Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 1748
       
       
       
       
       
       
                                Ì1642846Î164284                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/19/2017           .                                
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       The Committee on Environmental Preservation and Conservation
       (Stewart) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (o) is added to subsection (3) of
    6  section 381.0065, Florida Statutes, to read:
    7         381.0065 Onsite sewage treatment and disposal systems;
    8  regulation.—
    9         (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.—The
   10  department shall:
   11         (o) By January 1, 2019:
   12         1. Identify all onsite sewage treatment and disposal
   13  systems in the state, including, at a minimum, the location of
   14  the systems and any other available information the department
   15  deems appropriate.
   16         2. Incorporate the information identified under
   17  subparagraph 1. into and update the current database of onsite
   18  sewage treatment and disposal systems.
   19         3. Generate a report from the database which includes, at a
   20  minimum, the total number of onsite sewage treatment and
   21  disposal systems in the state, the number of onsite sewage
   22  treatment and disposal systems in each county, and a statewide
   23  map of the systems, and submit the report to the Governor, the
   24  President of the Senate, and the Speaker of the House of
   25  Representatives.
   26         Section 2. Section 689.30, Florida Statutes, is created to
   27  read:
   28         689.30 Sale of property; disclosure of onsite sewage and
   29  treatment disposal system.—
   30         (1) A seller of property must provide a prospective
   31  purchaser with a disclosure summary before or at the execution
   32  of the contract for sale if the property contains or will
   33  contain an onsite sewage treatment and disposal system. The
   34  prospective purchaser must acknowledge in writing the receipt of
   35  the disclosure summary required by this section. The disclosure
   36  summary must be conspicuous, in boldface type, and in a form
   37  substantially similar to the following:
   38  
   39             ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM           
   40                         DISCLOSURE SUMMARY                        
   41  
   42  THIS PROPERTY CONTAINS AN ONSITE SEWAGE TREATMENT AND DISPOSAL
   43  SYSTEM. WHEN NOT PROPERLY DESIGNED, CONSTRUCTED, AND MAINTAINED,
   44  SUCH SYSTEMS ARE OFTEN SOURCES OF SIGNIFICANT NUTRIENT AND OTHER
   45  TYPES OF POLLUTION IN SURFACE WATER AND GROUNDWATER. SYSTEMS
   46  SHOULD BE REGULARLY INSPECTED AND MAINTAINED TO MINIMIZE SYSTEM
   47  FAILURE AND THE DISCHARGE OF POLLUTION. ADDITIONAL INFORMATION
   48  MAY BE OBTAINED BY CONTACTING THE LOCAL COUNTY HEALTH
   49  DEPARTMENT.
   50  
   51  ...(Purchaser’s Initials)...
   52  
   53         (2) As used in this section, the term “onsite sewage
   54  treatment and disposal system” has the same meaning as in s.
   55  381.0065.
   56         Section 3. This act shall take effect October 1, 2017.
   57  
   58  ================= T I T L E  A M E N D M E N T ================
   59  And the title is amended as follows:
   60         Delete everything before the enacting clause
   61  and insert:
   62                        A bill to be entitled                      
   63         An act relating to onsite sewage treatment and
   64         disposal systems; amending s. 381.0065, F.S.;
   65         directing the Department of Health, by a specified
   66         date, to identify all onsite sewage treatment and
   67         disposal systems, update the current database of
   68         onsite sewage treatment and disposal systems, and
   69         submit a report to the Governor and the Legislature;
   70         creating s. 689.30, F.S.; requiring an onsite sewage
   71         treatment and disposal system disclosure summary for
   72         certain properties before or at the execution of a
   73         contract for sale; requiring that prospective
   74         purchasers acknowledge in writing receipt of such
   75         summary disclosures; defining the term “onsite sewage
   76         treatment and disposal system”; providing an effective
   77         date.