H 589

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1
2An act relating to onsite sewage treatment and
3disposal system permits; amending s. 381.0065, F.S.;
4prohibiting a municipality or political subdivision of
5the state from requiring owners and builders of
6certain residences to receive construction permits
7from the Department of Environmental Protection as a
8condition of issuing building or plumbing permits;
9requiring such owners and builders to provide certain
10proof to the municipality or political subdivision;
11requiring an applicant for a permit for the
12construction of an onsite sewage treatment and
13disposal system or a property owner to assume
14specified liabilities under certain circumstances;
15providing applicability for certain new rules adopted
16by the department within a specified timeframe;
17amending ss. 380.0552 and 381.00651, F.S.; conforming
18cross-references; providing effective dates.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22Section 1.  Subsection (4) of section 381.0065, Florida
23Statutes, is amended to read:
24381.0065  Onsite sewage treatment and disposal systems;
25regulation.—
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26(4)     PERMITS; INSTALLATION; CONDITIONS.—A person may not
27    construct, repair, modify, abandon, or operate an onsite sewage
28    treatment and disposal system without first obtaining a permit
29    approved by the department. The department may issue permits to
30    carry out this section, except that the issuance of a permit for
31    work seaward of the coastal construction control line
32    established under s. 161.053 shall be contingent upon receipt of
33    any required coastal construction control line permit from the
34    department. A construction permit is valid for 18 months after
35    the date of issuance and may be extended by the department for
36    one 90-day period under rules adopted by the department. A
37    repair permit is valid for 90 days after the date of issuance.
38    An operating permit must be obtained before the use of any
39    aerobic treatment unit or if the establishment generates
40    commercial waste. Buildings or establishments that use an
41    aerobic treatment unit or generate commercial waste shall be
42    inspected by the department at least annually to assure
43    compliance with the terms of the operating permit. The operating
44    permit for a commercial wastewater system is valid for 1 year
45    after the date of issuance and must be renewed annually. The
46    operating permit for an aerobic treatment unit is valid for 2
47    years after the date of issuance and must be renewed every 2
48    years. If all information pertaining to the siting, location,
49    and installation conditions or repair of an onsite sewage
50    treatment and disposal system remains the same, a construction
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51    or repair permit for the onsite sewage treatment and disposal
52    system may be transferred to another person, if the transferee
53    files, within 60 days after the transfer of ownership, an
54    amended application providing all corrected information and
55    proof of ownership of the property. A fee is not associated with
56    the processing of this supplemental information. A person may
57    not contract to construct, modify, alter, repair, service,
58    abandon, or maintain any portion of an onsite sewage treatment
59    and disposal system without being registered under part III of
60    chapter 489. A property owner who personally performs
61    construction, maintenance, or repairs to a system serving his or
62    her own owner-occupied single-family residence is exempt from
63    registration requirements for performing such construction,
64    maintenance, or repairs on that residence, but is subject to all
65    permitting requirements. Except as provided in paragraph (a), a
66    municipality or political subdivision of the state may not issue
67    a building or plumbing permit for any building that requires the
68    use of an onsite sewage treatment and disposal system unless the
69    owner or builder has received a construction permit for such
70    system from the department. A building or structure may not be
71    occupied and a municipality, political subdivision, or any state
72    or federal agency may not authorize occupancy until the
73    department approves the final installation of the onsite sewage
74    treatment and disposal system. A municipality or political
75    subdivision of the state may not approve any change in occupancy
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76     or tenancy of a building that uses an onsite sewage treatment
77     and disposal system until the department has reviewed the use of
78     the system with the proposed change, approved the change, and
79     amended the operating permit.
80(a)     If the building or plumbing permit is for a single-
81     family residence that requires the use of an onsite sewage
82     treatment and disposal system, a municipality or political
83     subdivision of the state may not require the owner or builder to
84     receive a construction permit from the department for such
85     system as a condition of issuing the building or plumbing
86     permit. The owner or builder of the single-family residence must
87     provide to a municipality or political subdivision proof that
88     the owner or builder submitted an application for the onsite
89     sewage treatment and disposal system when applying for a
90     building or plumbing permit.
91(b)     If construction of the onsite sewage treatment and
92     disposal system commences before the issuance of the permit for
93     the onsite sewage treatment and disposal system, the property
94     owner or the applicant must assume all legal, financial, and
95     safety liabilities arising therefrom.
96(c)(a)       Subdivisions and lots in which each lot has a
97     minimum area of at least one-half acre and either a minimum
98     dimension of 100 feet or a mean of at least 100 feet of the side
99     bordering the street and the distance formed by a line parallel
100    to the side bordering the street drawn between the two most
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101    distant points of the remainder of the lot may be developed with
102    a water system regulated under s. 381.0062 and onsite sewage
103    treatment and disposal systems, provided the projected daily
104    sewage flow does not exceed an average of 1,500 gallons per acre
105    per day, and provided satisfactory drinking water can be
106    obtained and all distance and setback, soil condition, water
107    table elevation, and other related requirements of this section
108    and rules adopted under this section can be met.
109(d)(b)       Subdivisions and lots using a public water system
110    as defined in s. 403.852 may use onsite sewage treatment and
111    disposal systems, provided there are no more than four lots per
112    acre, provided the projected daily sewage flow does not exceed
113    an average of 2,500 gallons per acre per day, and provided that
114    all distance and setback, soil condition, water table elevation,
115    and other related requirements that are generally applicable to
116    the use of onsite sewage treatment and disposal systems are met.
117(e)(c)       Notwithstanding paragraphs (c) and (d) (a) and (b),
118    for subdivisions platted of record on or before October 1, 1991,
119    when a developer or other appropriate entity has previously made
120    or makes provisions, including financial assurances or other
121    commitments, acceptable to the department, that a central water
122    system will be installed by a regulated public utility based on
123    a density formula, private potable wells may be used with onsite
124    sewage treatment and disposal systems until the agreed-upon
125    densities are reached. In a subdivision regulated by this
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126    paragraph, the average daily sewage flow may not exceed 2,500
127    gallons per acre per day. This section does not affect the
128    validity of existing prior agreements. After October 1, 1991,
129    the exception provided under this paragraph is not available to
130    a developer or other appropriate entity.
131(f)(d)       Paragraphs (c) and (d) (a) and (b) do not apply to
132    any proposed residential subdivision with more than 50 lots or
133    to any proposed commercial subdivision with more than 5 lots
134    where a publicly owned or investor-owned sewage treatment system
135    is available. This paragraph does not allow development of
136    additional proposed subdivisions in order to evade the
137    requirements of this paragraph.
138(g)(e)       The department shall adopt rules relating to the
139    location of onsite sewage treatment and disposal systems,
140    including establishing setback distances, to prevent groundwater
141    contamination and surface water contamination and to preserve
142    the public health. The rules must consider conventional and
143    enhanced nutrient-reducing onsite sewage treatment and disposal
144    system designs, impaired or degraded water bodies, domestic
145    wastewater and drinking water infrastructure, potable water
146    sources, nonpotable wells, stormwater infrastructure, the onsite
147    sewage treatment and disposal system remediation plans developed
148    pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the
149    recommendations of the onsite sewage treatment and disposal
150    systems technical advisory committee established pursuant to
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151    former s. 381.00652. The rules must also allow a person to apply
152    for and receive a variance from a rule requirement upon
153    demonstration that the requirement would cause an undue hardship
154    and granting the variance would not cause or contribute to the
155    exceedance of a total maximum daily load.
156(h)(f)       Onsite sewage treatment and disposal systems that
157    are permitted before June 21, 2022, may not be placed closer
158    than:
1591.      Seventy-five feet from a private potable well.
1602.      Two hundred feet from a public potable well serving a
161    residential or nonresidential establishment having a total
162    sewage flow of greater than 2,000 gallons per day.
1633.      One hundred feet from a public potable well serving a
164    residential or nonresidential establishment having a total
165    sewage flow of less than or equal to 2,000 gallons per day.
1664.      Fifty feet from any nonpotable well.
1675.      Ten feet from any storm sewer pipe, to the maximum
168    extent possible, but in no instance shall the setback be less
169    than 5 feet.
1706.      Seventy-five feet from the mean high-water line of a
171    tidally influenced surface water body.
1727.      Seventy-five feet from the mean annual flood line of a
173    permanent nontidal surface water body.
1748.      Fifteen feet from the design high-water line of
175    retention areas, detention areas, or swales designed to contain
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176    standing or flowing water for less than 72 hours after a
177    rainfall or the design high-water level of normally dry drainage
178    ditches or normally dry individual lot stormwater retention
179    areas.
180(i)(g)       This section and rules adopted under this section
181    relating to soil condition, water table elevation, distance, and
182    other setback requirements must be equally applied to all lots,
183    with the following exceptions:
1841.      Any residential lot that was platted and recorded on or
185    after January 1, 1972, or that is part of a residential
186    subdivision that was approved by the appropriate permitting
187    agency on or after January 1, 1972, and that was eligible for an
188    onsite sewage treatment and disposal system construction permit
189    on the date of such platting and recording or approval shall be
190    eligible for an onsite sewage treatment and disposal system
191    construction permit, regardless of when the application for a
192    permit is made. If rules in effect at the time the permit
193    application is filed cannot be met, residential lots platted and
194    recorded or approved on or after January 1, 1972, shall, to the
195    maximum extent possible, comply with the rules in effect at the
196    time the permit application is filed. At a minimum, however,
197    those residential lots platted and recorded or approved on or
198    after January 1, 1972, but before January 1, 1983, shall comply
199    with those rules in effect on January 1, 1983, and those
200    residential lots platted and recorded or approved on or after
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201    January 1, 1983, shall comply with those rules in effect at the
202    time of such platting and recording or approval. In determining
203    the maximum extent of compliance with current rules that is
204    possible, the department shall allow structures and
205    appurtenances thereto which were authorized at the time such
206    lots were platted and recorded or approved.
2072.      Lots platted before 1972 are subject to a 50-foot
208    minimum surface water setback and are not subject to lot size
209    requirements. The projected daily flow for onsite sewage
210    treatment and disposal systems for lots platted before 1972 may
211    not exceed:
212a.      Two thousand five hundred gallons per acre per day for
213    lots served by public water systems as defined in s. 403.852.
214b.      One thousand five hundred gallons per acre per day for
215    lots served by water systems regulated under s. 381.0062.
216(j)1.(h)1.  The department may grant variances in hardship
217    cases which may be less restrictive than the provisions
218    specified in this section. If a variance is granted and the
219    onsite sewage treatment and disposal system construction permit
220    has been issued, the variance may be transferred with the system
221    construction permit, if the transferee files, within 60 days
222    after the transfer of ownership, an amended construction permit
223    application providing all corrected information and proof of
224    ownership of the property and if the same variance would have
225    been required for the new owner of the property as was
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226    originally granted to the original applicant for the variance. A
227    fee is not associated with the processing of this supplemental
228    information. A variance may not be granted under this section
229    until the department is satisfied that:
230a.      The hardship was not caused intentionally by the action
231    of the applicant;
232b.      A reasonable alternative, taking into consideration
233    factors such as cost, does not exist for the treatment of the
234    sewage; and
235c.      The discharge from the onsite sewage treatment and
236    disposal system will not adversely affect the health of the
237    applicant or the public or significantly degrade the groundwater
238    or surface waters.
239
240    Where soil conditions, water table elevation, and setback
241    provisions are determined by the department to be satisfactory,
242    special consideration must be given to those lots platted before
243    1972.
2442.      The department shall appoint and staff a variance
245    review and advisory committee, which shall meet monthly to
246    recommend agency action on variance requests. The committee
247    shall make its recommendations on variance requests at the
248    meeting in which the application is scheduled for consideration,
249    except for an extraordinary change in circumstances, the receipt
250    of new information that raises new issues, or when the applicant
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251    requests an extension. The committee shall consider the criteria
252    in subparagraph 1. in its recommended agency action on variance
253    requests and shall also strive to allow property owners the full
254    use of their land where possible.
255a.      The committee is composed of the following:
256(I)      The Secretary of Environmental Protection or his or
257    her designee.
258(II)        A representative from the county health departments.
259(III)        A representative from the home building industry
260    recommended by the Florida Home Builders Association.
261(IV)        A representative from the septic tank industry
262    recommended by the Florida Onsite Wastewater Association.
263(V)     A representative from the Department of Health.
264(VI)        A representative from the real estate industry who is
265    also a developer in this state who develops lots using onsite
266    sewage treatment and disposal systems, recommended by the
267    Florida Association of Realtors.
268(VII)        A representative from the engineering profession
269    recommended by the Florida Engineering Society.
270b.      Members shall be appointed for a term of 3 years, with
271    such appointments being staggered so that the terms of no more
272    than two members expire in any one year. Members shall serve
273    without remuneration, but if requested, shall be reimbursed for
274    per diem and travel expenses as provided in s. 112.061.
2753.      The variance review and advisory committee is not
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276    responsible for reviewing water well permitting. However, the
277    committee shall consider all requirements of law related to
278    onsite sewage treatment and disposal systems when making
279    recommendations on variance requests for onsite sewage treatment
280    and disposal system permits.
281(k)(i)       A construction permit may not be issued for an
282    onsite sewage treatment and disposal system in any area zoned or
283    used for industrial or manufacturing purposes, or its
284    equivalent, where a publicly owned or investor-owned sewage
285    treatment system is available, or where a likelihood exists that
286    the system will receive toxic, hazardous, or industrial waste.
287    An existing onsite sewage treatment and disposal system may be
288    repaired if a publicly owned or investor-owned sewage treatment
289    system is not available within 500 feet of the building sewer
290    stub-out and if system construction and operation standards can
291    be met. This paragraph does not require publicly owned or
292    investor-owned sewage treatment systems to accept anything other
293    than domestic wastewater.
2941.      A building located in an area zoned or used for
295    industrial or manufacturing purposes, or its equivalent, when
296    such building is served by an onsite sewage treatment and
297    disposal system, must not be occupied until the owner or tenant
298    has obtained written approval from the department. The
299    department may not grant approval when the proposed use of the
300    system is to dispose of toxic, hazardous, or industrial
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301    wastewater or toxic or hazardous chemicals.
3022.      Each person who owns or operates a business or facility
303    in an area zoned or used for industrial or manufacturing
304    purposes, or its equivalent, or who owns or operates a business
305    that has the potential to generate toxic, hazardous, or
306    industrial wastewater or toxic or hazardous chemicals, and uses
307    an onsite sewage treatment and disposal system that is installed
308    on or after July 5, 1989, must obtain an annual system operating
309    permit from the department. A person who owns or operates a
310    business that uses an onsite sewage treatment and disposal
311    system that was installed and approved before July 5, 1989, does
312    not need to obtain a system operating permit. However, upon
313    change of ownership or tenancy, the new owner or operator must
314    notify the department of the change, and the new owner or
315    operator must obtain an annual system operating permit,
316    regardless of the date that the system was installed or
317    approved.
3183.      The department shall periodically review and evaluate
319    the continued use of onsite sewage treatment and disposal
320    systems in areas zoned or used for industrial or manufacturing
321    purposes, or its equivalent, and may require the collection and
322    analyses of samples from within and around such systems. If the
323    department finds that toxic or hazardous chemicals or toxic,
324    hazardous, or industrial wastewater have been or are being
325    disposed of through an onsite sewage treatment and disposal
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326    system, the department shall initiate enforcement actions
327    against the owner or tenant to ensure adequate cleanup,
328    treatment, and disposal.
329(l)(j)       An onsite sewage treatment and disposal system
330    designed by a professional engineer registered in the state and
331    certified by such engineer as complying with performance
332    criteria adopted by the department must be approved by the
333    department subject to the following:
3341.      The performance criteria applicable to engineer-
335    designed systems must be limited to those necessary to ensure
336    that such systems do not adversely affect the public health or
337    significantly degrade the groundwater or surface water. Such
338    performance criteria shall include consideration of the quality
339    of system effluent, the proposed total sewage flow per acre,
340    wastewater treatment capabilities of the natural or replaced
341    soil, water quality classification of the potential surface-
342    water-receiving body, and the structural and maintenance
343    viability of the system for the treatment of domestic
344    wastewater. However, performance criteria shall address only the
345    performance of a system and not a system's design.
3462.      A person electing to use an engineer-designed system
347    shall, upon completion of the system design, submit such design,
348    certified by a registered professional engineer, to the county
349    health department. The county health department may use an
350    outside consultant to review the engineer-designed system, with
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351    the actual cost of such review to be borne by the applicant.
352    Within 5 working days after receiving an engineer-designed
353    system permit application, the county health department shall
354    request additional information if the application is not
355    complete. Within 15 working days after receiving a complete
356    application for an engineer-designed system, the county health
357    department shall issue the permit or, if it determines that the
358    system does not comply with the performance criteria, shall
359    notify the applicant of that determination and refer the
360    application to the department for a determination as to whether
361    the system should be approved, disapproved, or approved with
362    modification. The department engineer's determination shall
363    prevail over the action of the county health department. The
364    applicant shall be notified in writing of the department's
365    determination and of the applicant's rights to pursue a variance
366    or seek review under the provisions of chapter 120.
3673.      The owner of an engineer-designed performance-based
368    system must maintain a current maintenance service agreement
369    with a maintenance entity permitted by the department. The
370    maintenance entity shall inspect each system at least twice each
371    year and shall report quarterly to the department on the number
372    of systems inspected and serviced. The reports may be submitted
373    electronically.
3744.      The property owner of an owner-occupied, single-family
375    residence may be approved and permitted by the department as a
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376    maintenance entity for his or her own performance-based
377    treatment system upon written certification from the system
378    manufacturer's approved representative that the property owner
379    has received training on the proper installation and service of
380    the system. The maintenance service agreement must conspicuously
381    disclose that the property owner has the right to maintain his
382    or her own system and is exempt from contractor registration
383    requirements for performing construction, maintenance, or
384    repairs on the system but is subject to all permitting
385    requirements.
3865.      The property owner shall obtain a biennial system
387    operating permit from the department for each system. The
388    department shall inspect the system at least annually, or on
389    such periodic basis as the fee collected permits, and may
390    collect system-effluent samples if appropriate to determine
391    compliance with the performance criteria. The fee for the
392    biennial operating permit shall be collected beginning with the
393    second year of system operation.
3946.      If an engineer-designed system fails to properly
395    function or fails to meet performance standards, the system
396    shall be re-engineered, if necessary, to bring the system into
397    compliance with the provisions of this section.
398(m)(k)       An innovative system may be approved in conjunction
399    with an engineer-designed site-specific system that is certified
400    by the engineer to meet the performance-based criteria adopted
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401    by the department.
402(n)(l)       For the Florida Keys, the department shall adopt a
403    special rule for the construction, installation, modification,
404    operation, repair, maintenance, and performance of onsite sewage
405    treatment and disposal systems which considers the unique soil
406    conditions and water table elevations, densities, and setback
407    requirements. On lots where a setback distance of 75 feet from
408    surface waters, saltmarsh, and buttonwood association habitat
409    areas cannot be met, an injection well, approved and permitted
410    by the department, may be used for disposal of effluent from
411    onsite sewage treatment and disposal systems. The following
412    additional requirements apply to onsite sewage treatment and
413    disposal systems in Monroe County:
4141.      The county, each municipality, and those special
415    districts established for the purpose of the collection,
416    transmission, treatment, or disposal of sewage shall ensure, in
417    accordance with the specific schedules adopted by the
418    Administration Commission under s. 380.0552, the completion of
419    onsite sewage treatment and disposal system upgrades to meet the
420    requirements of this paragraph.
4212.      Onsite sewage treatment and disposal systems must cease
422    discharge by December 31, 2015, or must comply with department
423    rules and provide the level of treatment which, on a permitted
424    annual average basis, produces an effluent that contains no more
425    than the following concentrations:
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426a.      Biochemical oxygen demand (CBOD5) of 10 mg/l.
427b.      Suspended solids of 10 mg/l.
428c.      Total nitrogen, expressed as N, of 10 mg/l or a
429    reduction in nitrogen of at least 70 percent. A system that has
430    been tested and certified to reduce nitrogen concentrations by
431    at least 70 percent shall be deemed to be in compliance with
432    this standard.
433d.      Total phosphorus, expressed as P, of 1 mg/l.
434
435    In addition, onsite sewage treatment and disposal systems
436    discharging to an injection well must provide basic disinfection
437    as defined by department rule.
4383.      In areas not scheduled to be served by a central
439    sewerage system, onsite sewage treatment and disposal systems
440    must, by December 31, 2015, comply with department rules and
441    provide the level of treatment described in subparagraph 2.
4424.      In areas scheduled to be served by a central sewerage
443    system by December 31, 2015, if the property owner has paid a
444    connection fee or assessment for connection to the central
445    sewerage system, the property owner may install a holding tank
446    with a high water alarm or an onsite sewage treatment and
447    disposal system that meets the following minimum standards:
448a.      The existing tanks must be pumped and inspected and
449    certified as being watertight and free of defects in accordance
450    with department rule; and
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451b.      A sand-lined drainfield or injection well in accordance
452    with department rule must be installed.
4535.      Onsite sewage treatment and disposal systems must be
454    monitored for total nitrogen and total phosphorus concentrations
455    as required by department rule.
4566.      The department shall enforce proper installation,
457    operation, and maintenance of onsite sewage treatment and
458    disposal systems pursuant to this chapter, including ensuring
459    that the appropriate level of treatment described in
460    subparagraph 2. is met.
4617.      The authority of a local government, including a
462    special district, to mandate connection of an onsite sewage
463    treatment and disposal system is governed by s. 4, chapter 99-
464    395, Laws of Florida.
4658.      Notwithstanding any other law, an onsite sewage
466    treatment and disposal system installed after July 1, 2010, in
467    unincorporated Monroe County, excluding special wastewater
468    districts, that complies with the standards in subparagraph 2.
469    is not required to connect to a central sewerage system until
470    December 31, 2020.
471(o)(m)       A product sold in the state for use in onsite
472    sewage treatment and disposal systems may not contain any
473    substance in concentrations or amounts that would interfere with
474    or prevent the successful operation of such system, or that
475    would cause discharges from such systems to violate applicable
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476    water quality standards. The department shall publish criteria
477    for products known or expected to meet the conditions of this
478    paragraph. If a product does not meet such criteria, such
479    product may be sold if the manufacturer satisfactorily
480    demonstrates to the department that the conditions of this
481    paragraph are met.
482(p)(n)       Evaluations for determining the seasonal high-water
483    table elevations or the suitability of soils for the use of a
484    new onsite sewage treatment and disposal system shall be
485    performed by department personnel, professional engineers
486    registered in the state, or such other persons with expertise,
487    as defined by rule, in making such evaluations. Evaluations for
488    determining mean annual flood lines shall be performed by those
489    persons identified in paragraph (2)(l). The department shall
490    accept evaluations submitted by professional engineers and such
491    other persons as meet the expertise established by this section
492    or by rule unless the department has a reasonable scientific
493    basis for questioning the accuracy or completeness of the
494    evaluation.
495(q)(o)       An application for an onsite sewage treatment and
496    disposal system permit shall be completed in full, signed by the
497    owner or the owner's authorized representative, or by a
498    contractor licensed under chapter 489, and shall be accompanied
499    by all required exhibits and fees. Specific documentation of
500    property ownership is not required as a prerequisite to the
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501    review of an application or the issuance of a permit. The
502    issuance of a permit does not constitute determination by the
503    department of property ownership.
504(r)(p)       The department may not require any form of
505    subdivision analysis of property by an owner, developer, or
506    subdivider before submission of an application for an onsite
507    sewage treatment and disposal system.
508(s)(q)       This section does not limit the power of a
509    municipality or county to enforce other laws for the protection
510    of the public health and safety.
511(t)(r)       In the siting of onsite sewage treatment and
512    disposal systems, including drainfields, shoulders, and slopes,
513    guttering may not be required on single-family residential
514    dwelling units for systems located greater than 5 feet from the
515    roof drip line of the house. If guttering is used on residential
516    dwelling units, the downspouts shall be directed away from the
517    drainfield.
518(u)(s)       Notwithstanding subparagraph (i)1. (g)1., onsite
519    sewage treatment and disposal systems located in floodways of
520    the Suwannee and Aucilla Rivers must adhere to the following
521    requirements:
5221.      The absorption surface of the drainfield may not be
523    subject to flooding based on 10-year flood elevations. Provided,
524    however, for lots or parcels created by the subdivision of land
525    in accordance with applicable local government regulations
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526    before January 17, 1990, if an applicant cannot construct a
527    drainfield system with the absorption surface of the drainfield
528    at an elevation equal to or above 10-year flood elevation, the
529    department shall issue a permit for an onsite sewage treatment
530    and disposal system within the 10-year floodplain of rivers,
531    streams, and other bodies of flowing water if all of the
532    following criteria are met:
533a.      The lot is at least one-half acre in size;
534b.      The bottom of the drainfield is at least 36 inches
535    above the 2-year flood elevation; and
536c.      The applicant installs a waterless, incinerating, or
537    organic waste composting toilet and a graywater system and
538    drainfield in accordance with department rules; an aerobic
539    treatment unit and drainfield in accordance with department
540    rules; a system that is capable of reducing effluent nitrate by
541    at least 50 percent in accordance with department rules; or a
542    system other than a system using alternative drainfield
543    materials in accordance with department rules. The United States
544    Department of Agriculture Soil Conservation Service soil maps,
545    State of Florida Water Management District data, and Federal
546    Emergency Management Agency Flood Insurance maps are resources
547    that shall be used to identify flood-prone areas.
5482.      The use of fill or mounding to elevate a drainfield
549    system out of the 10-year floodplain of rivers, streams, or
550    other bodies of flowing water may not be permitted if such a
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551    system lies within a regulatory floodway of the Suwannee and
552    Aucilla Rivers. In cases where the 10-year flood elevation does
553    not coincide with the boundaries of the regulatory floodway, the
554    regulatory floodway will be considered for the purposes of this
555    subsection to extend at a minimum to the 10-year flood
556    elevation.
557(v)1.(t)1.  The owner of an aerobic treatment unit system
558    shall maintain a current maintenance service agreement with an
559    aerobic treatment unit maintenance entity permitted by the
560    department. The maintenance entity shall inspect each aerobic
561    treatment unit system at least twice each year and shall report
562    quarterly to the department on the number of aerobic treatment
563    unit systems inspected and serviced. The reports may be
564    submitted electronically.
5652.      The property owner of an owner-occupied, single-family
566    residence may be approved and permitted by the department as a
567    maintenance entity for his or her own aerobic treatment unit
568    system upon written certification from the system manufacturer's
569    approved representative that the property owner has received
570    training on the proper installation and service of the system.
571    The maintenance entity service agreement must conspicuously
572    disclose that the property owner has the right to maintain his
573    or her own system and is exempt from contractor registration
574    requirements for performing construction, maintenance, or
575    repairs on the system but is subject to all permitting
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576    requirements.
5773.      A septic tank contractor licensed under part III of
578    chapter 489, if approved by the manufacturer, may not be denied
579    access by the manufacturer to aerobic treatment unit system
580    training or spare parts for maintenance entities. After the
581    original warranty period, component parts for an aerobic
582    treatment unit system may be replaced with parts that meet
583    manufacturer's specifications but are manufactured by others.
584    The maintenance entity shall maintain documentation of the
585    substitute part's equivalency for 2 years and shall provide such
586    documentation to the department upon request.
5874.      The owner of an aerobic treatment unit system shall
588    obtain a system operating permit from the department and allow
589    the department to inspect during reasonable hours each aerobic
590    treatment unit system at least annually, and such inspection may
591    include collection and analysis of system-effluent samples for
592    performance criteria established by rule of the department.
593(w)(u)       The department may require the submission of
594    detailed system construction plans that are prepared by a
595    professional engineer registered in this state. The department
596    shall establish by rule criteria for determining when such a
597    submission is required.
598(x)(v)       Any permit issued and approved by the department
599    for the installation, modification, or repair of an onsite
600    sewage treatment and disposal system shall transfer with the
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601    title to the property in a real estate transaction. A title may
602    not be encumbered at the time of transfer by new permit
603    requirements by a governmental entity for an onsite sewage
604    treatment and disposal system which differ from the permitting
605    requirements in effect at the time the system was permitted,
606    modified, or repaired. An inspection of a system may not be
607    mandated by a governmental entity at the point of sale in a real
608    estate transaction. This paragraph does not affect a septic tank
609    phase-out deferral program implemented by a consolidated
610    government as defined in s. 9, Art. VIII of the State
611    Constitution of 1885.
612(y)(w)       A governmental entity, including a municipality,
613    county, or statutorily created commission, may not require an
614    engineer-designed performance-based treatment system, excluding
615    a passive engineer-designed performance-based treatment system,
616    before the completion of the Florida Onsite Sewage Nitrogen
617    Reduction Strategies Project. This paragraph does not apply to a
618    governmental entity, including a municipality, county, or
619    statutorily created commission, which adopted a local law,
620    ordinance, or regulation on or before January 31, 2012.
621    Notwithstanding this paragraph, an engineer-designed
622    performance-based treatment system may be used to meet the
623    requirements of the variance review and advisory committee
624    recommendations.
625(z)1.(x)1.  An onsite sewage treatment and disposal system
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626    is not considered abandoned if the system is disconnected from a
627    structure that was made unusable or destroyed following a
628    disaster and if the system was properly functioning at the time
629    of disconnection and was not adversely affected by the disaster.
630    The onsite sewage treatment and disposal system may be
631    reconnected to a rebuilt structure if:
632a.      The reconnection of the system is to the same type of
633    structure which contains the same number of bedrooms or fewer,
634    if the square footage of the structure is less than or equal to
635    110 percent of the original square footage of the structure that
636    existed before the disaster;
637b.      The system is not a sanitary nuisance; and
638c.      The system has not been altered without prior
639    authorization.
6402.      An onsite sewage treatment and disposal system that
641    serves a property that is foreclosed upon is not considered
642    abandoned.
643(aa)(y)       If an onsite sewage treatment and disposal system
644    permittee receives, relies upon, and undertakes construction of
645    a system based upon a validly issued construction permit under
646    rules applicable at the time of construction but a change to a
647    rule occurs within 5 years after the approval of the system for
648    construction but before the final approval of the system, the
649    rules applicable and in effect at the time of construction
650    approval apply at the time of final approval if fundamental site
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651    conditions have not changed between the time of construction
652    approval and final approval.
653(bb)(z)       An existing-system inspection or evaluation and
654    assessment, or a modification, replacement, or upgrade of an
655    onsite sewage treatment and disposal system is not required for
656    a remodeling addition or modification to a single-family home if
657    a bedroom is not added. However, a remodeling addition or
658    modification to a single-family home may not cover any part of
659    the existing system or encroach upon a required setback or the
660    unobstructed area. To determine if a setback or the unobstructed
661    area is impacted, the local health department shall review and
662    verify a floor plan and site plan of the proposed remodeling
663    addition or modification to the home submitted by a remodeler
664    which shows the location of the system, including the distance
665    of the remodeling addition or modification to the home from the
666    onsite sewage treatment and disposal system. The local health
667    department may visit the site or otherwise determine the best
668    means of verifying the information submitted. A verification of
669    the location of a system is not an inspection or evaluation and
670    assessment of the system. The review and verification must be
671    completed within 7 business days after receipt by the local
672    health department of a floor plan and site plan. If the review
673    and verification is not completed within such time, the
674    remodeling addition or modification to the single-family home,
675    for the purposes of this paragraph, is approved.
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676Section 2.  Effective July 1, 2026, subsection (10) is
677    added to section 381.0065, Florida Statutes, to read:
678381.0065  Onsite sewage treatment and disposal systems;
679    regulation.—
680(10)        ADOPTION OF NEW RULES.—Any new rule for the use and
681    installation of onsite sewage treatment and disposal systems
682    adopted by the department under this section does not apply to
683    permit applications submitted within 90 days after the date such
684    rule is adopted.
685Section 3.  Paragraph (i) of subsection (2), paragraph (b)
686    of subsection (4), paragraph (j) of subsection (7), and
687    paragraph (a) of subsection (9) of section 380.0552, Florida
688    Statutes, are amended to read:
689380.0552  Florida Keys Area; protection and designation as
690    area of critical state concern.—
691(2)     LEGISLATIVE INTENT.—It is the intent of the
692    Legislature to:
693(i)     Protect and improve the nearshore water quality of the
694    Florida Keys through federal, state, and local funding of water
695    quality improvement projects, including the construction and
696    operation of wastewater management facilities that meet the
697    requirements of ss. 381.0065(4)(n) and 403.086(11) ss.
698    381.0065(4)(l) and 403.086(11), as applicable.
699(4)     REMOVAL OF DESIGNATION.—
700(b)     Beginning November 30, 2010, the state land planning
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701    agency shall annually submit a written report to the
702    Administration Commission describing the progress of the Florida
703    Keys Area toward completing the work program tasks specified in
704    commission rules. The land planning agency shall recommend
705    removing the Florida Keys Area from being designated as an area
706    of critical state concern to the commission if it determines
707    that:
7081.      All of the work program tasks have been completed,
709    including construction of, operation of, and connection to
710    central wastewater management facilities pursuant to s.
711    403.086(11) and upgrade of onsite sewage treatment and disposal
712    systems pursuant to s. 381.0065(4)(n) s. 381.0065(4)(l);
7132.      All local comprehensive plans and land development
714    regulations and the administration of such plans and regulations
715    are adequate to protect the Florida Keys Area, fulfill the
716    legislative intent specified in subsection (2), and are
717    consistent with and further the principles guiding development;
718    and
7193.      A local government has adopted a resolution at a public
720    hearing recommending the removal of the designation.
721(7)      PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,
722    and local agencies and units of government in the Florida Keys
723    Area shall coordinate their plans and conduct their programs and
724    regulatory activities consistent with the principles for guiding
725    development as specified in chapter 27F-8, Florida
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726    Administrative Code, as amended effective August 23, 1984, which
727    is adopted and incorporated herein by reference. For the
728    purposes of reviewing the consistency of the adopted plan, or
729    any amendments to that plan, with the principles for guiding
730    development, and any amendments to the principles, the
731    principles shall be construed as a whole and specific provisions
732    may not be construed or applied in isolation from the other
733    provisions. However, the principles for guiding development are
734    repealed 18 months from July 1, 1986. After repeal, any plan
735    amendments must be consistent with the following principles:
736(j)     Ensuring the improvement of nearshore water quality by
737    requiring the construction and operation of wastewater
738    management facilities that meet the requirements of ss.
739    381.0065(4)(n) and 403.086(11) ss. 381.0065(4)(l) and
740    403.086(11), as applicable, and by directing growth to areas
741    served by central wastewater treatment facilities through permit
742    allocation systems.
743(9)     MODIFICATION TO PLANS AND REGULATIONS.—
744(a)     Any land development regulation or element of a local
745    comprehensive plan in the Florida Keys Area may be enacted,
746    amended, or rescinded by a local government, but the enactment,
747    amendment, or rescission becomes effective only upon approval by
748    the state land planning agency. The state land planning agency
749    shall review the proposed change to determine if it is in
750    compliance with the principles for guiding development specified
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751    in chapter 27F-8, Florida Administrative Code, as amended
752    effective August 23, 1984, and must approve or reject the
753    requested changes within 60 days after receipt. Amendments to
754    local comprehensive plans in the Florida Keys Area must also be
755    reviewed for compliance with the following:
7561.      Construction schedules and detailed capital financing
757    plans for wastewater management improvements in the annually
758    adopted capital improvements element, and standards for the
759    construction of wastewater treatment and disposal facilities or
760    collection systems that meet or exceed the criteria in s.
761    403.086(11) for wastewater treatment and disposal facilities or
762    s. 381.0065(4)(n) s. 381.0065(4)(l) for onsite sewage treatment
763    and disposal systems.
7642.      Goals, objectives, and policies to protect public
765    safety and welfare in the event of a natural disaster by
766    maintaining a hurricane evacuation clearance time for permanent
767    residents of no more than 24.5 hours. The hurricane evacuation
768    clearance time shall be determined by a hurricane evacuation
769    study conducted in accordance with a professionally accepted
770    methodology and approved by the state land planning agency. For
771    purposes of hurricane evacuation clearance time:
772a.      Mobile home residents are not considered permanent
773    residents.
774b.      The City of Key West Area of Critical State Concern
775    established by chapter 28-36, Florida Administrative Code, shall
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776    be included in the hurricane evacuation study and is subject to
777    the evacuation requirements of this subsection.
778Section 4.  Paragraph (c) of subsection (6) of section
779    381.00651, Florida Statutes, is amended to read:
780381.00651  Periodic evaluation and assessment of onsite
781    sewage treatment and disposal systems.—
782(6)     The requirements for an onsite sewage treatment and
783    disposal system evaluation and assessment program are as
784    follows:
785(c)     Repair of systems.—The local ordinance may not require
786    a repair, modification, or replacement of a system as a result
787    of an evaluation unless the evaluation identifies a system
788    failure. For purposes of this subsection, the term "system
789    failure" means a condition existing within an onsite sewage
790    treatment and disposal system which results in the discharge of
791    untreated or partially treated wastewater onto the ground
792    surface or into surface water or that results in the failure of
793    building plumbing to discharge properly and presents a sanitary
794    nuisance. A system is not in failure if the system does not have
795    a minimum separation distance between the drainfield and the
796    wettest season water table or if an obstruction in a sanitary
797    line or an effluent screen or filter prevents effluent from
798    flowing into a drainfield. If a system failure is identified and
799    several allowable remedial measures are available to resolve the
800    failure, the system owner may choose the least costly allowable
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801    remedial measure to fix the system. There may be instances in
802    which a pump-out is sufficient to resolve a system failure.
803    Allowable remedial measures to resolve a system failure are
804    limited to what is necessary to resolve the failure and must
805    meet, to the maximum extent practicable, the requirements of the
806    repair code in effect when the repair is made, subject to the
807    exceptions specified in s. 381.0065(4)(i) s. 381.0065(4)(g). An
808    engineer-designed performance-based treatment system to reduce
809    nutrients may not be required as an alternative remediation
810    measure to resolve the failure of a conventional system.
811Section 5.  Except as otherwise expressly provided in this
812    act, this act shall take effect upon becoming a law.
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