Florida Senate - 2012                                     SB 820
       
       
       
       By Senator Dean
       
       
       
       
       3-00702-12                                             2012820__
    1                        A bill to be entitled                      
    2         An act relating to onsite sewage treatment and
    3         disposal systems; amending s. 381.0065, F.S.; deleting
    4         legislative intent; defining the term “bedroom”;
    5         providing for any permit issued and approved by the
    6         Department of Health for the installation,
    7         modification, or repair of an onsite sewage treatment
    8         and disposal system to transfer with the title of the
    9         property; providing circumstances in which an onsite
   10         sewage treatment and disposal system is not considered
   11         abandoned; providing for the validity of an onsite
   12         sewage treatment and disposal system permit if rules
   13         change before final approval of the constructed
   14         system; providing that a system modification,
   15         replacement, or upgrade is not required unless a
   16         bedroom is added to a single-family home; deleting
   17         provisions requiring the Department of Health to
   18         administer an evaluation and assessment program of
   19         onsite sewage treatment and disposal systems and
   20         requiring property owners to have such systems
   21         evaluated at least once every 5 years; deleting an
   22         obsolete reporting requirement; creating s. 381.00651,
   23         F.S.; requiring a county or municipality containing a
   24         first magnitude spring to adopt by ordinance, under
   25         certain circumstances, the program for the periodic
   26         evaluation and assessment of onsite sewage treatment
   27         and disposal systems; requiring the county or
   28         municipality to notify the Secretary of State of the
   29         ordinance; authorizing a county or municipality, in
   30         specified circumstances, to opt out of certain
   31         requirements by a specified date; authorizing a county
   32         or municipality to adopt or repeal, after a specified
   33         date, an ordinance creating an evaluation and
   34         assessment program; providing criteria for
   35         evaluations, qualified contractors, repair of systems,
   36         exemptions, and notifications; requiring that certain
   37         procedures be used for conducting tank and drainfield
   38         evaluations; providing for certain procedures and
   39         exemptions in special circumstances; providing for
   40         assessment procedures; requiring the county or
   41         municipality to develop a system for collecting data
   42         on evaluations; providing criteria; requiring counties
   43         and municipalities to notify the Secretary of
   44         Environmental Protection that an evaluation program
   45         ordinance is adopted; requiring the department to
   46         notify those counties or municipalities of the use of,
   47         and access to, certain state and federal program
   48         funds; requiring that the department provide certain
   49         guidance and technical assistance to a county or
   50         municipality upon request; repealing s. 381.00656,
   51         F.S., relating to a grant program for the repair of
   52         onsite sewage treatment disposal systems; amending s.
   53         381.0066, F.S.; lowering the permit fees imposed by
   54         the department for certain types of toilets; deleting
   55         provisions relating to an evaluation and assessment
   56         program, to conform to changes made by the act;
   57         providing an effective date.
   58  
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsections (1), (4), (5), (6), and (7) of
   62  section 381.0065, Florida Statues, are amended, present
   63  paragraphs (b) through (p) of subsection (2) of that section are
   64  redesignated as paragraphs (c) through (q), respectively, a new
   65  paragraph (b) is added to that subsection, to read:
   66         381.0065 Onsite sewage treatment and disposal systems;
   67  regulation.—
   68         (1) LEGISLATIVE INTENT.—
   69         (a) It is the intent of the Legislature that proper
   70  management of onsite sewage treatment and disposal systems is
   71  paramount to the health, safety, and welfare of the public. It
   72  is further the intent of the Legislature that the department
   73  shall administer an evaluation program to ensure the operational
   74  condition of the system and identify any failure with the
   75  system.
   76         (b) It is the intent of the Legislature that where a
   77  publicly owned or investor-owned sewerage system is not
   78  available, the department shall issue permits for the
   79  construction, installation, modification, abandonment, or repair
   80  of onsite sewage treatment and disposal systems under conditions
   81  as described in this section and rules adopted under this
   82  section. It is further the intent of the Legislature that the
   83  installation and use of onsite sewage treatment and disposal
   84  systems not adversely affect the public health or significantly
   85  degrade the groundwater or surface water.
   86         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
   87  term:
   88         (b)1. “Bedroom” means a room that can be used for sleeping
   89  and that:
   90         a. For site-built dwellings, has a minimum of 70 square
   91  feet of conditioned space;
   92         b. For manufactured homes, is constructed according to
   93  standards of the United States Department of Housing and Urban
   94  Development and has a minimum square footage of 50 square feet
   95  of floor area;
   96         c. Is located along an exterior wall;
   97         d. Has a closet and a door or an entrance where a door
   98  could be reasonably installed; and
   99         e. Has an emergency means of escape and rescue opening to
  100  the outside.
  101         2. A room is not a bedroom if it is used to access another
  102  room except a bathroom or closet.
  103         3. The term does not include a hallway, bathroom, kitchen,
  104  living room, family room, dining room, den, breakfast nook,
  105  pantry, laundry room, sunroom, recreation room, media/video
  106  room, or exercise room.
  107         4. For the purpose of determining system capacity,
  108  occupancy is calculated at a maximum of two persons per bedroom.
  109         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  110  construct, repair, modify, abandon, or operate an onsite sewage
  111  treatment and disposal system without first obtaining a permit
  112  approved by the department. The department may issue permits to
  113  administer carry out this section, but may shall not make the
  114  issuance of a permit such permits contingent upon prior approval
  115  by the Department of Environmental Protection, except that the
  116  issuance of a permit for work seaward of the coastal
  117  construction control line established under s. 161.053 is shall
  118  be contingent upon receipt of any required coastal construction
  119  control line permit from the Department of Environmental
  120  Protection. A construction permit is valid for 18 months after
  121  from the issuance date and may be extended by the department for
  122  one 90-day period under rules adopted by the department. A
  123  repair permit is valid for 90 days after from the date of
  124  issuance. An operating permit must be obtained before prior to
  125  the use of any aerobic treatment unit or if the establishment
  126  generates commercial waste. Buildings or establishments that use
  127  an aerobic treatment unit or generate commercial waste shall be
  128  inspected by the department at least annually to assure
  129  compliance with the terms of the operating permit. The operating
  130  permit for a commercial wastewater system is valid for 1 year
  131  after from the date of issuance and must be renewed annually.
  132  The operating permit for an aerobic treatment unit is valid for
  133  2 years after from the date of issuance and must be renewed
  134  every 2 years. If all information pertaining to the siting,
  135  location, and installation conditions or repair of an onsite
  136  sewage treatment and disposal system remains the same, a
  137  construction or repair permit for the onsite sewage treatment
  138  and disposal system may be transferred to another person, if the
  139  transferee files, within 60 days after the transfer of
  140  ownership, an amended application providing all corrected
  141  information and proof of ownership of the property. There is no
  142  fee associated with the processing of this supplemental
  143  information. A person may not contract to construct, modify,
  144  alter, repair, service, abandon, or maintain any portion of an
  145  onsite sewage treatment and disposal system without being
  146  registered under part III of chapter 489. A property owner who
  147  personally performs construction, maintenance, or repairs to a
  148  system serving his or her own owner-occupied single-family
  149  residence is exempt from registration requirements for
  150  performing such construction, maintenance, or repairs on that
  151  residence, but is subject to all permitting requirements. A
  152  municipality or political subdivision of the state may not issue
  153  a building or plumbing permit for any building that requires the
  154  use of an onsite sewage treatment and disposal system unless the
  155  owner or builder has received a construction permit for such
  156  system from the department. A building or structure may not be
  157  occupied and a municipality, political subdivision, or any state
  158  or federal agency may not authorize occupancy until the
  159  department approves the final installation of the onsite sewage
  160  treatment and disposal system. A municipality or political
  161  subdivision of the state may not approve any change in occupancy
  162  or tenancy of a building that uses an onsite sewage treatment
  163  and disposal system until the department has reviewed the use of
  164  the system with the proposed change, approved the change, and
  165  amended the operating permit.
  166         (a) Subdivisions and lots in which each lot has a minimum
  167  area of at least one-half acre and either a minimum dimension of
  168  100 feet or a mean of at least 100 feet of the side bordering
  169  the street and the distance formed by a line parallel to the
  170  side bordering the street drawn between the two most distant
  171  points of the remainder of the lot may be developed with a water
  172  system regulated under s. 381.0062 and onsite sewage treatment
  173  and disposal systems, provided the projected daily sewage flow
  174  does not exceed an average of 1,500 gallons per acre per day,
  175  and provided satisfactory drinking water can be obtained and all
  176  distance and setback, soil condition, water table elevation, and
  177  other related requirements of this section and rules adopted
  178  under this section can be met.
  179         (b) Subdivisions and lots using a public water system as
  180  defined in s. 403.852 may use onsite sewage treatment and
  181  disposal systems, provided there are no more than four lots per
  182  acre, provided the projected daily sewage flow does not exceed
  183  an average of 2,500 gallons per acre per day, and provided that
  184  all distance and setback, soil condition, water table elevation,
  185  and other related requirements that are generally applicable to
  186  the use of onsite sewage treatment and disposal systems are met.
  187         (c) Notwithstanding paragraphs (a) and (b), for
  188  subdivisions platted of record on or before October 1, 1991,
  189  when a developer or other appropriate entity has previously made
  190  or makes provisions, including financial assurances or other
  191  commitments, acceptable to the Department of Health, that a
  192  central water system will be installed by a regulated public
  193  utility based on a density formula, private potable wells may be
  194  used with onsite sewage treatment and disposal systems until the
  195  agreed-upon densities are reached. In a subdivision regulated by
  196  this paragraph, the average daily sewage flow may not exceed
  197  2,500 gallons per acre per day. This section does not affect the
  198  validity of existing prior agreements. After October 1, 1991,
  199  the exception provided under this paragraph is not available to
  200  a developer or other appropriate entity.
  201         (d) Paragraphs (a) and (b) do not apply to any proposed
  202  residential subdivision with more than 50 lots or to any
  203  proposed commercial subdivision with more than 5 lots where a
  204  publicly owned or investor-owned sewerage system is available.
  205  It is the intent of this paragraph not to allow development of
  206  additional proposed subdivisions in order to evade the
  207  requirements of this paragraph.
  208         (e) Onsite sewage treatment and disposal systems must not
  209  be placed closer than:
  210         1. Seventy-five feet from a private potable well.
  211         2. Two hundred feet from a public potable well serving a
  212  residential or nonresidential establishment having a total
  213  sewage flow of greater than 2,000 gallons per day.
  214         3. One hundred feet from a public potable well serving a
  215  residential or nonresidential establishment having a total
  216  sewage flow of less than or equal to 2,000 gallons per day.
  217         4. Fifty feet from any nonpotable well.
  218         5. Ten feet from any storm sewer pipe, to the maximum
  219  extent possible, but in no instance shall the setback be less
  220  than 5 feet.
  221         6. Seventy-five feet from the mean high-water line of a
  222  tidally influenced surface water body.
  223         7. Seventy-five feet from the mean annual flood line of a
  224  permanent nontidal surface water body.
  225         8. Fifteen feet from the design high-water line of
  226  retention areas, detention areas, or swales designed to contain
  227  standing or flowing water for less than 72 hours after a
  228  rainfall or the design high-water level of normally dry drainage
  229  ditches or normally dry individual lot stormwater retention
  230  areas.
  231         (f) Except as provided under paragraphs (e) and (t), no
  232  limitations shall be imposed by rule, relating to the distance
  233  between an onsite disposal system and any area that either
  234  permanently or temporarily has visible surface water.
  235         (g) All provisions of this section and rules adopted under
  236  this section relating to soil condition, water table elevation,
  237  distance, and other setback requirements must be equally applied
  238  to all lots, with the following exceptions:
  239         1. Any residential lot that was platted and recorded on or
  240  after January 1, 1972, or that is part of a residential
  241  subdivision that was approved by the appropriate permitting
  242  agency on or after January 1, 1972, and that was eligible for an
  243  onsite sewage treatment and disposal system construction permit
  244  on the date of such platting and recording or approval shall be
  245  eligible for an onsite sewage treatment and disposal system
  246  construction permit, regardless of when the application for a
  247  permit is made. If rules in effect at the time the permit
  248  application is filed cannot be met, residential lots platted and
  249  recorded or approved on or after January 1, 1972, shall, to the
  250  maximum extent possible, comply with the rules in effect at the
  251  time the permit application is filed. At a minimum, however,
  252  those residential lots platted and recorded or approved on or
  253  after January 1, 1972, but before January 1, 1983, shall comply
  254  with those rules in effect on January 1, 1983, and those
  255  residential lots platted and recorded or approved on or after
  256  January 1, 1983, shall comply with those rules in effect at the
  257  time of such platting and recording or approval. In determining
  258  the maximum extent of compliance with current rules that is
  259  possible, the department shall allow structures and
  260  appurtenances thereto which were authorized at the time such
  261  lots were platted and recorded or approved.
  262         2. Lots platted before 1972 are subject to a 50-foot
  263  minimum surface water setback and are not subject to lot size
  264  requirements. The projected daily flow for onsite sewage
  265  treatment and disposal systems for lots platted before 1972 may
  266  not exceed:
  267         a. Two thousand five hundred gallons per acre per day for
  268  lots served by public water systems as defined in s. 403.852.
  269         b. One thousand five hundred gallons per acre per day for
  270  lots served by water systems regulated under s. 381.0062.
  271         (h)1. The department may grant variances in hardship cases
  272  which may be less restrictive than the provisions specified in
  273  this section. If a variance is granted and the onsite sewage
  274  treatment and disposal system construction permit has been
  275  issued, the variance may be transferred with the system
  276  construction permit, if the transferee files, within 60 days
  277  after the transfer of ownership, an amended construction permit
  278  application providing all corrected information and proof of
  279  ownership of the property and if the same variance would have
  280  been required for the new owner of the property as was
  281  originally granted to the original applicant for the variance.
  282  There is no fee associated with the processing of this
  283  supplemental information. A variance may not be granted under
  284  this section until the department is satisfied that:
  285         a. The hardship was not caused intentionally by the action
  286  of the applicant;
  287         b. No reasonable alternative, taking into consideration
  288  factors such as cost, exists for the treatment of the sewage;
  289  and
  290         c. The discharge from the onsite sewage treatment and
  291  disposal system will not adversely affect the health of the
  292  applicant or the public or significantly degrade the groundwater
  293  or surface waters.
  294  
  295  Where soil conditions, water table elevation, and setback
  296  provisions are determined by the department to be satisfactory,
  297  special consideration must be given to those lots platted before
  298  1972.
  299         2. The department shall appoint and staff a variance review
  300  and advisory committee, which shall meet monthly to recommend
  301  agency action on variance requests. The committee shall make its
  302  recommendations on variance requests at the meeting in which the
  303  application is scheduled for consideration, except for an
  304  extraordinary change in circumstances, the receipt of new
  305  information that raises new issues, or when the applicant
  306  requests an extension. The committee shall consider the criteria
  307  in subparagraph 1. in its recommended agency action on variance
  308  requests and shall also strive to allow property owners the full
  309  use of their land where possible. The committee consists of the
  310  following:
  311         a. The Division Director for Environmental Health of the
  312  department or his or her designee.
  313         b. A representative from the county health departments.
  314         c. A representative from the home building industry
  315  recommended by the Florida Home Builders Association.
  316         d. A representative from the septic tank industry
  317  recommended by the Florida Onsite Wastewater Association.
  318         e. A representative from the Department of Environmental
  319  Protection.
  320         f. A representative from the real estate industry who is
  321  also a developer in this state who develops lots using onsite
  322  sewage treatment and disposal systems, recommended by the
  323  Florida Association of Realtors.
  324         g. A representative from the engineering profession
  325  recommended by the Florida Engineering Society.
  326  
  327  Members shall be appointed for a term of 3 years, with such
  328  appointments being staggered so that the terms of no more than
  329  two members expire in any one year. Members shall serve without
  330  remuneration, but if requested, shall be reimbursed for per diem
  331  and travel expenses as provided in s. 112.061.
  332         (i) A construction permit may not be issued for an onsite
  333  sewage treatment and disposal system in any area zoned or used
  334  for industrial or manufacturing purposes, or its equivalent,
  335  where a publicly owned or investor-owned sewage treatment system
  336  is available, or where a likelihood exists that the system will
  337  receive toxic, hazardous, or industrial waste. An existing
  338  onsite sewage treatment and disposal system may be repaired if a
  339  publicly owned or investor-owned sewerage system is not
  340  available within 500 feet of the building sewer stub-out and if
  341  system construction and operation standards can be met. This
  342  paragraph does not require publicly owned or investor-owned
  343  sewerage treatment systems to accept anything other than
  344  domestic wastewater.
  345         1. A building located in an area zoned or used for
  346  industrial or manufacturing purposes, or its equivalent, when
  347  such building is served by an onsite sewage treatment and
  348  disposal system, must not be occupied until the owner or tenant
  349  has obtained written approval from the department. The
  350  department shall not grant approval when the proposed use of the
  351  system is to dispose of toxic, hazardous, or industrial
  352  wastewater or toxic or hazardous chemicals.
  353         2. Each person who owns or operates a business or facility
  354  in an area zoned or used for industrial or manufacturing
  355  purposes, or its equivalent, or who owns or operates a business
  356  that has the potential to generate toxic, hazardous, or
  357  industrial wastewater or toxic or hazardous chemicals, and uses
  358  an onsite sewage treatment and disposal system that is installed
  359  on or after July 5, 1989, must obtain an annual system operating
  360  permit from the department. A person who owns or operates a
  361  business that uses an onsite sewage treatment and disposal
  362  system that was installed and approved before July 5, 1989, need
  363  not obtain a system operating permit. However, upon change of
  364  ownership or tenancy, the new owner or operator must notify the
  365  department of the change, and the new owner or operator must
  366  obtain an annual system operating permit, regardless of the date
  367  that the system was installed or approved.
  368         3. The department shall periodically review and evaluate
  369  the continued use of onsite sewage treatment and disposal
  370  systems in areas zoned or used for industrial or manufacturing
  371  purposes, or its equivalent, and may require the collection and
  372  analyses of samples from within and around such systems. If the
  373  department finds that toxic or hazardous chemicals or toxic,
  374  hazardous, or industrial wastewater have been or are being
  375  disposed of through an onsite sewage treatment and disposal
  376  system, the department shall initiate enforcement actions
  377  against the owner or tenant to ensure adequate cleanup,
  378  treatment, and disposal.
  379         (j) An onsite sewage treatment and disposal system for a
  380  single-family residence that is designed by a professional
  381  engineer registered in the state and certified by such engineer
  382  as complying with performance criteria adopted by the department
  383  must be approved by the department subject to the following:
  384         1. The performance criteria applicable to engineer-designed
  385  systems must be limited to those necessary to ensure that such
  386  systems do not adversely affect the public health or
  387  significantly degrade the groundwater or surface water. Such
  388  performance criteria shall include consideration of the quality
  389  of system effluent, the proposed total sewage flow per acre,
  390  wastewater treatment capabilities of the natural or replaced
  391  soil, water quality classification of the potential surface
  392  water-receiving body, and the structural and maintenance
  393  viability of the system for the treatment of domestic
  394  wastewater. However, performance criteria shall address only the
  395  performance of a system and not a system’s design.
  396         2. The technical review and advisory panel shall assist the
  397  department in the development of performance criteria applicable
  398  to engineer-designed systems.
  399         3. A person electing to utilize an engineer-designed system
  400  shall, upon completion of the system design, submit such design,
  401  certified by a registered professional engineer, to the county
  402  health department. The county health department may utilize an
  403  outside consultant to review the engineer-designed system, with
  404  the actual cost of such review to be borne by the applicant.
  405  Within 5 working days after receiving an engineer-designed
  406  system permit application, the county health department shall
  407  request additional information if the application is not
  408  complete. Within 15 working days after receiving a complete
  409  application for an engineer-designed system, the county health
  410  department either shall issue the permit or, if it determines
  411  that the system does not comply with the performance criteria,
  412  shall notify the applicant of that determination and refer the
  413  application to the department for a determination as to whether
  414  the system should be approved, disapproved, or approved with
  415  modification. The department engineer’s determination shall
  416  prevail over the action of the county health department. The
  417  applicant shall be notified in writing of the department’s
  418  determination and of the applicant’s rights to pursue a variance
  419  or seek review under the provisions of chapter 120.
  420         4. The owner of an engineer-designed performance-based
  421  system must maintain a current maintenance service agreement
  422  with a maintenance entity permitted by the department. The
  423  maintenance entity shall obtain a biennial system operating
  424  permit from the department for each system under service
  425  contract. The department shall inspect the system at least
  426  annually, or on such periodic basis as the fee collected
  427  permits, and may collect system-effluent samples if appropriate
  428  to determine compliance with the performance criteria. The fee
  429  for the biennial operating permit shall be collected beginning
  430  with the second year of system operation. The maintenance entity
  431  shall inspect each system at least twice each year and shall
  432  report quarterly to the department on the number of systems
  433  inspected and serviced.
  434         5. If an engineer-designed system fails to properly
  435  function or fails to meet performance standards, the system
  436  shall be re-engineered, if necessary, to bring the system into
  437  compliance with the provisions of this section.
  438         (k) An innovative system may be approved in conjunction
  439  with an engineer-designed site-specific system which is
  440  certified by the engineer to meet the performance-based criteria
  441  adopted by the department.
  442         (l) For the Florida Keys, the department shall adopt a
  443  special rule for the construction, installation, modification,
  444  operation, repair, maintenance, and performance of onsite sewage
  445  treatment and disposal systems which considers the unique soil
  446  conditions and water table elevations, densities, and setback
  447  requirements. On lots where a setback distance of 75 feet from
  448  surface waters, saltmarsh, and buttonwood association habitat
  449  areas cannot be met, an injection well, approved and permitted
  450  by the department, may be used for disposal of effluent from
  451  onsite sewage treatment and disposal systems. The following
  452  additional requirements apply to onsite sewage treatment and
  453  disposal systems in Monroe County:
  454         1. The county, each municipality, and those special
  455  districts established for the purpose of the collection,
  456  transmission, treatment, or disposal of sewage shall ensure, in
  457  accordance with the specific schedules adopted by the
  458  Administration Commission under s. 380.0552, the completion of
  459  onsite sewage treatment and disposal system upgrades to meet the
  460  requirements of this paragraph.
  461         2. Onsite sewage treatment and disposal systems must cease
  462  discharge by December 31, 2015, or must comply with department
  463  rules and provide the level of treatment which, on a permitted
  464  annual average basis, produces an effluent that contains no more
  465  than the following concentrations:
  466         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  467         b. Suspended Solids of 10 mg/l.
  468         c. Total Nitrogen, expressed as N, of 10 mg/l.
  469         d. Total Phosphorus, expressed as P, of 1 mg/l.
  470  
  471  In addition, onsite sewage treatment and disposal systems
  472  discharging to an injection well must provide basic disinfection
  473  as defined by department rule.
  474         3. On or after July 1, 2010, all new, modified, and
  475  repaired onsite sewage treatment and disposal systems must
  476  provide the level of treatment described in subparagraph 2.
  477  However, in areas scheduled to be served by central sewer by
  478  December 31, 2015, if the property owner has paid a connection
  479  fee or assessment for connection to the central sewer system, an
  480  onsite sewage treatment and disposal system may be repaired to
  481  the following minimum standards:
  482         a. The existing tanks must be pumped and inspected and
  483  certified as being watertight and free of defects in accordance
  484  with department rule; and
  485         b. A sand-lined drainfield or injection well in accordance
  486  with department rule must be installed.
  487         4. Onsite sewage treatment and disposal systems must be
  488  monitored for total nitrogen and total phosphorus concentrations
  489  as required by department rule.
  490         5. The department shall enforce proper installation,
  491  operation, and maintenance of onsite sewage treatment and
  492  disposal systems pursuant to this chapter, including ensuring
  493  that the appropriate level of treatment described in
  494  subparagraph 2. is met.
  495         6. The authority of a local government, including a special
  496  district, to mandate connection of an onsite sewage treatment
  497  and disposal system is governed by s. 4, chapter 99-395, Laws of
  498  Florida.
  499         (m) No product sold in the state for use in onsite sewage
  500  treatment and disposal systems may contain any substance in
  501  concentrations or amounts that would interfere with or prevent
  502  the successful operation of such system, or that would cause
  503  discharges from such systems to violate applicable water quality
  504  standards. The department shall publish criteria for products
  505  known or expected to meet the conditions of this paragraph. In
  506  the event a product does not meet such criteria, such product
  507  may be sold if the manufacturer satisfactorily demonstrates to
  508  the department that the conditions of this paragraph are met.
  509         (n) Evaluations for determining the seasonal high-water
  510  table elevations or the suitability of soils for the use of a
  511  new onsite sewage treatment and disposal system shall be
  512  performed by department personnel, professional engineers
  513  registered in the state, or such other persons with expertise,
  514  as defined by rule, in making such evaluations. Evaluations for
  515  determining mean annual flood lines shall be performed by those
  516  persons identified in paragraph (2)(i). The department shall
  517  accept evaluations submitted by professional engineers and such
  518  other persons as meet the expertise established by this section
  519  or by rule unless the department has a reasonable scientific
  520  basis for questioning the accuracy or completeness of the
  521  evaluation.
  522         (o) The department shall appoint a research review and
  523  advisory committee, which shall meet at least semiannually. The
  524  committee shall advise the department on directions for new
  525  research, review and rank proposals for research contracts, and
  526  review draft research reports and make comments. The committee
  527  is comprised of:
  528         1. A representative of the Division of Environmental Health
  529  of the Department of Health.
  530         2. A representative from the septic tank industry.
  531         3. A representative from the home building industry.
  532         4. A representative from an environmental interest group.
  533         5. A representative from the State University System, from
  534  a department knowledgeable about onsite sewage treatment and
  535  disposal systems.
  536         6. A professional engineer registered in this state who has
  537  work experience in onsite sewage treatment and disposal systems.
  538         7. A representative from local government who is
  539  knowledgeable about domestic wastewater treatment.
  540         8. A representative from the real estate profession.
  541         9. A representative from the restaurant industry.
  542         10. A consumer.
  543  
  544  Members shall be appointed for a term of 3 years, with the
  545  appointments being staggered so that the terms of no more than
  546  four members expire in any one year. Members shall serve without
  547  remuneration, but are entitled to reimbursement for per diem and
  548  travel expenses as provided in s. 112.061.
  549         (p) An application for an onsite sewage treatment and
  550  disposal system permit shall be completed in full, signed by the
  551  owner or the owner’s authorized representative, or by a
  552  contractor licensed under chapter 489, and shall be accompanied
  553  by all required exhibits and fees. No specific documentation of
  554  property ownership shall be required as a prerequisite to the
  555  review of an application or the issuance of a permit. The
  556  issuance of a permit does not constitute determination by the
  557  department of property ownership.
  558         (q) The department may not require any form of subdivision
  559  analysis of property by an owner, developer, or subdivider prior
  560  to submission of an application for an onsite sewage treatment
  561  and disposal system.
  562         (r) Nothing in this section limits the power of a
  563  municipality or county to enforce other laws for the protection
  564  of the public health and safety.
  565         (s) In the siting of onsite sewage treatment and disposal
  566  systems, including drainfields, shoulders, and slopes, guttering
  567  shall not be required on single-family residential dwelling
  568  units for systems located greater than 5 feet from the roof drip
  569  line of the house. If guttering is used on residential dwelling
  570  units, the downspouts shall be directed away from the
  571  drainfield.
  572         (t) Notwithstanding the provisions of subparagraph (g)1.,
  573  onsite sewage treatment and disposal systems located in
  574  floodways of the Suwannee and Aucilla Rivers must adhere to the
  575  following requirements:
  576         1. The absorption surface of the drainfield shall not be
  577  subject to flooding based on 10-year flood elevations. Provided,
  578  however, for lots or parcels created by the subdivision of land
  579  in accordance with applicable local government regulations prior
  580  to January 17, 1990, if an applicant cannot construct a
  581  drainfield system with the absorption surface of the drainfield
  582  at an elevation equal to or above 10-year flood elevation, the
  583  department shall issue a permit for an onsite sewage treatment
  584  and disposal system within the 10-year floodplain of rivers,
  585  streams, and other bodies of flowing water if all of the
  586  following criteria are met:
  587         a. The lot is at least one-half acre in size;
  588         b. The bottom of the drainfield is at least 36 inches above
  589  the 2-year flood elevation; and
  590         c. The applicant installs either: a waterless,
  591  incinerating, or organic waste composting toilet and a graywater
  592  system and drainfield in accordance with department rules; an
  593  aerobic treatment unit and drainfield in accordance with
  594  department rules; a system approved by the State Health Office
  595  that is capable of reducing effluent nitrate by at least 50
  596  percent; or a system approved by the county health department
  597  pursuant to department rule other than a system using
  598  alternative drainfield materials. The United States Department
  599  of Agriculture Soil Conservation Service soil maps, State of
  600  Florida Water Management District data, and Federal Emergency
  601  Management Agency Flood Insurance maps are resources that shall
  602  be used to identify flood-prone areas.
  603         2. The use of fill or mounding to elevate a drainfield
  604  system out of the 10-year floodplain of rivers, streams, or
  605  other bodies of flowing water shall not be permitted if such a
  606  system lies within a regulatory floodway of the Suwannee and
  607  Aucilla Rivers. In cases where the 10-year flood elevation does
  608  not coincide with the boundaries of the regulatory floodway, the
  609  regulatory floodway will be considered for the purposes of this
  610  subsection to extend at a minimum to the 10-year flood
  611  elevation.
  612         (u) The owner of an aerobic treatment unit system shall
  613  maintain a current maintenance service agreement with an aerobic
  614  treatment unit maintenance entity permitted by the department.
  615  The maintenance entity shall obtain a system operating permit
  616  from the department for each aerobic treatment unit under
  617  service contract. The maintenance entity shall inspect each
  618  aerobic treatment unit system at least twice each year and shall
  619  report quarterly to the department on the number of aerobic
  620  treatment unit systems inspected and serviced. The owner shall
  621  allow the department to inspect during reasonable hours each
  622  aerobic treatment unit system at least annually, and such
  623  inspection may include collection and analysis of system
  624  effluent samples for performance criteria established by rule of
  625  the department.
  626         (v) The department may require the submission of detailed
  627  system construction plans that are prepared by a professional
  628  engineer registered in this state. The department shall
  629  establish by rule criteria for determining when such a
  630  submission is required.
  631         (w) A permit issued and approved by the department for the
  632  installation, modification, or repair of an onsite sewage
  633  treatment and disposal system shall transfer with the title to
  634  the property. A title is not encumbered at the time of transfer
  635  by new permit requirements by a governmental entity for an
  636  onsite sewage treatment and disposal system which differ from
  637  the permitting requirements in effect at the time the system was
  638  permitted, modified, or repaired.
  639         (x) An onsite sewage treatment and disposal system is not
  640  considered abandoned if the properly functioning onsite sewage
  641  treatment and disposal system is disconnected from a structure
  642  that was made unusable or destroyed following a disaster and the
  643  system was not adversely affected by the disaster. The onsite
  644  system may be reconnected to a rebuilt structure if:
  645         1. The reconnection of the onsite sewage treatment and
  646  disposal system is to the same type and approximate size of the
  647  rebuilt structure that existed before the disaster;
  648         2. The onsite sewage treatment and disposal system is not a
  649  sanitary nuisance; and
  650         3. The onsite sewage treatment and disposal system has not
  651  been altered without prior authorization.
  652  
  653  An onsite sewage treatment and disposal system serving a
  654  property that is foreclosed upon is not an abandoned system.
  655         (y) If an onsite sewage treatment and disposal system
  656  permittee receives, relies upon, and undertakes construction of
  657  a system based upon a valid construction permit issued pursuant
  658  to rules applicable at the time of construction, but a change to
  659  a rule occurs after the approval of the system for construction,
  660  but before the final approval of the system, the rules
  661  applicable and in effect at the time of the construction
  662  approval apply to the final approval if the fundamental site
  663  conditions have not changed between the time of construction
  664  approval and final approval.
  665         (z) A modification, replacement, or upgrade of an onsite
  666  sewage treatment and disposal system is not required for a
  667  remodeling addition to a single-family home if a bedroom is not
  668  added.
  669         (5) EVALUATION AND ASSESSMENT.—
  670         (a) Beginning July 1, 2011, the department shall administer
  671  an onsite sewage treatment and disposal system evaluation
  672  program for the purpose of assessing the fundamental operational
  673  condition of systems and identifying any failures within the
  674  systems. The department shall adopt rules implementing the
  675  program standards, procedures, and requirements, including, but
  676  not limited to, a schedule for a 5-year evaluation cycle,
  677  requirements for the pump-out of a system or repair of a failing
  678  system, enforcement procedures for failure of a system owner to
  679  obtain an evaluation of the system, and failure of a contractor
  680  to timely submit evaluation results to the department and the
  681  system owner. The department shall ensure statewide
  682  implementation of the evaluation and assessment program by
  683  January 1, 2016.
  684         (b) Owners of an onsite sewage treatment and disposal
  685  system, excluding a system that is required to obtain an
  686  operating permit, shall have the system evaluated at least once
  687  every 5 years to assess the fundamental operational condition of
  688  the system, and identify any failure within the system.
  689         (c) All evaluation procedures must be documented and
  690  nothing in this subsection limits the amount of detail an
  691  evaluator may provide at his or her professional discretion. The
  692  evaluation must include a tank and drainfield evaluation, a
  693  written assessment of the condition of the system, and, if
  694  necessary, a disclosure statement pursuant to the department’s
  695  procedure.
  696         (d)1. Systems being evaluated that were installed prior to
  697  January 1, 1983, shall meet a minimum 6-inch separation from the
  698  bottom of the drainfield to the wettest season water table
  699  elevation as defined by department rule. All drainfield repairs,
  700  replacements or modifications to systems installed prior to
  701  January 1, 1983, shall meet a minimum 12-inch separation from
  702  the bottom of the drainfield to the wettest season water table
  703  elevation as defined by department rule.
  704         2. Systems being evaluated that were installed on or after
  705  January 1, 1983, shall meet a minimum 12-inch separation from
  706  the bottom of the drainfield to the wettest season water table
  707  elevation as defined by department rule. All drainfield repairs,
  708  replacements or modification to systems developed on or after
  709  January 1, 1983, shall meet a minimum 24-inch separation from
  710  the bottom of the drainfield to the wettest season water table
  711  elevation.
  712         (e) If documentation of a tank pump-out or a permitted new
  713  installation, repair, or modification of the system within the
  714  previous 5 years is provided, and states the capacity of the
  715  tank and indicates that the condition of the tank is not a
  716  sanitary or public health nuisance pursuant to department rule,
  717  a pump-out of the system is not required.
  718         (f) Owners are responsible for paying the cost of any
  719  required pump-out, repair, or replacement pursuant to department
  720  rule, and may not request partial evaluation or the omission of
  721  portions of the evaluation.
  722         (g) Each evaluation or pump-out required under this
  723  subsection must be performed by a septic tank contractor or
  724  master septic tank contractor registered under part III of
  725  chapter 489, a professional engineer with wastewater treatment
  726  system experience licensed pursuant to chapter 471, or an
  727  environmental health professional certified under chapter 381 in
  728  the area of onsite sewage treatment and disposal system
  729  evaluation.
  730         (h) The evaluation report fee collected pursuant to s.
  731  381.0066(2)(b) shall be remitted to the department by the
  732  evaluator at the time the report is submitted.
  733         (i) Prior to any evaluation deadline, the department must
  734  provide a minimum of 60 days’ notice to owners that their
  735  systems must be evaluated by that deadline. The department may
  736  include a copy of any homeowner educational materials developed
  737  pursuant to this section which provides information on the
  738  proper maintenance of onsite sewage treatment and disposal
  739  systems.
  740         (5)(6) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.—
  741         (a) Department personnel who have reason to believe
  742  noncompliance exists, may at any reasonable time, enter the
  743  premises permitted under ss. 381.0065-381.0066, or the business
  744  premises of any septic tank contractor or master septic tank
  745  contractor registered under part III of chapter 489, or any
  746  premises that the department has reason to believe is being
  747  operated or maintained not in compliance, to determine
  748  compliance with the provisions of this section, part I of
  749  chapter 386, or part III of chapter 489 or rules or standards
  750  adopted under ss. 381.0065-381.0067, part I of chapter 386, or
  751  part III of chapter 489. As used in this paragraph, the term
  752  “premises” does not include a residence or private building. To
  753  gain entry to a residence or private building, the department
  754  must obtain permission from the owner or occupant or secure an
  755  inspection warrant from a court of competent jurisdiction.
  756         (b)1. The department may issue citations that may contain
  757  an order of correction or an order to pay a fine, or both, for
  758  violations of ss. 381.0065-381.0067, part I of chapter 386, or
  759  part III of chapter 489 or the rules adopted by the department,
  760  when a violation of these sections or rules is enforceable by an
  761  administrative or civil remedy, or when a violation of these
  762  sections or rules is a misdemeanor of the second degree. A
  763  citation issued under ss. 381.0065-381.0067, part I of chapter
  764  386, or part III of chapter 489 constitutes a notice of proposed
  765  agency action.
  766         2. A citation must be in writing and must describe the
  767  particular nature of the violation, including specific reference
  768  to the provisions of law or rule allegedly violated.
  769         3. The fines imposed by a citation issued by the department
  770  may not exceed $500 for each violation. Each day the violation
  771  exists constitutes a separate violation for which a citation may
  772  be issued.
  773         4. The department shall inform the recipient, by written
  774  notice pursuant to ss. 120.569 and 120.57, of the right to an
  775  administrative hearing to contest the citation within 21 days
  776  after the date the citation is received. The citation must
  777  contain a conspicuous statement that if the recipient fails to
  778  pay the fine within the time allowed, or fails to appear to
  779  contest the citation after having requested a hearing, the
  780  recipient has waived the recipient’s right to contest the
  781  citation and must pay an amount up to the maximum fine.
  782         5. The department may reduce or waive the fine imposed by
  783  the citation. In determining whether to reduce or waive the
  784  fine, the department must consider the gravity of the violation,
  785  the person’s attempts at correcting the violation, and the
  786  person’s history of previous violations including violations for
  787  which enforcement actions were taken under ss. 381.0065
  788  381.0067, part I of chapter 386, part III of chapter 489, or
  789  other provisions of law or rule.
  790         6. Any person who willfully refuses to sign and accept a
  791  citation issued by the department commits a misdemeanor of the
  792  second degree, punishable as provided in s. 775.082 or s.
  793  775.083.
  794         7. The department, pursuant to ss. 381.0065-381.0067, part
  795  I of chapter 386, or part III of chapter 489, shall deposit any
  796  fines it collects in the county health department trust fund for
  797  use in providing services specified in those sections.
  798         8. This section provides an alternative means of enforcing
  799  ss. 381.0065-381.0067, part I of chapter 386, and part III of
  800  chapter 489. This section does not prohibit the department from
  801  enforcing ss. 381.0065-381.0067, part I of chapter 386, or part
  802  III of chapter 489, or its rules, by any other means. However,
  803  the department must elect to use only a single method of
  804  enforcement for each violation.
  805         (6)(7) LAND APPLICATION OF SEPTAGE PROHIBITED.—Effective
  806  January 1, 2016, the land application of septage from onsite
  807  sewage treatment and disposal systems is prohibited. By February
  808  1, 2011, the department, in consultation with the Department of
  809  Environmental Protection, shall provide a report to the
  810  Governor, the President of the Senate, and the Speaker of the
  811  House of Representatives, recommending alternative methods to
  812  establish enhanced treatment levels for the land application of
  813  septage from onsite sewage and disposal systems. The report
  814  shall include, but is not limited to, a schedule for the
  815  reduction in land application, appropriate treatment levels,
  816  alternative methods for treatment and disposal, enhanced
  817  application site permitting requirements including any
  818  requirements for nutrient management plans, and the range of
  819  costs to local governments, affected businesses, and individuals
  820  for alternative treatment and disposal methods. The report shall
  821  also include any recommendations for legislation or rule
  822  authority needed to reduce land application of septage.
  823         Section 2. Section 381.00651, Florida Statutes, is created
  824  to read:
  825         381.00651 Periodic evaluation and assessment of onsite
  826  sewage treatment and disposal systems.—
  827         (1) For the purposes of this section, the term “first
  828  magnitude spring” means a spring that has a median water
  829  discharge of greater than or equal to 100 cubic feet per second
  830  for the period of record, as determined by the Department of
  831  Environmental Protection.
  832         (2) Effective July 1, 2012, a county or municipality
  833  containing a first magnitude spring that has not adopted an
  834  onsite sewage treatment and disposal system evaluation and
  835  assessment program, or that does not opt out of this section,
  836  shall develop and adopt by ordinance a local onsite sewage
  837  treatment and disposal system evaluation and assessment program
  838  that meets the requirements of this section within all or part
  839  of its geographic area. A county or municipality that does not
  840  contain a first magnitude spring may develop and adopt by
  841  ordinance a local onsite sewage treatment and disposal system
  842  evaluation and assessment program that meets the requirements of
  843  this section within all or part of its geographic area. A county
  844  or municipality that has adopted such a program before July 1,
  845  2012, may continue to enforce its program. A county or
  846  municipality that does not opt out of this section shall notify
  847  the Secretary of State by letter of the adoption of the
  848  ordinance pursuant to this section. By a majority vote of the
  849  local governing body, a county or municipality containing a
  850  first magnitude spring may opt out of the requirements of this
  851  section at any time before January 1, 2013, by adopting a
  852  separate resolution. The resolution shall be directed to and
  853  filed with the Secretary of State and shall state the intent of
  854  the county or municipality not to adopt an onsite sewage
  855  treatment and disposal system evaluation and assessment program.
  856  Absent an interlocal agreement or county charter provision to
  857  the contrary, a municipality may elect to opt out of the
  858  requirements of this section notwithstanding the decision of the
  859  governing body of the county in which the municipality is
  860  located. A county or municipality may subsequently adopt an
  861  ordinance imposing an onsite sewage treatment and disposal
  862  system evaluation and assessment program if the program meets
  863  the requirements of this section. A county or municipality may
  864  repeal an ordinance adopted pursuant to this section if the
  865  county or municipality notifies the Secretary of State by letter
  866  of the repeal. A local ordinance may not deviate from or exceed
  867  the substantive requirements of this section. The adopted
  868  ordinance shall provide that:
  869         (a)1.Once every 5 years, each septic tank located within
  870  all or part of the jurisdiction of the county or municipality is
  871  evaluated to assess the fundamental operational condition of the
  872  system and to identify system failures. The ordinance may not
  873  mandate an evaluation at the point of sale in a real estate
  874  transaction and may not require a soil examination.
  875         2. The location of each onsite sewage treatment and
  876  disposal system is identified within the boundary of the county
  877  or municipality.
  878         3. A tank and drainfield is evaluated and a written
  879  assessment of the overall condition of the system pursuant to
  880  the assessment procedure prescribed in paragraph (c) is provided
  881  to the county or municipality.
  882         (b) The evaluation required under this subsection is
  883  performed by a septic tank contractor or master septic tank
  884  contractor registered under part III of chapter 489, a
  885  professional engineer having wastewater treatment system
  886  experience and licensed pursuant to chapter 471, or an
  887  environmental health professional certified under this chapter
  888  in the area of onsite sewage treatment and disposal system
  889  evaluation. Evaluations and pump outs may also be performed by
  890  an authorized employee working under the supervision of the
  891  individuals listed in this paragraph; however, all evaluation
  892  forms must be written or electronically signed by a qualified
  893  contractor.
  894         (c)1. A repair, modification, or replacement of a system as
  895  a result of an evaluation is not required unless the evaluation
  896  identifies a system failure. For purposes of this subsection,
  897  the term “system failure” is a condition existing within an
  898  onsite sewage treatment and disposal system which results in the
  899  discharge of untreated or partially treated wastewater onto the
  900  ground surface, into surface water, or into groundwater, or that
  901  results in a sanitary nuisance caused by the failure of building
  902  plumbing to discharge properly. The term also includes failure
  903  to achieve the required minimum separation from the bottom of
  904  the drainfield to the wettest-season water table as determined
  905  by department rule. For a system installed before January 1,
  906  1983, the minimum separation from the bottom of the drainfield
  907  to the wettest-season water table is 6 inches. For a system
  908  installed on or after January 1, 1983, the minimum separation
  909  from the bottom of the drainfield to the wettest-season water
  910  table is 12 inches as determined by department rule. Repairs to
  911  the drainfield of a system installed before January 1, 1983,
  912  must achieve a minimum separation of 12 inches from the bottom
  913  of the drainfield to the wettest-season water table. Repairs to
  914  a drainfield of a system installed on or after January 1, 1983,
  915  must achieve a minimum separation of 24 inches from the bottom
  916  of the drainfield to the wettest-season water table.
  917         2.A system may not be deemed a failure if an obstruction
  918  in a sanitary line or an effluent screen or filter prevents
  919  effluent from flowing into a drainfield. If a system failure is
  920  identified and several remedial options are available to resolve
  921  the failure, the local ordinance may not require more than the
  922  least costly remedial measure to resolve the system failure. The
  923  homeowner may choose the remedial measure to fix the system.
  924  There may be instances in which a pump out is sufficient to
  925  resolve a system failure. Remedial measures to resolve a system
  926  failure must meet the requirements specified in s.
  927  381.0065(4)(g).
  928         (d)1. A system that is required to obtain an operating
  929  permit pursuant to state law or that is inspected by the
  930  department pursuant to the annual permit inspection requirements
  931  of chapter 513 is exempt from the evaluation requirements.
  932         2. A septic tank system serving residential dwelling units
  933  on lots with a ratio of one bedroom per acre or greater is
  934  exempt from the requirements of this section and may not be
  935  included in any septic tank inspection program.
  936         3.The county or municipality may exempt specific
  937  geographic areas from the requirements of this section if septic
  938  tank systems within exempted areas will not reasonably lead to
  939  additional or continued degradation of a first magnitude spring.
  940         4. The county or municipality may exempt or grant an
  941  extension of the time to obtain an evaluation and assessment if
  942  connection to a sewer system is available, connection to the
  943  sewer system is imminent, and written arrangements for payment
  944  of any utility assessments or connection fees have been made by
  945  the system owner.
  946         (3) The following procedures shall be used for conducting
  947  evaluations:
  948         (a) A tank evaluation shall include an assessment of the
  949  apparent structural condition and watertightness of the tank and
  950  shall estimate the size of the tank. The evaluation must include
  951  a pump out. However, an ordinance may not require a pump out if
  952  there is documentation that a tank pump out or a permitted new
  953  installation, repair, or modification of the system has occurred
  954  within the previous 5 years, and documentation identifying the
  955  capacity of the tank and indicating that the condition of the
  956  tank is structurally sound and watertight. A visual inspection
  957  of the tank must be made when the tank is empty in order to
  958  detect cracks, leaks, or other defects. The baffles or tees must
  959  be checked in order to ensure that they are intact and secure
  960  and the action shall be noted in the evaluation. The presence
  961  and condition of outlet devices, effluent filters, and
  962  compartment walls; any structural defect in the tank; and the
  963  condition and fit of the tank lid, including manholes, shall be
  964  noted in the evaluation. If the tank, in the opinion of the
  965  qualified contractor, is in danger of being damaged by leaving
  966  the tank empty after inspection, the tank shall be refilled
  967  before the inspection is concluded. Broken or damaged lids or
  968  manholes may be replaced without obtaining a repair permit.
  969         (b) The drainfield evaluation must include a determination
  970  of the approximate size and location of the drainfield and the
  971  minimum separation from the bottom of the drainfield to the
  972  wettest-season water table as determined by department rule. The
  973  evaluation shall contain a statement regarding the condition of
  974  surface vegetation, whether there is any sewage or effluent
  975  visible on the ground or discharging to a ditch or other water
  976  body, the separation from the bottom of the drainfield to the
  977  wettest-season water table, and the location of any downspout or
  978  other source of water near or in the vicinity of the drainfield.
  979  If a measurement of the distance between the bottom of the
  980  drainfield and the wettest-season water table would result in a
  981  system failure, two additional measurements must be taken in
  982  order to verify the failing condition. Only one measurement
  983  needs to meet or exceed the minimum separation requirement.
  984         (c) An assessment must be made for a system that contains a
  985  pump, siphon, or alarm. The following information must be
  986  provided in the assessment:
  987         1. The integrity of the dosing tank, including the
  988  approximate volume and the type of material used in
  989  construction;
  990         2. Whether the pump is elevated off of the bottom of the
  991  chamber and its operational status;
  992         3. Whether the system has a check valve and purge hole;
  993         4.Whether the system has a high-water alarm, including
  994  whether the type of alarm is audio or visual, or both; the
  995  location of the alarm and its operational condition; and whether
  996  the electrical connections appear satisfactory; and
  997         5. Whether surface water can infiltrate into the tank if
  998  the tank is pumped out.
  999         (d) The evaluation procedures used by a qualified
 1000  contractor or an authorized person working under the supervision
 1001  of a qualified contractor shall be documented. The qualified
 1002  contractor shall provide a copy of a written and signed
 1003  evaluation report to the property owner upon completion of the
 1004  evaluation and to the county health department within 30 days
 1005  after the evaluation. The report shall contain the name and
 1006  license number of the company providing the report. A copy of
 1007  the evaluation report shall be retained by the local county
 1008  health department for a minimum of 5 years and until a
 1009  subsequent inspection report is filed. The front cover of the
 1010  report must identify any system failure and include a clear and
 1011  conspicuous notice to the owner that the owner has a right to
 1012  have any remediation of the system failure performed by a
 1013  qualified contractor other than the contractor performing the
 1014  evaluation. The report must identify any crack, leak, improper
 1015  fit, or other defect in the tank, manhole, or lid, and any other
 1016  damaged or missing component of the system; any sewage or
 1017  effluent visible on the ground or discharging to a ditch or
 1018  other surface water body; any drainfield separation failure such
 1019  as a downspout, stormwater, or other source of water that is
 1020  directed onto or toward the system; and any other maintenance
 1021  need or condition of the system at the time of the evaluation
 1022  which, in the opinion of the qualified contractor, has the
 1023  potential to interfere with or restrict any future repair or
 1024  modification to the existing system. The report shall conclude
 1025  with an overall assessment of the fundamental operational
 1026  condition of the system.
 1027         (4) The county health department shall administer any
 1028  evaluation program on behalf of a county, or a local government
 1029  within the county, which has adopted an evaluation program
 1030  pursuant to this section. In administering this section, the
 1031  county health department shall:
 1032         (a) In consultation with the county health department,
 1033  develop a reasonable fee schedule, not to exceed $20 per
 1034  inspection. The fees shall cover only the costs of administering
 1035  the evaluation program. The fee schedule shall be identified in
 1036  the local ordinance that adopts the evaluation program. The fees
 1037  shall be assessed to the septic tank owner during an inspection
 1038  and be separately identified on the invoice of the qualified
 1039  contractor. The fees shall be remitted by the qualified
 1040  contractor to the county health department.
 1041         (b) Provide a notice to the septic tank owner at least 60
 1042  days before the septic tank is due for an evaluation. The notice
 1043  may include information on the proper maintenance of onsite
 1044  sewage treatment and disposal systems.
 1045         (c) In consultation with the Department of Health, adopt
 1046  uniform disciplinary procedures and administrative penalties for
 1047  qualified contractors who do not comply with the requirements of
 1048  the adopted ordinance, including, but not limited to, failure to
 1049  provide the evaluation report as required in paragraph (3)(d) to
 1050  the septic tank owner and the county health department. The
 1051  county health department may also assess penalties against a
 1052  septic tank owner who fails to comply with the adopted
 1053  ordinance, consistent with existing requirements of law.
 1054         (d) Develop a database and data collection system to
 1055  encompass evaluation programs adopted by the county or
 1056  municipalities within its jurisdiction. The database shall also
 1057  be used to collect, store, and index information obtained from
 1058  the evaluation reports filed by each qualified contractor with
 1059  the county health department. The data collection system must
 1060  include the ability to collect and store:
 1061         1. The description, addresses, or locations of the onsite
 1062  systems;
 1063         2. An inventory of the number of onsite systems within the
 1064  local jurisdiction;
 1065         3. The total number and types of system failures; and
 1066         4. Any other trends deemed relevant by the county health
 1067  department resulting from an assessment and evaluation of the
 1068  overall condition of systems.
 1069  
 1070  The database and any associated data collection system may be
 1071  Internet-based and may be designed to be used by contractors to
 1072  report all service and evaluation events and by the county
 1073  health department to notify homeowners when evaluations are due.
 1074  Data and information shall be recorded and updated as service
 1075  and evaluations are conducted and reported.
 1076         (5) A county or municipality that adopts an onsite sewage
 1077  treatment and disposal system evaluation and assessment program
 1078  pursuant to this section shall notify the Secretary of
 1079  Environmental Protection, the Department of Health, and the
 1080  applicable county health department upon the adoption of an
 1081  ordinance. The Department of Environmental Protection shall,
 1082  within existing resources and upon receipt of such notice,
 1083  notify the county or municipality of the potential use of, and
 1084  access to, program funds under the Clean Water State Revolving
 1085  Fund or s. 319 of the Clean Water Act. Upon request by a county
 1086  or municipality, the Department of Environmental Protection
 1087  shall provide guidance in the application process to receive
 1088  moneys under the Clean Water State Revolving Fund or s. 319 of
 1089  the Clean Water Act. The Department of Environmental Protection
 1090  shall also, within existing resources and upon request by a
 1091  county or municipality, provide advice and technical assistance
 1092  to the county or municipality on how to establish a low-interest
 1093  revolving loan program or how to model a revolving loan program
 1094  after the low-interest loan program of the Clean Water State
 1095  Revolving Fund. This subsection does not obligate the Department
 1096  of Environmental Protection to provide any money to fund such
 1097  programs.
 1098         Section 3. Section 381.00656, Florida Statutes, is
 1099  repealed.
 1100         Section 4. Subsection (2) of section 381.0066, Florida
 1101  Statutes, is amended to read:
 1102         381.0066 Onsite sewage treatment and disposal systems;
 1103  fees.—
 1104         (2) The minimum fees in the following fee schedule apply
 1105  until changed by rule by the department within the following
 1106  limits:
 1107         (a) Application review, permit issuance, or system
 1108  inspection, including repair of a subsurface, mound, filled, or
 1109  other alternative system or permitting of an abandoned system: a
 1110  fee of not less than $25, or more than $125.
 1111         (b) A 5-year evaluation report submitted pursuant to s.
 1112  381.0065(5): a fee not less than $15, or more than $30. At least
 1113  $1 and no more than $5 collected pursuant to this paragraph
 1114  shall be used to fund a grant program established under s.
 1115  381.00656.
 1116         (b)(c) Site evaluation, site reevaluation, evaluation of a
 1117  system previously in use, or a per annum septage disposal site
 1118  evaluation: a fee of not less than $40, or more than $115.
 1119         (c)(d) Biennial Operating permit for aerobic treatment
 1120  units or performance-based treatment systems: a fee of not more
 1121  than $100.
 1122         (d)(e) Annual operating permit for systems located in areas
 1123  zoned for industrial manufacturing or equivalent uses or where
 1124  the system is expected to receive wastewater which is not
 1125  domestic in nature: a fee of not less than $150, or more than
 1126  $300.
 1127         (e)(f) Innovative technology: a fee not to exceed $25,000.
 1128         (f)(g) Septage disposal service, septage stabilization
 1129  facility, portable or temporary toilet service, tank
 1130  manufacturer inspection: a fee of not less than $25, or more
 1131  than $200, per year.
 1132         (g)(h) Application for variance: a fee of not less than
 1133  $150, or more than $300.
 1134         (h)(i) Annual operating permit for waterless, incinerating,
 1135  or organic waste composting toilets: a fee of not less than $15
 1136  $50, or more than $30 $150.
 1137         (i)(j) Aerobic treatment unit or performance-based
 1138  treatment system maintenance entity permit: a fee of not less
 1139  than $25, or more than $150, per year.
 1140         (j)(k) Reinspection fee per visit for site inspection after
 1141  system construction approval or for noncompliant system
 1142  installation per site visit: a fee of not less than $25, or more
 1143  than $100.
 1144         (k)(l) Research: An additional $5 fee shall be added to
 1145  each new system construction permit issued to be used to fund
 1146  onsite sewage treatment and disposal system research,
 1147  demonstration, and training projects. Five dollars from any
 1148  repair permit fee collected under this section shall be used for
 1149  funding the hands-on training centers described in s.
 1150  381.0065(3)(j).
 1151         (l)(m) Annual operating permit, including annual inspection
 1152  and any required sampling and laboratory analysis of effluent,
 1153  for an engineer-designed performance-based system: a fee of not
 1154  less than $150, or more than $300.
 1155  
 1156  On or before January 1, 2011, the Surgeon General, after
 1157  consultation with the Revenue Estimating Conference, shall
 1158  determine a revenue neutral fee schedule for services provided
 1159  pursuant to s. 381.0065(5) within the parameters set in
 1160  paragraph (b). Such determination is not subject to the
 1161  provisions of chapter 120. The funds collected pursuant to this
 1162  subsection must be deposited in a trust fund administered by the
 1163  department, to be used for the purposes stated in this section
 1164  and ss. 381.0065 and 381.00655.
 1165         Section 5. This act shall take effect July 1, 2012.