Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 1022
       
       
       
       
       
       
                                Ì700888TÎ700888                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/26/2019           .                                
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       The Committee on Environment and Natural Resources (Albritton)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. All powers, duties, functions, records, offices,
    6  personnel, associated administrative support positions,
    7  property, pending issues, existing contracts, administrative
    8  authority, administrative rules, and unexpended balances of
    9  appropriations, allocations, and other funds for the regulation
   10  of onsite sewage treatment and disposal systems relating to the
   11  Onsite Sewage Program in the Department of Health are
   12  transferred by a type two transfer, as defined in s. 20.06(2),
   13  Florida Statutes, to the Department of Environmental Protection.
   14         Section 2. The Department of Health and the Department of
   15  Environmental Protection shall enter into a memorandum of
   16  agreement regarding the type 2 transfer of the Onsite Sewage
   17  Program before January 1, 2020. The agreement must address all
   18  aspects of the transfer identified in section 1 of this act and
   19  the respective administrative and regulatory roles of the county
   20  health departments and the Department of Environmental
   21  Protection after the July 1, 2020 type two transfer of
   22  authority.
   23         Section 3. Subsection (5) of section 153.54, Florida
   24  Statutes, is amended to read:
   25         153.54 Preliminary report by county commissioners with
   26  respect to creation of proposed district.—Upon receipt of a
   27  petition duly signed by not less than 25 qualified electors who
   28  are also freeholders residing within an area proposed to be
   29  incorporated into a water and sewer district pursuant to this
   30  law and describing in general terms the proposed boundaries of
   31  such proposed district, the board of county commissioners if it
   32  shall deem it necessary and advisable to create and establish
   33  such proposed district for the purpose of constructing,
   34  establishing or acquiring a water system or a sewer system or
   35  both in and for such district (herein called “improvements”),
   36  shall first cause a preliminary report to be made which such
   37  report together with any other relevant or pertinent matters,
   38  shall include at least the following:
   39         (5) For the construction of a new proposed sewerage system
   40  or the extension of an existing sewerage system that was not
   41  previously approved, the report shall include a study that
   42  includes the available information from the Department of
   43  Environmental Protection Health on the history of onsite sewage
   44  treatment and disposal systems currently in use in the area and
   45  a comparison of the projected costs to the owner of a typical
   46  lot or parcel of connecting to and using the proposed sewerage
   47  system versus installing, operating, and properly maintaining an
   48  onsite sewage treatment system that is approved by the
   49  Department of Environmental Protection Health and that provides
   50  for the comparable level of environmental and health protection
   51  as the proposed central sewerage system; consideration of the
   52  local authority’s obligations or reasonably anticipated
   53  obligations for water body cleanup and protection under state or
   54  federal programs, including requirements for water bodies listed
   55  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
   56  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
   57  the local authority.
   58  
   59  Such report shall be filed in the office of the clerk of the
   60  circuit court and shall be open for the inspection of any
   61  taxpayer, property owner, qualified elector or any other
   62  interested or affected person.
   63         Section 4. Paragraph (c) of subsection (2) of section
   64  153.73, Florida Statutes, is amended to read:
   65         153.73 Assessable improvements; levy and payment of special
   66  assessments.—Any district may provide for the construction or
   67  reconstruction of assessable improvements as defined in s.
   68  153.52, and for the levying of special assessments upon
   69  benefited property for the payment thereof, under the provisions
   70  of this section.
   71         (2)(c) For the construction of a new proposed sewerage
   72  system or the extension of an existing sewerage system that was
   73  not previously approved, the report shall include a study that
   74  includes the available information from the Department of
   75  Environmental Protection Health on the history of onsite sewage
   76  treatment and disposal systems currently in use in the area and
   77  a comparison of the projected costs to the owner of a typical
   78  lot or parcel of connecting to and using the proposed sewerage
   79  system versus installing, operating, and properly maintaining an
   80  onsite sewage treatment system that is approved by the
   81  Department of Environmental Protection Health and that provides
   82  for the comparable level of environmental and health protection
   83  as the proposed central sewerage system; consideration of the
   84  local authority’s obligations or reasonably anticipated
   85  obligations for water body cleanup and protection under state or
   86  federal programs, including requirements for water bodies listed
   87  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
   88  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
   89  the local authority.
   90         Section 5. Subsection (2) of section 163.3180, Florida
   91  Statutes, is amended to read:
   92         163.3180 Concurrency.—
   93         (2) Consistent with public health and safety, sanitary
   94  sewer, solid waste, drainage, adequate water supplies, and
   95  potable water facilities shall be in place and available to
   96  serve new development no later than the issuance by the local
   97  government of a certificate of occupancy or its functional
   98  equivalent. Prior to approval of a building permit or its
   99  functional equivalent, the local government shall consult with
  100  the applicable water supplier to determine whether adequate
  101  water supplies to serve the new development will be available no
  102  later than the anticipated date of issuance by the local
  103  government of a certificate of occupancy or its functional
  104  equivalent. A local government may meet the concurrency
  105  requirement for sanitary sewer through the use of onsite sewage
  106  treatment and disposal systems approved by the Department of
  107  Environmental Protection Health to serve new development.
  108         Section 6. Subsection (3) of section 180.03, Florida
  109  Statutes, is amended to read:
  110         180.03 Resolution or ordinance proposing construction or
  111  extension of utility; objections to same.—
  112         (3) For the construction of a new proposed sewerage system
  113  or the extension of an existing sewerage system that was not
  114  previously approved, the report shall include a study that
  115  includes the available information from the Department of
  116  Environmental Protection Health on the history of onsite sewage
  117  treatment and disposal systems currently in use in the area and
  118  a comparison of the projected costs to the owner of a typical
  119  lot or parcel of connecting to and using the proposed sewerage
  120  system versus installing, operating, and properly maintaining an
  121  onsite sewage treatment system that is approved by the
  122  Department of Environmental Protection Health and that provides
  123  for the comparable level of environmental and health protection
  124  as the proposed central sewerage system; consideration of the
  125  local authority’s obligations or reasonably anticipated
  126  obligations for water body cleanup and protection under state or
  127  federal programs, including requirements for water bodies listed
  128  under s. 303(d) of the Clean Water Act, Pub. L. No. 92-500, 33
  129  U.S.C. ss. 1251 et seq.; and other factors deemed relevant by
  130  the local authority. The results of such a study shall be
  131  included in the resolution or ordinance required under
  132  subsection (1).
  133         Section 7. Paragraphs (a) and (b) of subsection (7) of
  134  section 373.036, Florida Statutes, are amended to read:
  135         373.036 Florida water plan; district water management
  136  plans.—
  137         (7) CONSOLIDATED WATER MANAGEMENT DISTRICT ANNUAL REPORT.—
  138         (a) By March 1, annually, each water management district
  139  shall prepare and submit to the Office of Economic and
  140  Demographic Research, the department, the Governor, the
  141  President of the Senate, and the Speaker of the House of
  142  Representatives a consolidated water management district annual
  143  report on the management of water resources. In addition, copies
  144  must be provided by the water management districts to the chairs
  145  of all legislative committees having substantive or fiscal
  146  jurisdiction over the districts and the governing board of each
  147  county in the district having jurisdiction or deriving any funds
  148  for operations of the district. Copies of the consolidated
  149  annual report must be made available to the public, either in
  150  printed or electronic format.
  151         (b) The consolidated annual report must shall contain the
  152  following elements, as appropriate to that water management
  153  district:
  154         1. A district water management plan annual report or the
  155  annual work plan report allowed in subparagraph (2)(e)4.
  156         2. The department-approved minimum flows and minimum water
  157  levels annual priority list and schedule required by s.
  158  373.042(3).
  159         3. The annual 5-year capital improvements plan required by
  160  s. 373.536(6)(a)3.
  161         4. The alternative water supplies annual report required by
  162  s. 373.707(8)(n).
  163         5. The final annual 5-year water resource development work
  164  program required by s. 373.536(6)(a)4.
  165         6. The Florida Forever Water Management District Work Plan
  166  annual report required by s. 373.199(7).
  167         7. The mitigation donation annual report required by s.
  168  373.414(1)(b)2.
  169         8. Information on all projects related to water quality or
  170  water quantity as part of a 5-year work program, including:
  171         a. A list of all specific projects identified to implement
  172  a basin management action plan, including any septic-to-sewer
  173  conversion and septic tank remediation projects, or a recovery
  174  or prevention strategy;
  175         b. A priority ranking for each listed project for which
  176  state funding through the water resources development work
  177  program is requested, which must be made available to the public
  178  for comment at least 30 days before submission of the
  179  consolidated annual report;
  180         c. The estimated cost for each listed project;
  181         d. The estimated completion date for each listed project;
  182         e. The source and amount of financial assistance to be made
  183  available by the department, a water management district, or
  184  other entity for each listed project; and
  185         f. A quantitative estimate of each listed project’s benefit
  186  to the watershed, water body, or water segment in which it is
  187  located.
  188         9. A grade for each watershed, water body, or water segment
  189  in which a project listed under subparagraph 8. is located
  190  representing the level of impairment and violations of adopted
  191  minimum flow or minimum water levels. The grading system must
  192  reflect the severity of the impairment of the watershed, water
  193  body, or water segment.
  194         Section 8. Subsection (3) of section 373.807, Florida
  195  Statutes, is amended to read:
  196         373.807 Protection of water quality in Outstanding Florida
  197  Springs.—By July 1, 2016, the department shall initiate
  198  assessment, pursuant to s. 403.067(3), of Outstanding Florida
  199  Springs or spring systems for which an impairment determination
  200  has not been made under the numeric nutrient standards in effect
  201  for spring vents. Assessments must be completed by July 1, 2018.
  202         (3) As part of a basin management action plan that includes
  203  an Outstanding Florida Spring, the department, the Department of
  204  Health, relevant local governments, and relevant local public
  205  and private wastewater utilities shall develop an onsite sewage
  206  treatment and disposal system remediation plan for a spring if
  207  the department determines onsite sewage treatment and disposal
  208  systems within a priority focus area contribute at least 20
  209  percent of nonpoint source nitrogen pollution or if the
  210  department determines remediation is necessary to achieve the
  211  total maximum daily load. The plan shall identify cost-effective
  212  and financially feasible projects necessary to reduce the
  213  nutrient impacts from onsite sewage treatment and disposal
  214  systems and shall be completed and adopted as part of the basin
  215  management action plan no later than the first 5-year milestone
  216  required by subparagraph (1)(b)8. The department is the lead
  217  agency in coordinating the preparation of and the adoption of
  218  the plan. The department shall:
  219         (a) Collect and evaluate credible scientific information on
  220  the effect of nutrients, particularly forms of nitrogen, on
  221  springs and springs systems; and
  222         (b) Develop a public education plan to provide area
  223  residents with reliable, understandable information about onsite
  224  sewage treatment and disposal systems and springs.
  225  
  226  In addition to the requirements in s. 403.067, the plan must
  227  shall include options for repair, upgrade, replacement,
  228  drainfield modification, addition of effective nitrogen reducing
  229  features, connection to a central sewerage system, or other
  230  action for an onsite sewage treatment and disposal system or
  231  group of systems within a priority focus area that contribute at
  232  least 20 percent of nonpoint source nitrogen pollution or if the
  233  department determines remediation is necessary to achieve a
  234  total maximum daily load. For these systems, the department
  235  shall include in the plan a priority ranking for each system or
  236  group of systems that requires remediation and shall award funds
  237  to implement the remediation projects contingent on an
  238  appropriation in the General Appropriations Act, which may
  239  include all or part of the costs necessary for repair, upgrade,
  240  replacement, drainfield modification, addition of effective
  241  nitrogen reducing features, initial connection to a central
  242  sewerage system, or other action. In awarding funds, the
  243  department may consider expected nutrient reduction benefit per
  244  unit cost, size and scope of project, relative local financial
  245  contribution to the project, and the financial impact on
  246  property owners and the community. The department may waive
  247  matching funding requirements for proposed projects within an
  248  area designated as a rural area of opportunity under s.
  249  288.0656.
  250         Section 9. Section 381.006, Florida Statutes, is amended to
  251  read:
  252         381.006 Environmental health.—The Department of Health
  253  shall conduct an environmental health program as part of
  254  fulfilling the state’s public health mission. The purpose of
  255  this program is to detect and prevent disease caused by natural
  256  and manmade factors in the environment. The environmental health
  257  program shall include, but not be limited to:
  258         (1) A drinking water function.
  259         (2) An environmental health surveillance function which
  260  shall collect, compile, and correlate information on public
  261  health and exposure to hazardous substances through sampling and
  262  testing of water, air, or foods. Environmental health
  263  surveillance shall include a comprehensive assessment of
  264  drinking water under the department’s supervision and an indoor
  265  air quality testing and monitoring program to assess health
  266  risks from exposure to chemical, physical, and biological agents
  267  in the indoor environment.
  268         (3) A toxicology and hazard assessment function which shall
  269  conduct toxicological and human health risk assessments of
  270  exposure to toxic agents, for the purposes of:
  271         (a) Supporting determinations by the State Health Officer
  272  of safe levels of contaminants in water, air, or food if
  273  applicable standards or criteria have not been adopted. These
  274  determinations shall include issuance of health advisories to
  275  protect the health and safety of the public at risk from
  276  exposure to toxic agents.
  277         (b) Provision of human toxicological health risk
  278  assessments to the public and other governmental agencies to
  279  characterize the risks to the public from exposure to
  280  contaminants in air, water, or food.
  281         (c) Consultation and technical assistance to the Department
  282  of Environmental Protection and other governmental agencies on
  283  actions necessary to ameliorate exposure to toxic agents,
  284  including the emergency provision by the Department of
  285  Environmental Protection of drinking water in cases of drinking
  286  water contamination that present an imminent and substantial
  287  threat to the public’s health, as required by s.
  288  376.30(3)(c)1.a.
  289         (d) Monitoring and reporting the body burden of toxic
  290  agents to estimate past exposure to these toxic agents, predict
  291  future health effects, and decrease the incidence of poisoning
  292  by identifying and eliminating exposure.
  293         (4) A sanitary nuisance function, as that term is defined
  294  in chapter 386.
  295         (5) A migrant labor function.
  296         (6) A public facilities function, including sanitary
  297  practices relating to state, county, municipal, and private
  298  institutions serving the public; jointly with the Department of
  299  Education, publicly and privately owned schools; all places used
  300  for the incarceration of prisoners and inmates of state
  301  institutions for the mentally ill; toilets and washrooms in all
  302  public places and places of employment; any other condition,
  303  place, or establishment necessary for the control of disease or
  304  the protection and safety of public health.
  305         (7) An onsite sewage treatment and disposal function.
  306         (8) A biohazardous waste control function.
  307         (8)(9) A function to control diseases transmitted from
  308  animals to humans, including the segregation, quarantine, and
  309  destruction of domestic pets and wild animals having or
  310  suspected of having such diseases.
  311         (9)(10) An environmental epidemiology function which shall
  312  investigate food-borne disease, waterborne disease, and other
  313  diseases of environmental causation, whether of chemical,
  314  radiological, or microbiological origin. A $10 surcharge for
  315  this function shall be assessed upon all persons permitted under
  316  chapter 500. This function shall include an educational program
  317  for physicians and health professionals designed to promote
  318  surveillance and reporting of environmental diseases, and to
  319  further the dissemination of knowledge about the relationship
  320  between toxic substances and human health which will be useful
  321  in the formulation of public policy and will be a source of
  322  information for the public.
  323         (10)(11) Mosquito and pest control functions as provided in
  324  chapters 388 and 482.
  325         (11)(12) A radiation control function as provided in
  326  chapter 404 and part IV of chapter 468.
  327         (12)(13) A public swimming and bathing facilities function
  328  as provided in chapter 514.
  329         (13)(14) A mobile home park, lodging park, recreational
  330  vehicle park, and recreational camp function as provided in
  331  chapter 513.
  332         (14)(15) A sanitary facilities function, which shall
  333  include minimum standards for the maintenance and sanitation of
  334  sanitary facilities; public access to sanitary facilities; and
  335  fixture ratios for special or temporary events and for homeless
  336  shelters.
  337         (15)(16) A group-care-facilities function. As used in this
  338  subsection, the term “group care facility” means any public or
  339  private school, assisted living facility, adult family-care
  340  home, adult day care center, short-term residential treatment
  341  center, residential treatment facility, home for special
  342  services, transitional living facility, crisis stabilization
  343  unit, hospice, prescribed pediatric extended care center,
  344  intermediate care facility for persons with developmental
  345  disabilities, or boarding school. The department may adopt rules
  346  necessary to protect the health and safety of residents, staff,
  347  and patrons of group care facilities. Rules related to public
  348  and private schools shall be developed by the Department of
  349  Education in consultation with the department. Rules adopted
  350  under this subsection may include definitions of terms;
  351  provisions relating to operation and maintenance of facilities,
  352  buildings, grounds, equipment, furnishings, and occupant-space
  353  requirements; lighting; heating, cooling, and ventilation; food
  354  service; water supply and plumbing; sewage; sanitary facilities;
  355  insect and rodent control; garbage; safety; personnel health,
  356  hygiene, and work practices; and other matters the department
  357  finds are appropriate or necessary to protect the safety and
  358  health of the residents, staff, students, faculty, or patrons.
  359  The department may not adopt rules that conflict with rules
  360  adopted by the licensing or certifying agency. The department
  361  may enter and inspect at reasonable hours to determine
  362  compliance with applicable statutes or rules. In addition to any
  363  sanctions that the department may impose for violations of rules
  364  adopted under this section, the department shall also report
  365  such violations to any agency responsible for licensing or
  366  certifying the group care facility. The licensing or certifying
  367  agency may also impose any sanction based solely on the findings
  368  of the department.
  369         (16)(17) A function for investigating elevated levels of
  370  lead in blood. Each participating county health department may
  371  expend funds for federally mandated certification or
  372  recertification fees related to conducting investigations of
  373  elevated levels of lead in blood.
  374         (17)(18) A food service inspection function for domestic
  375  violence centers that are certified by the Department of
  376  Children and Families and monitored by the Florida Coalition
  377  Against Domestic Violence under part XII of chapter 39 and group
  378  care homes as described in subsection (15) (16), which shall be
  379  conducted annually and be limited to the requirements in
  380  department rule applicable to community-based residential
  381  facilities with five or fewer residents.
  382  
  383  The department may adopt rules to carry out the provisions of
  384  this section.
  385         Section 10. Subsection (1) of section 381.0061, Florida
  386  Statutes, is amended to read:
  387         381.0061 Administrative fines.—
  388         (1) In addition to any administrative action authorized by
  389  chapter 120 or by other law, the department may impose a fine,
  390  which shall not exceed $500 for each violation, for a violation
  391  of s. 381.006(15) s. 381.006(16), s. 381.0065, s. 381.0066, s.
  392  381.0072, or part III of chapter 489, for a violation of any
  393  rule adopted under this chapter, or for a violation of any of
  394  the provisions of chapter 386. Notice of intent to impose such
  395  fine shall be given by the department to the alleged violator.
  396  Each day that a violation continues may constitute a separate
  397  violation.
  398         Section 11. Subsection (1) of section 381.0064, Florida
  399  Statutes, is amended to read:
  400         381.0064 Continuing education courses for persons
  401  installing or servicing septic tanks.—
  402         (1) The Department of Environmental Protection Health shall
  403  establish a program for continuing education which meets the
  404  purposes of ss. 381.0101 and 489.554 regarding the public health
  405  and environmental effects of onsite sewage treatment and
  406  disposal systems and any other matters the department determines
  407  desirable for the safe installation and use of onsite sewage
  408  treatment and disposal systems. The department may charge a fee
  409  to cover the cost of such program.
  410         Section 12. Present paragraphs (d) through (q) of
  411  subsection (2) of section 381.0065, Florida Statutes, are
  412  redesignated as paragraphs (e) through (r), respectively, and a
  413  new paragraph (d) is added to that subsection, subsections (3)
  414  and (4) are amended, and subsections (7) and (8) are added to
  415  that section, to read:
  416         381.0065 Onsite sewage treatment and disposal systems;
  417  regulation.—
  418         (2) DEFINITIONS.—As used in ss. 381.0065-381.0067, the
  419  term:
  420         (d) “Department” means the Department of Environmental
  421  Protection.
  422         (3) DUTIES AND POWERS OF THE DEPARTMENT OF ENVIRONMENTAL
  423  PROTECTION HEALTH.—The department shall:
  424         (a) Adopt rules to administer ss. 381.0065-381.0067,
  425  including definitions that are consistent with the definitions
  426  in this section, decreases to setback requirements where no
  427  health hazard exists, increases for the lot-flow allowance for
  428  performance-based systems, requirements for separation from
  429  water table elevation during the wettest season, requirements
  430  for the design and construction of any component part of an
  431  onsite sewage treatment and disposal system, application and
  432  permit requirements for persons who maintain an onsite sewage
  433  treatment and disposal system, requirements for maintenance and
  434  service agreements for aerobic treatment units and performance
  435  based treatment systems, and recommended standards, including
  436  disclosure requirements, for voluntary system inspections to be
  437  performed by individuals who are authorized by law to perform
  438  such inspections and who shall inform a person having ownership,
  439  control, or use of an onsite sewage treatment and disposal
  440  system of the inspection standards and of that person’s
  441  authority to request an inspection based on all or part of the
  442  standards.
  443         (b) Perform application reviews and site evaluations, issue
  444  permits, and conduct inspections and complaint investigations
  445  associated with the construction, installation, maintenance,
  446  modification, abandonment, operation, use, or repair of an
  447  onsite sewage treatment and disposal system for a residence or
  448  establishment with an estimated domestic sewage flow of 10,000
  449  gallons or less per day, or an estimated commercial sewage flow
  450  of 5,000 gallons or less per day, which is not currently
  451  regulated under chapter 403.
  452         (c) Develop a comprehensive program to ensure that onsite
  453  sewage treatment and disposal systems regulated by the
  454  department are sized, designed, constructed, installed,
  455  repaired, modified, abandoned, used, operated, and maintained in
  456  compliance with this section and rules adopted under this
  457  section to prevent groundwater contamination and surface water
  458  contamination and to preserve the public health. The department
  459  is the final administrative interpretive authority regarding
  460  rule interpretation. In the event of a conflict regarding rule
  461  interpretation, the State Surgeon General, or his or her
  462  designee, shall timely assign a staff person to resolve the
  463  dispute.
  464         (d) Grant variances in hardship cases under the conditions
  465  prescribed in this section and rules adopted under this section.
  466         (e) Permit the use of a limited number of innovative
  467  systems for a specific period of time, when there is compelling
  468  evidence that the system will function properly and reliably to
  469  meet the requirements of this section and rules adopted under
  470  this section.
  471         (f) Issue annual operating permits under this section.
  472         (g) Establish and collect fees as established under s.
  473  381.0066 for services provided with respect to onsite sewage
  474  treatment and disposal systems.
  475         (h) Conduct enforcement activities, including imposing
  476  fines, issuing citations, suspensions, revocations, injunctions,
  477  and emergency orders for violations of this section, part I of
  478  chapter 386, or part III of chapter 489 or for a violation of
  479  any rule adopted under this section, part I of chapter 386, or
  480  part III of chapter 489.
  481         (i) Provide or conduct education and training of department
  482  personnel, service providers, and the public regarding onsite
  483  sewage treatment and disposal systems.
  484         (j) Supervise research on, demonstration of, and training
  485  on the performance, environmental impact, and public health
  486  impact of onsite sewage treatment and disposal systems within
  487  this state. Research fees collected under s. 381.0066(2)(k) must
  488  be used to develop and fund hands-on training centers designed
  489  to provide practical information about onsite sewage treatment
  490  and disposal systems to septic tank contractors, master septic
  491  tank contractors, contractors, inspectors, engineers, and the
  492  public and must also be used to fund research projects which
  493  focus on improvements of onsite sewage treatment and disposal
  494  systems, including use of performance-based standards and
  495  reduction of environmental impact. Research projects shall be
  496  initially approved by the technical review and advisory panel
  497  and shall be applicable to and reflect the soil conditions
  498  specific to Florida. Such projects shall be awarded through
  499  competitive negotiation, using the procedures provided in s.
  500  287.055, to public or private entities that have experience in
  501  onsite sewage treatment and disposal systems in Florida and that
  502  are principally located in Florida. Research projects shall not
  503  be awarded to firms or entities that employ or are associated
  504  with persons who serve on either the technical review and
  505  advisory panel or the research review and advisory committee.
  506         (k) Approve the installation of individual graywater
  507  disposal systems in which blackwater is treated by a central
  508  sewerage system.
  509         (l) Regulate and permit the sanitation, handling,
  510  treatment, storage, reuse, and disposal of byproducts from any
  511  system regulated under this chapter and not regulated by the
  512  Department of Environmental Protection.
  513         (m) Permit and inspect portable or temporary toilet
  514  services and holding tanks. The department shall review
  515  applications, perform site evaluations, and issue permits for
  516  the temporary use of holding tanks, privies, portable toilet
  517  services, or any other toilet facility that is intended for use
  518  on a permanent or nonpermanent basis, including facilities
  519  placed on construction sites when workers are present. The
  520  department may specify standards for the construction,
  521  maintenance, use, and operation of any such facility for
  522  temporary use.
  523         (n) Regulate and permit maintenance entities for
  524  performance-based treatment systems and aerobic treatment unit
  525  systems. To ensure systems are maintained and operated according
  526  to manufacturer’s specifications and designs, the department
  527  shall establish by rule minimum qualifying criteria for
  528  maintenance entities. The criteria shall include: training,
  529  access to approved spare parts and components, access to
  530  manufacturer’s maintenance and operation manuals, and service
  531  response time. The maintenance entity shall employ a contractor
  532  licensed under s. 489.105(3)(m), or part III of chapter 489, or
  533  a state-licensed wastewater plant operator, who is responsible
  534  for maintenance and repair of all systems under contract.
  535         (4) PERMITS; INSTALLATION; AND CONDITIONS.—A person may not
  536  construct, repair, modify, abandon, or operate an onsite sewage
  537  treatment and disposal system without first obtaining a permit
  538  approved by the department. The department may issue permits to
  539  carry out this section, but shall not make the issuance of such
  540  permits contingent upon prior approval by the department of
  541  Environmental Protection, except that the issuance of a permit
  542  for work seaward of the coastal construction control line
  543  established under s. 161.053 is shall be contingent upon receipt
  544  of any required coastal construction control line permit from
  545  the department of Environmental Protection. A construction
  546  permit is valid for 18 months from the issuance date and may be
  547  extended by the department for one 90-day period under rules
  548  adopted by the department. A repair permit is valid for 90 days
  549  from the date of issuance. An operating permit must be obtained
  550  before prior to the use of any aerobic treatment unit or if the
  551  establishment generates commercial waste. Buildings or
  552  establishments that use an aerobic treatment unit or generate
  553  commercial waste shall be inspected by the department at least
  554  annually to assure compliance with the terms of the operating
  555  permit. The operating permit for a commercial wastewater system
  556  is valid for 1 year from the date of issuance and must be
  557  renewed annually. The operating permit for an aerobic treatment
  558  unit is valid for 2 years from the date of issuance and must be
  559  renewed every 2 years. If all information pertaining to the
  560  siting, location, and installation conditions or repair of an
  561  onsite sewage treatment and disposal system remains the same, a
  562  construction or repair permit for the onsite sewage treatment
  563  and disposal system may be transferred to another person, if the
  564  transferee files, within 60 days after the transfer of
  565  ownership, an amended application providing all corrected
  566  information and proof of ownership of the property. A There is
  567  no fee is not associated with the processing of this
  568  supplemental information. A person may not contract to
  569  construct, modify, alter, repair, service, abandon, or maintain
  570  any portion of an onsite sewage treatment and disposal system
  571  without being registered under part III of chapter 489. A
  572  property owner who personally performs construction,
  573  maintenance, or repairs to a system serving his or her own
  574  owner-occupied single-family residence is exempt from
  575  registration requirements for performing such construction,
  576  maintenance, or repairs on that residence, but is subject to all
  577  permitting requirements. A municipality or political subdivision
  578  of the state may not issue a building or plumbing permit for any
  579  building that requires the use of an onsite sewage treatment and
  580  disposal system unless the owner or builder has received a
  581  construction permit for such system from the department. A
  582  building or structure may not be occupied and a municipality,
  583  political subdivision, or any state or federal agency may not
  584  authorize occupancy until the department approves the final
  585  installation of the onsite sewage treatment and disposal system.
  586  A municipality or political subdivision of the state may not
  587  approve any change in occupancy or tenancy of a building that
  588  uses an onsite sewage treatment and disposal system until the
  589  department has reviewed the use of the system with the proposed
  590  change, approved the change, and amended the operating permit.
  591         (a) Subdivisions and lots in which each lot has a minimum
  592  area of at least one-half acre and either a minimum dimension of
  593  100 feet or a mean of at least 100 feet of the side bordering
  594  the street and the distance formed by a line parallel to the
  595  side bordering the street drawn between the two most distant
  596  points of the remainder of the lot may be developed with a water
  597  system regulated under s. 381.0062 and onsite sewage treatment
  598  and disposal systems, provided the projected daily sewage flow
  599  does not exceed an average of 1,500 gallons per acre per day,
  600  and provided satisfactory drinking water can be obtained and all
  601  distance and setback, soil condition, water table elevation, and
  602  other related requirements of this section and rules adopted
  603  under this section can be met.
  604         (b) Subdivisions and lots using a public water system as
  605  defined in s. 403.852 may use onsite sewage treatment and
  606  disposal systems, provided there are no more than four lots per
  607  acre, provided the projected daily sewage flow does not exceed
  608  an average of 2,500 gallons per acre per day, and provided that
  609  all distance and setback, soil condition, water table elevation,
  610  and other related requirements that are generally applicable to
  611  the use of onsite sewage treatment and disposal systems are met.
  612         (c) Notwithstanding paragraphs (a) and (b), for
  613  subdivisions platted of record on or before October 1, 1991,
  614  when a developer or other appropriate entity has previously made
  615  or makes provisions, including financial assurances or other
  616  commitments, acceptable to the Department of Health, that a
  617  central water system will be installed by a regulated public
  618  utility based on a density formula, private potable wells may be
  619  used with onsite sewage treatment and disposal systems until the
  620  agreed-upon densities are reached. In a subdivision regulated by
  621  this paragraph, the average daily sewage flow may not exceed
  622  2,500 gallons per acre per day. This section does not affect the
  623  validity of existing prior agreements. After October 1, 1991,
  624  the exception provided under this paragraph is not available to
  625  a developer or other appropriate entity.
  626         (d) Paragraphs (a) and (b) do not apply to any proposed
  627  residential subdivision with more than 50 lots or to any
  628  proposed commercial subdivision with more than 5 lots where a
  629  publicly owned or investor-owned sewage treatment sewerage
  630  system is available. It is the intent of This paragraph does not
  631  to allow development of additional proposed subdivisions in
  632  order to evade the requirements of this paragraph.
  633         (e) Onsite sewage treatment and disposal systems must not
  634  be placed closer than:
  635         1. Seventy-five feet from a private potable well.
  636         2. Two hundred feet from a public potable well serving a
  637  residential or nonresidential establishment having a total
  638  sewage flow of greater than 2,000 gallons per day.
  639         3. One hundred feet from a public potable well serving a
  640  residential or nonresidential establishment having a total
  641  sewage flow of less than or equal to 2,000 gallons per day.
  642         4. Fifty feet from any nonpotable well.
  643         5. Ten feet from any storm sewer pipe, to the maximum
  644  extent possible, but in no instance shall the setback be less
  645  than 5 feet.
  646         6. Seventy-five feet from the mean high-water line of a
  647  tidally influenced surface water body.
  648         7. Seventy-five feet from the mean annual flood line of a
  649  permanent nontidal surface water body.
  650         8. Fifteen feet from the design high-water line of
  651  retention areas, detention areas, or swales designed to contain
  652  standing or flowing water for less than 72 hours after a
  653  rainfall or the design high-water level of normally dry drainage
  654  ditches or normally dry individual lot stormwater retention
  655  areas.
  656         (f) Except as provided under paragraphs (e) and (s) (t), no
  657  limitations may not shall be imposed by rule, relating to the
  658  distance between an onsite disposal system and any area that
  659  either permanently or temporarily has visible surface water.
  660         (g) All provisions of This section and rules adopted under
  661  this section relating to soil condition, water table elevation,
  662  distance, and other setback requirements must be equally applied
  663  to all lots, with the following exceptions:
  664         1. Any residential lot that was platted and recorded on or
  665  after January 1, 1972, or that is part of a residential
  666  subdivision that was approved by the appropriate permitting
  667  agency on or after January 1, 1972, and that was eligible for an
  668  onsite sewage treatment and disposal system construction permit
  669  on the date of such platting and recording or approval shall be
  670  eligible for an onsite sewage treatment and disposal system
  671  construction permit, regardless of when the application for a
  672  permit is made. If rules in effect at the time the permit
  673  application is filed cannot be met, residential lots platted and
  674  recorded or approved on or after January 1, 1972, shall, to the
  675  maximum extent possible, comply with the rules in effect at the
  676  time the permit application is filed. At a minimum, however,
  677  those residential lots platted and recorded or approved on or
  678  after January 1, 1972, but before January 1, 1983, shall comply
  679  with those rules in effect on January 1, 1983, and those
  680  residential lots platted and recorded or approved on or after
  681  January 1, 1983, shall comply with those rules in effect at the
  682  time of such platting and recording or approval. In determining
  683  the maximum extent of compliance with current rules that is
  684  possible, the department shall allow structures and
  685  appurtenances thereto which were authorized at the time such
  686  lots were platted and recorded or approved.
  687         2. Lots platted before 1972 are subject to a 50-foot
  688  minimum surface water setback and are not subject to lot size
  689  requirements. The projected daily flow for onsite sewage
  690  treatment and disposal systems for lots platted before 1972 may
  691  not exceed:
  692         a. Two thousand five hundred gallons per acre per day for
  693  lots served by public water systems as defined in s. 403.852.
  694         b. One thousand five hundred gallons per acre per day for
  695  lots served by water systems regulated under s. 381.0062.
  696         (h)1. The department may grant variances in hardship cases
  697  which may be less restrictive than the provisions specified in
  698  this section. If a variance is granted and the onsite sewage
  699  treatment and disposal system construction permit has been
  700  issued, the variance may be transferred with the system
  701  construction permit, if the transferee files, within 60 days
  702  after the transfer of ownership, an amended construction permit
  703  application providing all corrected information and proof of
  704  ownership of the property and if the same variance would have
  705  been required for the new owner of the property as was
  706  originally granted to the original applicant for the variance. A
  707  There is no fee is not associated with the processing of this
  708  supplemental information. A variance may not be granted under
  709  this section until the department is satisfied that:
  710         a. The hardship was not caused intentionally by the action
  711  of the applicant;
  712         b. A No reasonable alternative, taking into consideration
  713  factors such as cost, does not exist exists for the treatment of
  714  the sewage; and
  715         c. The discharge from the onsite sewage treatment and
  716  disposal system will not adversely affect the health of the
  717  applicant or the public or significantly degrade the groundwater
  718  or surface waters.
  719  
  720  Where soil conditions, water table elevation, and setback
  721  provisions are determined by the department to be satisfactory,
  722  special consideration must be given to those lots platted before
  723  1972.
  724         2. The department shall appoint and staff a variance review
  725  and advisory committee, which shall meet monthly to recommend
  726  agency action on variance requests. The committee shall make its
  727  recommendations on variance requests at the meeting in which the
  728  application is scheduled for consideration, except for an
  729  extraordinary change in circumstances, the receipt of new
  730  information that raises new issues, or when the applicant
  731  requests an extension. The committee shall consider the criteria
  732  in subparagraph 1. in its recommended agency action on variance
  733  requests and shall also strive to allow property owners the full
  734  use of their land where possible. The committee consists of the
  735  following:
  736         a. The Secretary of the department State Surgeon General or
  737  his or her designee.
  738         b. A representative from the county health departments.
  739         c. A representative from the home building industry
  740  recommended by the Florida Home Builders Association.
  741         d. A representative from the septic tank industry
  742  recommended by the Florida Onsite Wastewater Association.
  743         e. A representative from the Department of Health
  744  Environmental Protection.
  745         f. A representative from the real estate industry who is
  746  also a developer in this state who develops lots using onsite
  747  sewage treatment and disposal systems, recommended by the
  748  Florida Association of Realtors.
  749         g. A representative from the engineering profession
  750  recommended by the Florida Engineering Society.
  751  
  752  Members shall be appointed for a term of 3 years, with such
  753  appointments being staggered so that the terms of no more than
  754  two members expire in any one year. Members shall serve without
  755  remuneration, but if requested, shall be reimbursed for per diem
  756  and travel expenses as provided in s. 112.061.
  757         (i) A construction permit may not be issued for an onsite
  758  sewage treatment and disposal system in any area zoned or used
  759  for industrial or manufacturing purposes, or its equivalent,
  760  where a publicly owned or investor-owned sewage treatment system
  761  is available, or where a likelihood exists that the system will
  762  receive toxic, hazardous, or industrial waste. An existing
  763  onsite sewage treatment and disposal system may be repaired if a
  764  publicly owned or investor-owned sewage treatment sewerage
  765  system is not available within 500 feet of the building sewer
  766  stub-out and if system construction and operation standards can
  767  be met. This paragraph does not require publicly owned or
  768  investor-owned sewage sewerage treatment systems to accept
  769  anything other than domestic wastewater.
  770         1. A building located in an area zoned or used for
  771  industrial or manufacturing purposes, or its equivalent, when
  772  such building is served by an onsite sewage treatment and
  773  disposal system, must not be occupied until the owner or tenant
  774  has obtained written approval from the department. The
  775  department may shall not grant approval when the proposed use of
  776  the system is to dispose of toxic, hazardous, or industrial
  777  wastewater or toxic or hazardous chemicals.
  778         2. Each person who owns or operates a business or facility
  779  in an area zoned or used for industrial or manufacturing
  780  purposes, or its equivalent, or who owns or operates a business
  781  that has the potential to generate toxic, hazardous, or
  782  industrial wastewater or toxic or hazardous chemicals, and uses
  783  an onsite sewage treatment and disposal system that is installed
  784  on or after July 5, 1989, must obtain an annual system operating
  785  permit from the department. A person who owns or operates a
  786  business that uses an onsite sewage treatment and disposal
  787  system that was installed and approved before July 5, 1989, does
  788  not need to not obtain a system operating permit. However, upon
  789  change of ownership or tenancy, the new owner or operator must
  790  notify the department of the change, and the new owner or
  791  operator must obtain an annual system operating permit,
  792  regardless of the date that the system was installed or
  793  approved.
  794         3. The department shall periodically review and evaluate
  795  the continued use of onsite sewage treatment and disposal
  796  systems in areas zoned or used for industrial or manufacturing
  797  purposes, or its equivalent, and may require the collection and
  798  analyses of samples from within and around such systems. If the
  799  department finds that toxic or hazardous chemicals or toxic,
  800  hazardous, or industrial wastewater have been or are being
  801  disposed of through an onsite sewage treatment and disposal
  802  system, the department shall initiate enforcement actions
  803  against the owner or tenant to ensure adequate cleanup,
  804  treatment, and disposal.
  805         (j) An onsite sewage treatment and disposal system designed
  806  by a professional engineer registered in the state and certified
  807  by such engineer as complying with performance criteria adopted
  808  by the department must be approved by the department subject to
  809  the following:
  810         1. The performance criteria applicable to engineer-designed
  811  systems must be limited to those necessary to ensure that such
  812  systems do not adversely affect the public health or
  813  significantly degrade the groundwater or surface water. Such
  814  performance criteria shall include consideration of the quality
  815  of system effluent, the proposed total sewage flow per acre,
  816  wastewater treatment capabilities of the natural or replaced
  817  soil, water quality classification of the potential surface
  818  water-receiving body, and the structural and maintenance
  819  viability of the system for the treatment of domestic
  820  wastewater. However, performance criteria shall address only the
  821  performance of a system and not a system’s design.
  822         2. A person electing to use utilize an engineer-designed
  823  system shall, upon completion of the system design, submit such
  824  design, certified by a registered professional engineer, to the
  825  county health department. The county health department may use
  826  utilize an outside consultant to review the engineer-designed
  827  system, with the actual cost of such review to be borne by the
  828  applicant. Within 5 working days after receiving an engineer
  829  designed system permit application, the county health department
  830  shall request additional information if the application is not
  831  complete. Within 15 working days after receiving a complete
  832  application for an engineer-designed system, the county health
  833  department either shall issue the permit or, if it determines
  834  that the system does not comply with the performance criteria,
  835  shall notify the applicant of that determination and refer the
  836  application to the department for a determination as to whether
  837  the system should be approved, disapproved, or approved with
  838  modification. The department engineer’s determination shall
  839  prevail over the action of the county health department. The
  840  applicant shall be notified in writing of the department’s
  841  determination and of the applicant’s rights to pursue a variance
  842  or seek review under the provisions of chapter 120.
  843         3. The owner of an engineer-designed performance-based
  844  system must maintain a current maintenance service agreement
  845  with a maintenance entity permitted by the department. The
  846  maintenance entity shall inspect each system at least twice each
  847  year and shall report quarterly to the department on the number
  848  of systems inspected and serviced. The reports may be submitted
  849  electronically.
  850         4. The property owner of an owner-occupied, single-family
  851  residence may be approved and permitted by the department as a
  852  maintenance entity for his or her own performance-based
  853  treatment system upon written certification from the system
  854  manufacturer’s approved representative that the property owner
  855  has received training on the proper installation and service of
  856  the system. The maintenance service agreement must conspicuously
  857  disclose that the property owner has the right to maintain his
  858  or her own system and is exempt from contractor registration
  859  requirements for performing construction, maintenance, or
  860  repairs on the system but is subject to all permitting
  861  requirements.
  862         5. The property owner shall obtain a biennial system
  863  operating permit from the department for each system. The
  864  department shall inspect the system at least annually, or on
  865  such periodic basis as the fee collected permits, and may
  866  collect system-effluent samples if appropriate to determine
  867  compliance with the performance criteria. The fee for the
  868  biennial operating permit shall be collected beginning with the
  869  second year of system operation.
  870         6. If an engineer-designed system fails to properly
  871  function or fails to meet performance standards, the system
  872  shall be re-engineered, if necessary, to bring the system into
  873  compliance with the provisions of this section.
  874         (k) An innovative system may be approved in conjunction
  875  with an engineer-designed site-specific system that which is
  876  certified by the engineer to meet the performance-based criteria
  877  adopted by the department.
  878         (l) For the Florida Keys, the department shall adopt a
  879  special rule for the construction, installation, modification,
  880  operation, repair, maintenance, and performance of onsite sewage
  881  treatment and disposal systems which considers the unique soil
  882  conditions and water table elevations, densities, and setback
  883  requirements. On lots where a setback distance of 75 feet from
  884  surface waters, saltmarsh, and buttonwood association habitat
  885  areas cannot be met, an injection well, approved and permitted
  886  by the department, may be used for disposal of effluent from
  887  onsite sewage treatment and disposal systems. The following
  888  additional requirements apply to onsite sewage treatment and
  889  disposal systems in Monroe County:
  890         1. The county, each municipality, and those special
  891  districts established for the purpose of the collection,
  892  transmission, treatment, or disposal of sewage shall ensure, in
  893  accordance with the specific schedules adopted by the
  894  Administration Commission under s. 380.0552, the completion of
  895  onsite sewage treatment and disposal system upgrades to meet the
  896  requirements of this paragraph.
  897         2. Onsite sewage treatment and disposal systems must cease
  898  discharge by December 31, 2015, or must comply with department
  899  rules and provide the level of treatment which, on a permitted
  900  annual average basis, produces an effluent that contains no more
  901  than the following concentrations:
  902         a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
  903         b. Suspended Solids of 10 mg/l.
  904         c. Total Nitrogen, expressed as N, of 10 mg/l or a
  905  reduction in nitrogen of at least 70 percent. A system that has
  906  been tested and certified to reduce nitrogen concentrations by
  907  at least 70 percent shall be deemed to be in compliance with
  908  this standard.
  909         d. Total Phosphorus, expressed as P, of 1 mg/l.
  910  
  911  In addition, onsite sewage treatment and disposal systems
  912  discharging to an injection well must provide basic disinfection
  913  as defined by department rule.
  914         3. In areas not scheduled to be served by a central sewer,
  915  onsite sewage treatment and disposal systems must, by December
  916  31, 2015, comply with department rules and provide the level of
  917  treatment described in subparagraph 2.
  918         4. In areas scheduled to be served by a central sewerage
  919  system sewer by December 31, 2015, if the property owner has
  920  paid a connection fee or assessment for connection to the
  921  central sewerage sewer system, the property owner may install a
  922  holding tank with a high water alarm or an onsite sewage
  923  treatment and disposal system that meets the following minimum
  924  standards:
  925         a. The existing tanks must be pumped and inspected and
  926  certified as being watertight and free of defects in accordance
  927  with department rule; and
  928         b. A sand-lined drainfield or injection well in accordance
  929  with department rule must be installed.
  930         5. Onsite sewage treatment and disposal systems must be
  931  monitored for total nitrogen and total phosphorus concentrations
  932  as required by department rule.
  933         6. The department shall enforce proper installation,
  934  operation, and maintenance of onsite sewage treatment and
  935  disposal systems pursuant to this chapter, including ensuring
  936  that the appropriate level of treatment described in
  937  subparagraph 2. is met.
  938         7. The authority of a local government, including a special
  939  district, to mandate connection of an onsite sewage treatment
  940  and disposal system is governed by s. 4, chapter 99-395, Laws of
  941  Florida.
  942         8. Notwithstanding any other provision of law, an onsite
  943  sewage treatment and disposal system installed after July 1,
  944  2010, in unincorporated Monroe County, excluding special
  945  wastewater districts, that complies with the standards in
  946  subparagraph 2. is not required to connect to a central sewer
  947  system until December 31, 2020.
  948         (m) Any No product sold in the state for use in onsite
  949  sewage treatment and disposal systems may not contain any
  950  substance in concentrations or amounts that would interfere with
  951  or prevent the successful operation of such system, or that
  952  would cause discharges from such systems to violate applicable
  953  water quality standards. The department shall publish criteria
  954  for products known or expected to meet the conditions of this
  955  paragraph. If In the event a product does not meet such
  956  criteria, such product may be sold if the manufacturer
  957  satisfactorily demonstrates to the department that the
  958  conditions of this paragraph are met.
  959         (n) Evaluations for determining the seasonal high-water
  960  table elevations or the suitability of soils for the use of a
  961  new onsite sewage treatment and disposal system shall be
  962  performed by department personnel, professional engineers
  963  registered in the state, or such other persons with expertise,
  964  as defined by rule, in making such evaluations. Evaluations for
  965  determining mean annual flood lines shall be performed by those
  966  persons identified in paragraph (2)(k) (2)(j). The department
  967  shall accept evaluations submitted by professional engineers and
  968  such other persons as meet the expertise established by this
  969  section or by rule unless the department has a reasonable
  970  scientific basis for questioning the accuracy or completeness of
  971  the evaluation.
  972         (o) The department shall appoint a research review and
  973  advisory committee, which shall meet at least semiannually. The
  974  committee shall advise the department on directions for new
  975  research, review and rank proposals for research contracts, and
  976  review draft research reports and make comments. The committee
  977  is comprised of:
  978         1. A representative of the State Surgeon General, or his or
  979  her designee.
  980         2. A representative from the septic tank industry.
  981         3. A representative from the home building industry.
  982         4. A representative from an environmental interest group.
  983         5. A representative from the State University System, from
  984  a department knowledgeable about onsite sewage treatment and
  985  disposal systems.
  986         6. A professional engineer registered in this state who has
  987  work experience in onsite sewage treatment and disposal systems.
  988         7. A representative from local government who is
  989  knowledgeable about domestic wastewater treatment.
  990         8. A representative from the real estate profession.
  991         9. A representative from the restaurant industry.
  992         10. A consumer.
  993  
  994  Members shall be appointed for a term of 3 years, with the
  995  appointments being staggered so that the terms of no more than
  996  four members expire in any one year. Members shall serve without
  997  remuneration, but are entitled to reimbursement for per diem and
  998  travel expenses as provided in s. 112.061.
  999         (o)(p) An application for an onsite sewage treatment and
 1000  disposal system permit shall be completed in full, signed by the
 1001  owner or the owner’s authorized representative, or by a
 1002  contractor licensed under chapter 489, and shall be accompanied
 1003  by all required exhibits and fees. No Specific documentation of
 1004  property ownership is not shall be required as a prerequisite to
 1005  the review of an application or the issuance of a permit. The
 1006  issuance of a permit does not constitute determination by the
 1007  department of property ownership.
 1008         (p)(q) The department may not require any form of
 1009  subdivision analysis of property by an owner, developer, or
 1010  subdivider before prior to submission of an application for an
 1011  onsite sewage treatment and disposal system.
 1012         (q)(r)Nothing in This section does not limit limits the
 1013  power of a municipality or county to enforce other laws for the
 1014  protection of the public health and safety.
 1015         (r)(s) In the siting of onsite sewage treatment and
 1016  disposal systems, including drainfields, shoulders, and slopes,
 1017  guttering may shall not be required on single-family residential
 1018  dwelling units for systems located greater than 5 feet from the
 1019  roof drip line of the house. If guttering is used on residential
 1020  dwelling units, the downspouts shall be directed away from the
 1021  drainfield.
 1022         (s)(t) Notwithstanding the provisions of subparagraph
 1023  (g)1., onsite sewage treatment and disposal systems located in
 1024  floodways of the Suwannee and Aucilla Rivers must adhere to the
 1025  following requirements:
 1026         1. The absorption surface of the drainfield may shall not
 1027  be subject to flooding based on 10-year flood elevations.
 1028  Provided, however, for lots or parcels created by the
 1029  subdivision of land in accordance with applicable local
 1030  government regulations before prior to January 17, 1990, if an
 1031  applicant cannot construct a drainfield system with the
 1032  absorption surface of the drainfield at an elevation equal to or
 1033  above 10-year flood elevation, the department shall issue a
 1034  permit for an onsite sewage treatment and disposal system within
 1035  the 10-year floodplain of rivers, streams, and other bodies of
 1036  flowing water if all of the following criteria are met:
 1037         a. The lot is at least one-half acre in size;
 1038         b. The bottom of the drainfield is at least 36 inches above
 1039  the 2-year flood elevation; and
 1040         c. The applicant installs either: a waterless,
 1041  incinerating, or organic waste composting toilet and a graywater
 1042  system and drainfield in accordance with department rules; an
 1043  aerobic treatment unit and drainfield in accordance with
 1044  department rules; a system approved by the State Health Office
 1045  that is capable of reducing effluent nitrate by at least 50
 1046  percent in accordance with department rules; or a system other
 1047  than a system using alternative drainfield materials in
 1048  accordance with department rules approved by the county health
 1049  department pursuant to department rule other than a system using
 1050  alternative drainfield materials. The United States Department
 1051  of Agriculture Soil Conservation Service soil maps, State of
 1052  Florida Water Management District data, and Federal Emergency
 1053  Management Agency Flood Insurance maps are resources that shall
 1054  be used to identify flood-prone areas.
 1055         2. The use of fill or mounding to elevate a drainfield
 1056  system out of the 10-year floodplain of rivers, streams, or
 1057  other bodies of flowing water may shall not be permitted if such
 1058  a system lies within a regulatory floodway of the Suwannee and
 1059  Aucilla Rivers. In cases where the 10-year flood elevation does
 1060  not coincide with the boundaries of the regulatory floodway, the
 1061  regulatory floodway will be considered for the purposes of this
 1062  subsection to extend at a minimum to the 10-year flood
 1063  elevation.
 1064         (t)1.(u)1. The owner of an aerobic treatment unit system
 1065  shall maintain a current maintenance service agreement with an
 1066  aerobic treatment unit maintenance entity permitted by the
 1067  department. The maintenance entity shall inspect each aerobic
 1068  treatment unit system at least twice each year and shall report
 1069  quarterly to the department on the number of aerobic treatment
 1070  unit systems inspected and serviced. The reports may be
 1071  submitted electronically.
 1072         2. The property owner of an owner-occupied, single-family
 1073  residence may be approved and permitted by the department as a
 1074  maintenance entity for his or her own aerobic treatment unit
 1075  system upon written certification from the system manufacturer’s
 1076  approved representative that the property owner has received
 1077  training on the proper installation and service of the system.
 1078  The maintenance entity service agreement must conspicuously
 1079  disclose that the property owner has the right to maintain his
 1080  or her own system and is exempt from contractor registration
 1081  requirements for performing construction, maintenance, or
 1082  repairs on the system but is subject to all permitting
 1083  requirements.
 1084         3. A septic tank contractor licensed under part III of
 1085  chapter 489, if approved by the manufacturer, may not be denied
 1086  access by the manufacturer to aerobic treatment unit system
 1087  training or spare parts for maintenance entities. After the
 1088  original warranty period, component parts for an aerobic
 1089  treatment unit system may be replaced with parts that meet
 1090  manufacturer’s specifications but are manufactured by others.
 1091  The maintenance entity shall maintain documentation of the
 1092  substitute part’s equivalency for 2 years and shall provide such
 1093  documentation to the department upon request.
 1094         4. The owner of an aerobic treatment unit system shall
 1095  obtain a system operating permit from the department and allow
 1096  the department to inspect during reasonable hours each aerobic
 1097  treatment unit system at least annually, and such inspection may
 1098  include collection and analysis of system-effluent samples for
 1099  performance criteria established by rule of the department.
 1100         (u)(v) The department may require the submission of
 1101  detailed system construction plans that are prepared by a
 1102  professional engineer registered in this state. The department
 1103  shall establish by rule criteria for determining when such a
 1104  submission is required.
 1105         (v)(w) Any permit issued and approved by the department for
 1106  the installation, modification, or repair of an onsite sewage
 1107  treatment and disposal system shall transfer with the title to
 1108  the property in a real estate transaction. A title may not be
 1109  encumbered at the time of transfer by new permit requirements by
 1110  a governmental entity for an onsite sewage treatment and
 1111  disposal system which differ from the permitting requirements in
 1112  effect at the time the system was permitted, modified, or
 1113  repaired. An inspection of a system may not be mandated by a
 1114  governmental entity at the point of sale in a real estate
 1115  transaction. This paragraph does not affect a septic tank phase
 1116  out deferral program implemented by a consolidated government as
 1117  defined in s. 9, Art. VIII of the State Constitution (1885).
 1118         (w)(x) A governmental entity, including a municipality,
 1119  county, or statutorily created commission, may not require an
 1120  engineer-designed performance-based treatment system, excluding
 1121  a passive engineer-designed performance-based treatment system,
 1122  before the completion of the Florida Onsite Sewage Nitrogen
 1123  Reduction Strategies Project. This paragraph does not apply to a
 1124  governmental entity, including a municipality, county, or
 1125  statutorily created commission, which adopted a local law,
 1126  ordinance, or regulation on or before January 31, 2012.
 1127  Notwithstanding this paragraph, an engineer-designed
 1128  performance-based treatment system may be used to meet the
 1129  requirements of the variance review and advisory committee
 1130  recommendations.
 1131         (x)1.(y)1. An onsite sewage treatment and disposal system
 1132  is not considered abandoned if the system is disconnected from a
 1133  structure that was made unusable or destroyed following a
 1134  disaster and if the system was properly functioning at the time
 1135  of disconnection and was not adversely affected by the disaster.
 1136  The onsite sewage treatment and disposal system may be
 1137  reconnected to a rebuilt structure if:
 1138         a. The reconnection of the system is to the same type of
 1139  structure which contains the same number of bedrooms or fewer,
 1140  if the square footage of the structure is less than or equal to
 1141  110 percent of the original square footage of the structure that
 1142  existed before the disaster;
 1143         b. The system is not a sanitary nuisance; and
 1144         c. The system has not been altered without prior
 1145  authorization.
 1146         2. An onsite sewage treatment and disposal system that
 1147  serves a property that is foreclosed upon is not considered
 1148  abandoned.
 1149         (y)(z) If an onsite sewage treatment and disposal system
 1150  permittee receives, relies upon, and undertakes construction of
 1151  a system based upon a validly issued construction permit under
 1152  rules applicable at the time of construction but a change to a
 1153  rule occurs within 5 years after the approval of the system for
 1154  construction but before the final approval of the system, the
 1155  rules applicable and in effect at the time of construction
 1156  approval apply at the time of final approval if fundamental site
 1157  conditions have not changed between the time of construction
 1158  approval and final approval.
 1159         (z)(aa) An existing-system inspection or evaluation and
 1160  assessment, or a modification, replacement, or upgrade of an
 1161  onsite sewage treatment and disposal system is not required for
 1162  a remodeling addition or modification to a single-family home if
 1163  a bedroom is not added. However, a remodeling addition or
 1164  modification to a single-family home may not cover any part of
 1165  the existing system or encroach upon a required setback or the
 1166  unobstructed area. To determine if a setback or the unobstructed
 1167  area is impacted, the local health department shall review and
 1168  verify a floor plan and site plan of the proposed remodeling
 1169  addition or modification to the home submitted by a remodeler
 1170  which shows the location of the system, including the distance
 1171  of the remodeling addition or modification to the home from the
 1172  onsite sewage treatment and disposal system. The local health
 1173  department may visit the site or otherwise determine the best
 1174  means of verifying the information submitted. A verification of
 1175  the location of a system is not an inspection or evaluation and
 1176  assessment of the system. The review and verification must be
 1177  completed within 7 business days after receipt by the local
 1178  health department of a floor plan and site plan. If the review
 1179  and verification is not completed within such time, the
 1180  remodeling addition or modification to the single-family home,
 1181  for the purposes of this paragraph, is approved.
 1182         (7) LOT SIZE CALCULATION.—When applying the prohibition
 1183  imposed by s. 373.811(2), the department shall:
 1184         (a) Include portions of the lot subject to an easement or
 1185  right of entry when determining the size of a lot.
 1186         (b) Determine that a hardship exists in accordance with s.
 1187  403.201(1)(c) when an applicant for a variance demonstrates that
 1188  the lot subject to the request is no smaller than 0.85 acres and
 1189  that lots in the immediate proximity average one acre in size or
 1190  larger.
 1191         (8) In addition to allowing the use of other department
 1192  approved nutrient removing onsite sewage treatment and disposal
 1193  systems to meet the requirements of a total maximum daily load
 1194  or basin management action plan adopted pursuant to 403.067, a
 1195  reasonable assurance plan, or other water quality protection and
 1196  restoration requirements, the department shall also allow the
 1197  use of National Sanitation Foundation International/American
 1198  National Standards Institute 245 systems approved by the Public
 1199  Health and Safety Organization before July 1, 2019.
 1200         Section 13. Paragraph (d) of subsection (7) and subsections
 1201  (8) and (9) of section 381.00651, Florida Statutes, are amended
 1202  to read:
 1203         381.00651 Periodic evaluation and assessment of onsite
 1204  sewage treatment and disposal systems.—
 1205         (7) The following procedures shall be used for conducting
 1206  evaluations:
 1207         (d) Assessment procedure.—All evaluation procedures used by
 1208  a qualified contractor shall be documented in the environmental
 1209  health database of the department of Health. The qualified
 1210  contractor shall provide a copy of a written, signed evaluation
 1211  report to the property owner upon completion of the evaluation
 1212  and to the county health department within 30 days after the
 1213  evaluation. The report shall contain the name and license number
 1214  of the company providing the report. A copy of the evaluation
 1215  report shall be retained by the local county health department
 1216  for a minimum of 5 years and until a subsequent inspection
 1217  report is filed. The front cover of the report must identify any
 1218  system failure and include a clear and conspicuous notice to the
 1219  owner that the owner has a right to have any remediation of the
 1220  failure performed by a qualified contractor other than the
 1221  contractor performing the evaluation. The report must further
 1222  identify any crack, leak, improper fit, or other defect in the
 1223  tank, manhole, or lid, and any other damaged or missing
 1224  component; any sewage or effluent visible on the ground or
 1225  discharging to a ditch or other surface water body; any
 1226  downspout, stormwater, or other source of water directed onto or
 1227  toward the system; and any other maintenance need or condition
 1228  of the system at the time of the evaluation which, in the
 1229  opinion of the qualified contractor, would possibly interfere
 1230  with or restrict any future repair or modification to the
 1231  existing system. The report shall conclude with an overall
 1232  assessment of the fundamental operational condition of the
 1233  system.
 1234         (8) The county health department, in coordination with the
 1235  department, shall administer any evaluation program on behalf of
 1236  a county, or a municipality within the county, that has adopted
 1237  an evaluation program pursuant to this section. In order to
 1238  administer the evaluation program, the county or municipality,
 1239  in consultation with the county health department, may develop a
 1240  reasonable fee schedule to be used solely to pay for the costs
 1241  of administering the evaluation program. Such a fee schedule
 1242  shall be identified in the ordinance that adopts the evaluation
 1243  program. When arriving at a reasonable fee schedule, the
 1244  estimated annual revenues to be derived from fees may not exceed
 1245  reasonable estimated annual costs of the program. Fees shall be
 1246  assessed to the system owner during an inspection and separately
 1247  identified on the invoice of the qualified contractor. Fees
 1248  shall be remitted by the qualified contractor to the county
 1249  health department. The county health department’s administrative
 1250  responsibilities include the following:
 1251         (a) Providing a notice to the system owner at least 60 days
 1252  before the system is due for an evaluation. The notice may
 1253  include information on the proper maintenance of onsite sewage
 1254  treatment and disposal systems.
 1255         (b) In consultation with the department of Health,
 1256  providing uniform disciplinary procedures and penalties for
 1257  qualified contractors who do not comply with the requirements of
 1258  the adopted ordinance, including, but not limited to, failure to
 1259  provide the evaluation report as required in this subsection to
 1260  the system owner and the county health department. Only the
 1261  county health department may assess penalties against system
 1262  owners for failure to comply with the adopted ordinance,
 1263  consistent with existing requirements of law.
 1264         (9)(a) A county or municipality that adopts an onsite
 1265  sewage treatment and disposal system evaluation and assessment
 1266  program pursuant to this section shall notify the Secretary of
 1267  Environmental Protection, the Department of Health, and the
 1268  applicable county health department upon the adoption of its
 1269  ordinance establishing the program.
 1270         (b) Upon receipt of the notice under paragraph (a), the
 1271  department of Environmental Protection shall, within existing
 1272  resources, notify the county or municipality of the potential
 1273  use of, and access to, program funds under the Clean Water State
 1274  Revolving Fund or s. 319 of the Clean Water Act, provide
 1275  guidance in the application process to receive such moneys, and
 1276  provide advice and technical assistance to the county or
 1277  municipality on how to establish a low-interest revolving loan
 1278  program or how to model a revolving loan program after the low
 1279  interest loan program of the Clean Water State Revolving Fund.
 1280  This paragraph does not obligate the department of Environmental
 1281  Protection to provide any county or municipality with money to
 1282  fund such programs.
 1283         (c) The department of Health may not adopt any rule that
 1284  alters the provisions of this section.
 1285         (d) The department of Health must allow county health
 1286  departments and qualified contractors access to the
 1287  environmental health database to track relevant information and
 1288  assimilate data from assessment and evaluation reports of the
 1289  overall condition of onsite sewage treatment and disposal
 1290  systems. The environmental health database must be used by
 1291  contractors to report each service and evaluation event and by a
 1292  county health department to notify owners of onsite sewage
 1293  treatment and disposal systems when evaluations are due. Data
 1294  and information must be recorded and updated as service and
 1295  evaluations are conducted and reported.
 1296         Section 14. Effective July 1, 2019, section 381.00652,
 1297  Florida Statutes, is created to read:
 1298         381.00652 Onsite treatment and disposal systems;
 1299  permitting.—
 1300         (1) ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS TECHNICAL
 1301  ADVISORY COMMITTEE.—
 1302         (a) By August 1, 2019, the department, in consultation with
 1303  the Department of Health, shall appoint a technical advisory
 1304  committee to assist in developing rules that will increase the
 1305  availability of nutrient-removing onsite sewage treatment and
 1306  disposal systems in the marketplace, including such systems that
 1307  are cost-effective, low maintenance, and reliable. By July 1,
 1308  2020, the committee shall consider and recommend regulatory
 1309  options, such as fast-track approval, prequalification, or
 1310  expedited permitting, to facilitate the introduction and use of
 1311  nutrient-removing onsite sewage treatment and disposal systems
 1312  that have been reviewed and approved by a national agency or
 1313  organization, such as the National Sanitation Foundation
 1314  International/American National Standards Institute 245 systems
 1315  approved by the Public Health and Safety Organization. The
 1316  department shall use existing and available resources to
 1317  administer and support the activities of the technical advisory
 1318  committee.
 1319         (b) The advisory committee shall consist of at least five
 1320  but not more than nine members representing the home-building
 1321  industry, the real estate industry, the onsite sewage treatment
 1322  and disposal system industry, septic tank contractors,
 1323  engineers, and local governments. Members shall serve without
 1324  compensation and are not entitled to reimbursement for per diem
 1325  or travel expenses.
 1326         (c) This subsection shall expire on July 1, 2020.
 1327         (2) ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEMS
 1328  RULEMAKING.—The department shall initiate rulemaking no later
 1329  than August 1, 2020, considering the recommendations of the
 1330  technical advisory committee, and adopt rules to increase the
 1331  availability of cost-effective, low maintenance, and reliable
 1332  nutrient-removing onsite sewage treatment and disposal systems
 1333  in the marketplace.
 1334         Section 15. Section 381.0068, Florida Statutes, is
 1335  repealed.
 1336         Section 16. Paragraph (g) of subsection (1) of section
 1337  381.0101, Florida Statutes, is amended to read:
 1338         381.0101 Environmental health professionals.—
 1339         (1) DEFINITIONS.—As used in this section:
 1340         (g) “Primary environmental health program” means those
 1341  programs determined by the department to be essential for
 1342  providing basic environmental and sanitary protection to the
 1343  public. At a minimum, these programs shall include food
 1344  protection programs program work and onsite sewage treatment and
 1345  disposal system evaluations.
 1346         Section 17. Paragraph (a) of subsection (7) of section
 1347  403.067, Florida Statutes, is amended to read:
 1348         403.067 Establishment and implementation of total maximum
 1349  daily loads.—
 1350         (7) DEVELOPMENT OF BASIN MANAGEMENT PLANS AND
 1351  IMPLEMENTATION OF TOTAL MAXIMUM DAILY LOADS.—
 1352         (a) Basin management action plans.—
 1353         1. In developing and implementing the total maximum daily
 1354  load for a water body, the department, or the department in
 1355  conjunction with a water management district, may develop a
 1356  basin management action plan that addresses some or all of the
 1357  watersheds and basins tributary to the water body. Such plan
 1358  must integrate the appropriate management strategies available
 1359  to the state through existing water quality protection programs
 1360  to achieve the total maximum daily loads and may provide for
 1361  phased implementation of these management strategies to promote
 1362  timely, cost-effective actions as provided for in s. 403.151.
 1363  The plan must establish a schedule implementing the management
 1364  strategies, establish a basis for evaluating the plan’s
 1365  effectiveness, and identify feasible funding strategies for
 1366  implementing the plan’s management strategies. The management
 1367  strategies may include regional treatment systems or other
 1368  public works, where appropriate, and voluntary trading of water
 1369  quality credits to achieve the needed pollutant load reductions.
 1370         2. A basin management action plan must equitably allocate,
 1371  pursuant to paragraph (6)(b), pollutant reductions to individual
 1372  basins, as a whole to all basins, or to each identified point
 1373  source or category of nonpoint sources, as appropriate. For
 1374  nonpoint sources for which best management practices have been
 1375  adopted, the initial requirement specified by the plan must be
 1376  those practices developed pursuant to paragraph (c). Where
 1377  appropriate, the plan may take into account the benefits of
 1378  pollutant load reduction achieved by point or nonpoint sources
 1379  that have implemented management strategies to reduce pollutant
 1380  loads, including best management practices, before the
 1381  development of the basin management action plan. The plan must
 1382  also identify the mechanisms that will address potential future
 1383  increases in pollutant loading.
 1384         3. The basin management action planning process is intended
 1385  to involve the broadest possible range of interested parties,
 1386  with the objective of encouraging the greatest amount of
 1387  cooperation and consensus possible. In developing a basin
 1388  management action plan, the department shall assure that key
 1389  stakeholders, including, but not limited to, applicable local
 1390  governments, water management districts, the Department of
 1391  Agriculture and Consumer Services, other appropriate state
 1392  agencies, local soil and water conservation districts,
 1393  environmental groups, regulated interests, and affected
 1394  pollution sources, are invited to participate in the process.
 1395  The department shall hold at least one public meeting in the
 1396  vicinity of the watershed or basin to discuss and receive
 1397  comments during the planning process and shall otherwise
 1398  encourage public participation to the greatest practicable
 1399  extent. Notice of the public meeting must be published in a
 1400  newspaper of general circulation in each county in which the
 1401  watershed or basin lies at least not less than 5 days but not
 1402  nor more than 15 days before the public meeting. A basin
 1403  management action plan does not supplant or otherwise alter any
 1404  assessment made under subsection (3) or subsection (4) or any
 1405  calculation or initial allocation.
 1406         4. Each new or revised basin management action plan shall
 1407  include:
 1408         a. The appropriate management strategies available through
 1409  existing water quality protection programs to achieve total
 1410  maximum daily loads, which may provide for phased implementation
 1411  to promote timely, cost-effective actions as provided for in s.
 1412  403.151;
 1413         b. A description of best management practices adopted by
 1414  rule;
 1415         c. A list of projects in priority ranking with a planning
 1416  level cost estimate and estimated date of completion for each
 1417  listed project;
 1418         d. The source and amount of financial assistance to be made
 1419  available by the department, a water management district, or
 1420  other entity for each listed project, if applicable; and
 1421         e. A planning-level estimate of each listed project’s
 1422  expected load reduction, if applicable.
 1423         5. The department shall adopt all or any part of a basin
 1424  management action plan and any amendment to such plan by
 1425  secretarial order pursuant to chapter 120 to implement the
 1426  provisions of this section.
 1427         6. The basin management action plan must include milestones
 1428  for implementation and water quality improvement, and an
 1429  associated water quality monitoring component sufficient to
 1430  evaluate whether reasonable progress in pollutant load
 1431  reductions is being achieved over time. An assessment of
 1432  progress toward these milestones shall be conducted every 5
 1433  years, and revisions to the plan shall be made as appropriate.
 1434  Revisions to the basin management action plan shall be made by
 1435  the department in cooperation with basin stakeholders. Revisions
 1436  to the management strategies required for nonpoint sources must
 1437  follow the procedures set forth in subparagraph (c)4. Revised
 1438  basin management action plans must be adopted pursuant to
 1439  subparagraph 5.
 1440         7. In accordance with procedures adopted by rule under
 1441  paragraph (9)(c), basin management action plans, and other
 1442  pollution control programs under local, state, or federal
 1443  authority as provided in subsection (4), may allow point or
 1444  nonpoint sources that will achieve greater pollutant reductions
 1445  than required by an adopted total maximum daily load or
 1446  wasteload allocation to generate, register, and trade water
 1447  quality credits for the excess reductions to enable other
 1448  sources to achieve their allocation; however, the generation of
 1449  water quality credits does not remove the obligation of a source
 1450  or activity to meet applicable technology requirements or
 1451  adopted best management practices. Such plans must allow trading
 1452  between NPDES permittees, and trading that may or may not
 1453  involve NPDES permittees, where the generation or use of the
 1454  credits involve an entity or activity not subject to department
 1455  water discharge permits whose owner voluntarily elects to obtain
 1456  department authorization for the generation and sale of credits.
 1457         8. The provisions of the department’s rule relating to the
 1458  equitable abatement of pollutants into surface waters do not
 1459  apply to water bodies or water body segments for which a basin
 1460  management plan that takes into account future new or expanded
 1461  activities or discharges has been adopted under this section.
 1462         9. The department shall submit to the Office of Economic
 1463  and Demographic Research the project cost estimates required in
 1464  sub-subparagraph 4.c., including any septic-to-sewer conversion
 1465  and septic tank remediation project costs.
 1466         Section 18. Subsection (1) of section 489.551, Florida
 1467  Statutes, is amended to read:
 1468         489.551 Definitions.—As used in this part:
 1469         (1) “Department” means the Department of Environmental
 1470  Protection Health.
 1471         Section 19. Except as otherwise expressly provided in this
 1472  act, and except for section 2, s. 381.0065(7) as amended by this
 1473  act, and s. 381.0652 as created by this act, and this section,
 1474  which shall take effect upon July 1, 2019, this act shall take
 1475  effect on July 1, 2020.
 1476  
 1477  ================= T I T L E A M E N D M E N T ================
 1478  And the title is amended as follows:
 1479         Delete everything before the enacting clause
 1480  and insert:
 1481                        A bill to be entitled                      
 1482         An act relating to onsite sewage treatment and
 1483         disposal systems; transferring the Onsite Sewage
 1484         Program within the Department of Health to the
 1485         Department of Environmental Protection; requiring a
 1486         memorandum of agreement between the Department of
 1487         Health and the Department of Environmental Protection
 1488         by a specified date; amending ss. 153.54, 153.73,
 1489         163.3180, and 180.03, F.S.; conforming provisions to
 1490         changes made by the act; amending s. 373.036, F.S.;
 1491         requiring water management districts to submit
 1492         consolidated annual reports to the Office of Economic
 1493         and Demographic Research by a specified date;
 1494         requiring such reports to include septic-to-sewer
 1495         conversion and septic tank remediation projects;
 1496         amending ss. 373.807, 381.006, 381.0061, and 381.0064,
 1497         F.S.; conforming provisions and a cross-reference to
 1498         changes made by the act; amending s. 381.0065, F.S.;
 1499         conforming provisions to changes made by the act;
 1500         removing provisions requiring certain onsite sewage
 1501         treatment and disposal system research projects to be
 1502         approved by a Department of Health technical review
 1503         and advisory panel; removing provisions prohibiting
 1504         the award of research projects to certain entities;
 1505         removing provisions establishing a Department of
 1506         Health onsite sewage treatment and disposal system
 1507         research review and advisory committee; providing
 1508         requirements for the department’s lot size
 1509         calculation; authorizing the department to allow the
 1510         use of National Sanitation Foundation
 1511         International/American National Standards Institute
 1512         245 systems; amending s. 381.00651, F.S.; requiring
 1513         the county health departments to coordinate with the
 1514         department to administer onsite sewage treatment and
 1515         disposal system evaluation programs; conforming
 1516         provisions to changes made by the act; creating s.
 1517         381.00652, F.S.; requiring the Department of
 1518         Environmental Protection to appoint an onsite sewage
 1519         treatment and disposal systems technical advisory
 1520         committee; providing for committee purpose,
 1521         membership, and expiration; directing the department
 1522         to initiate rulemaking by a specified date and to
 1523         adopt specified rules; repealing s. 381.0068, F.S.,
 1524         relating to the Department of Health onsite sewage
 1525         treatment and disposal systems technical review and
 1526         advisory panel; amending s. 381.0101, F.S.; conforming
 1527         provisions to changes made by the act; amending s.
 1528         403.067, F.S.; directing the department to submit
 1529         certain water quality project cost estimates to the
 1530         Office of Economic and Demographic Research; amending
 1531         s. 489.551, F.S.; conforming provisions to changes
 1532         made by the act; providing effective dates.