
826	and disposal system.
827	(r)  Nothing in this section limits the power of a
828	municipality or county to enforce other laws for the protection
829	of the public health and safety.
830	(s)  In the siting of onsite sewage treatment and disposal
831	systems, including drainfields, shoulders, and slopes, guttering
832	shall not be required on single-family residential dwelling
833	units for systems located greater than 5 feet from the roof drip
834	line of the house. If guttering is used on residential dwelling
835	units, the downspouts shall be directed away from the
836	drainfield.
837	(t)  Notwithstanding the provisions of subparagraph (g)1.,
838	onsite sewage treatment and disposal systems located in
839	floodways of the Suwannee and Aucilla Rivers must adhere to the
840	following requirements:
841	1.  The absorption surface of the drainfield shall not be
842	subject to flooding based on 10-year flood elevations. Provided,
843	however, for lots or parcels created by the subdivision of land
844	in accordance with applicable local government regulations prior
845	to January 17, 1990, if an applicant cannot construct a
846	drainfield system with the absorption surface of the drainfield
847	at an elevation equal to or above 10-year flood elevation, the
848	department shall issue a permit for an onsite sewage treatment
849	and disposal system within the 10-year floodplain of rivers,
850	streams, and other bodies of flowing water if all of the
851	following criteria are met:
852	a.  The lot is at least one-half acre in size;
853	b.  The bottom of the drainfield is at least 36 inches
854	above the 2-year flood elevation; and
855	c.  The applicant installs either: a waterless,
856	incinerating, or organic waste composting toilet and a graywater
857	system and drainfield in accordance with department rules; an
858	aerobic treatment unit and drainfield in accordance with
859	department rules; a system approved by the State Health Office
860	that is capable of reducing effluent nitrate by at least 50
861	percent; or a system approved by the county health department
862	pursuant to department rule other than a system using
863	alternative drainfield materials. The United States Department
864	of Agriculture Soil Conservation Service soil maps, State of
865	Florida Water Management District data, and Federal Emergency
866	Management Agency Flood Insurance maps are resources that shall
867	be used to identify flood-prone areas.
868	2.  The use of fill or mounding to elevate a drainfield
869	system out of the 10-year floodplain of rivers, streams, or
870	other bodies of flowing water shall not be permitted if such a
871	system lies within a regulatory floodway of the Suwannee and
872	Aucilla Rivers. In cases where the 10-year flood elevation does
873	not coincide with the boundaries of the regulatory floodway, the
874	regulatory floodway will be considered for the purposes of this
875	subsection to extend at a minimum to the 10-year flood
876	elevation.
877	(u)  The owner of an aerobic treatment unit system shall
878	maintain a current maintenance service agreement with an aerobic
879	treatment unit maintenance entity permitted by the department.
880	The maintenance entity shall obtain a system operating permit
881	from the department for each aerobic treatment unit under
882	service contract. The maintenance entity shall inspect each
883	aerobic treatment unit system at least twice each year and shall
884	report quarterly to the department on the number of aerobic
885	treatment unit systems inspected and serviced. The owner shall
886	allow the department to inspect during reasonable hours each
887	aerobic treatment unit system at least annually, and such
888	inspection may include collection and analysis of system-
889	effluent samples for performance criteria established by rule of
890	the department.
891	(v)  The department may require the submission of detailed
892	system construction plans that are prepared by a professional
893	engineer registered in this state. The department shall
894	establish by rule criteria for determining when such a
895	submission is required.
896	Section 4.  Subsection (10) is added to section 403.086,
897	Florida Statutes, to read:
898	403.086  Sewage disposal facilities; advanced and secondary
899	waste treatment.-
900	(10)  The Legislature finds that the discharge of
901	inadequately treated and managed domestic wastewater from dozens
902	of small wastewater facilities and thousands of septic tanks and
903	other onsite systems in the Florida Keys compromises the quality
904	of the coastal environment, including nearshore and offshore
905	waters, and threatens the quality of life and local economies
906	that depend on those resources. The Legislature also finds that
907	the only practical and cost-effective way to fundamentally
908	improve wastewater management in the Florida Keys is for the
909	local governments in Monroe County, including those special
910	districts established for the purpose of collection,
911	transmission, treatment, or disposal of sewage, to timely
912	complete the wastewater or sewage treatment and disposal
913	facilities initiated under the work program of Administration
914	Commission rule 28-20, Florida Administrative Code, and the
915	Monroe County Sanitary Master Wastewater Plan, dated June 2000.
916	The Legislature therefore declares that the construction and
917	operation of comprehensive central wastewater systems in
918	accordance with this subsection is in the public interest. To
919	give effect to those findings, the requirements of this
920	subsection apply to all domestic wastewater facilities in Monroe
921	County, including privately owned facilities, unless otherwise
922	provided under this subsection.
923	(a)  The discharge of domestic wastewater into surface
924	waters is prohibited.
925	(b)  Monroe County, each municipality, and those special
926	districts established for the purpose of collection,
927	transmission, treatment, or disposal of sewage in Monroe County
928	shall complete the wastewater collection, treatment, and
929	disposal facilities within its jurisdiction designated as hot
930	spots in the Monroe County Sanitary Master Wastewater Plan,
931	dated June 2000, specifically listed in Exhibits 6-1 through 6-3
932	of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
933	of the plan. The required facilities and connections, and any
934	additional facilities or other adjustments required by rules
935	adopted by the Administration Commission under s. 380.0552, must
936	be completed by December 31, 2015, pursuant to specific
937	schedules established by the commission. Domestic wastewater
938	facilities located outside local government and special district
939	service areas must meet the treatment and disposal requirements
940	of this subsection by December 31, 2015.
941	(c)  After December 31, 2015, all new or expanded domestic
942	wastewater discharges must comply with the treatment and
943	disposal requirements of this subsection and department rules.
944	(d)  Wastewater treatment facilities having design
945	capacities:
946	1.  Greater than or equal to 100,000 gallons per day must
947	provide basic disinfection as defined by department rule and the
948	level of treatment which, on a permitted annual average basis,
949	produces an effluent that contains no more than the following
950	concentrations:
951	a.  Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
952	b.  Suspended Solids of 5 mg/l.
953	c.  Total Nitrogen, expressed as N, of 3 mg/l.
954	d.  Total Phosphorus, expressed as P, of 1 mg/l.
955	2.  Less than 100,000 gallons per day must provide basic
956	disinfection as defined by department rule and the level of
957	treatment which, on a permitted annual average basis, produces
958	an effluent that contains no more than the following
959	concentrations:
960	a.  Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
961	b.  Suspended Solids of 10 mg/l.
962	c.  Total Nitrogen, expressed as N, of 10 mg/l.
963	d.  Total Phosphorus, expressed as P, of 1 mg/l.
964	(e)  Class V injection wells, as defined by department or
965	Department of Health rule, must meet the following requirements
966	and otherwise comply with department or Department of Health
967	rules, as applicable:
968	1.  If the design capacity of the facility is less than 1
969	million gallons per day, the injection well must be at least 90
970	feet deep and cased to a minimum depth of 60 feet or to such
971	greater cased depth and total well depth as may be required by
972	department rule.
973	2.  Except as provided in subparagraph 3. for backup wells,
974	if the design capacity of the facility is equal to or greater
975	than 1 million gallons per day, each primary injection well must
976	be cased to a minimum depth of 2,000 feet or to such greater
977	depth as may be required by department rule.
978	3.  If an injection well is used as a backup to a primary
979	injection well, the following conditions apply:
980	a.  The backup well may be used only when the primary
981	injection well is out of service because of equipment failure,
982	power failure, or the need for mechanical integrity testing or
983	repair;
984	b.  The backup well may not be used for more than a total
985	of 500 hours during any 5-year period unless specifically
986	authorized in writing by the department;
987	c.  The backup well must be at least 90 feet deep and cased
988	to a minimum depth of 60 feet, or to such greater cased depth
989	and total well depth as may be required by department rule; and
990	d.  Fluid injected into the backup well must meet the
991	requirements of paragraph (d).
992	(f)  The requirements of paragraphs (d) and (e) do not
993	apply to:
994	1.  Class I injection wells as defined by department rule,
995	including any authorized mechanical integrity tests;
996	2.  Authorized mechanical integrity tests associated with
997	Class V wells as defined by department rule; or
998	3.  The following types of reuse systems authorized by
999	department rule:
1000	a.  Slow-rate land application systems;
1001	b.  Industrial uses of reclaimed water; and
1002	c.  Use of reclaimed water for toilet flushing, fire
1003	protection, vehicle washing, construction dust control, and
1004	decorative water features.
1005
1006	However, disposal systems serving as backups to reuse systems
1007	must comply with the other provisions of this subsection.
1008	(g)  For wastewater treatment facilities in operation as of
1009	July 1, 2010, which are located within areas to be served by
1010	Monroe County, municipalities in Monroe County, or those special
1011	districts established for the purpose of collection,
1012	transmission, treatment, or disposal of sewage but which are
1013	owned by other entities, the requirements of paragraphs (d) and
1014	(e) do not apply until January 1, 2016. Wastewater operating
1015	permits issued pursuant to this chapter and in effect for these
1016	facilities as of June 30, 2010, are extended until December 31,
1017	2015, or until the facility is connected to a local government
1018	central wastewater system, whichever occurs first. Wastewater
1019	treatment facilities in operation after December 31, 2015, must
1020	comply with the treatment and disposal requirements of this
1021	subsection and department rules.
1022	(h)  If it is demonstrated that a discharge, even if the
1023	discharge is otherwise in compliance with this subsection, will
1024	cause or contribute to a violation of state water quality
1025	standards, the department shall:
1026	1.  Require more stringent effluent limitations;
1027	2.  Order the point or method of discharge changed;
1028	3.  Limit the duration or volume of the discharge; or
1029	4.  Prohibit the discharge.
1030	(i)  All sewage treatment facilities must monitor effluent
1031	for total nitrogen and total phosphorus concentration as
1032	required by department rule.
1033	(j)  The department shall require the levels of operator
1034	certification and staffing necessary to ensure proper operation
1035	and maintenance of sewage facilities.
1036	(k)  The department may adopt rules necessary to carry out
1037	this subsection.
1038	(l)  The county, each municipality, and those special
1039	districts established for the purpose of collection,
1040	transmission, treatment, or disposal of sewage may require
1041	connecting wastewater treatment facilities owned by other
1042	entities to a central sewer system within 30 days after notice
1043	of availability of service.
1044	Section 5.  Section 4 of chapter 99-395, Laws of Florida,
1045	as amended by section 6 of chapter 2006-223, Laws of Florida;
1046	section 5 of chapter 99-395, Laws of Florida; and section 6 of
1047	chapter 99-395, Laws of Florida, as amended by section 1 of
1048	chapter 2001-337 and section 1 of chapter 2004-455, Laws of
1049	Florida, are repealed.
1050	Section 6.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.