Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 820
                                Barcode 467244                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/02/2012           .                                

       The Committee on Budget (Gaetz) recommended the following:
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 220 - 251
    4  and insert:
    5         (x) A governmental entity, including a municipality,
    6  county, or statutorily created commission, may not require an
    7  engineer-designed performance-based treatment system, excluding
    8  a passive engineer-designed performance-based treatment system,
    9  before the completion of the Florida Onsite Sewage Nitrogen
   10  Reduction Strategies Project. This paragraph does not apply to a
   11  governmental entity, including a municipality, county, or
   12  statutorily created commission, which adopted a local law,
   13  ordinance, or regulation on or before January 31, 2012.
   14  Notwithstanding this paragraph, an engineer-designed
   15  performance-based treatment system may be used to meet the
   16  requirements of the variance review and advisory committee
   17  recommendations.
   18         (y)1. An onsite sewage treatment and disposal system is not
   19  considered abandoned if the system is disconnected from a
   20  structure that was made unusable or destroyed following a
   21  disaster and if the system was properly functioning at the time
   22  of disconnection and not adversely affected by the disaster. The
   23  onsite sewage treatment and disposal system may be reconnected
   24  to a rebuilt structure if:
   25         a. The reconnection of the system is to the same type of
   26  structure which contains the same number of bedrooms or fewer,
   27  if the square footage of the structure is less than or equal to
   28  110 percent of the original square footage of the structure that
   29  existed before the disaster;
   30         b. The system is not a sanitary nuisance; and
   31         c. The system has not been altered without prior
   32  authorization.
   33         2. An onsite sewage treatment and disposal system that
   34  serves a property that is foreclosed upon is not considered
   35  abandoned.
   36         (z) If an onsite sewage treatment and disposal system
   37  permittee receives, relies upon, and undertakes construction of
   38  a system based upon a validly issued construction permit under
   39  rules applicable at the time of construction but a change to a
   40  rule occurs within 5 years after the approval of the system for
   41  construction but before the final approval of the system, the
   42  rules applicable and in effect at the time of construction
   43  approval apply at the time of final approval if fundamental site
   44  conditions have not changed between the time of construction
   45  approval and final approval.
   46         (aa) A modification, replacement, or upgrade of an onsite
   47  sewage treatment and disposal system is not required for a
   48  remodeling addition to a single-family home if a bedroom is not
   49  added.
   51  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   52         And the directory clause is amended as follows:
   53         Delete line 74
   54  and insert:
   55  paragraphs (w) through (aa) are added to subsection (4) of that
   57  ================= T I T L E  A M E N D M E N T ================
   58         And the title is amended as follows:
   59         Delete line 9
   60  and insert:
   61         the title of the property; providing conditions under
   62         which governmental entities are prohibited from
   63         requiring certain inspections and systems; providing
   64         applicability; providing an exception; providing
   65         circumstances in