CS/CS/SB 698 full text · Session Watch

Florida Senate - 2026 CS for CS for SB 698 By the Committees on Rules; and Environment and Natural Resources; and Senator Martin 595-03198-26 2026698c2

1 A bill to be entitled

2 An act relating to onsite sewage treatment and

3 disposal system permits; amending s. 381.0065, F.S.;

4 prohibiting a municipality or political subdivision of

5 the state from requiring owners and builders of

6 certain residences to receive construction permits

7 from the Department of Environmental Protection as a

8 condition of issuing building or plumbing permits;

9 requiring such owners and builders to provide certain

10 proof to the municipality or political subdivision;

11 requiring an applicant for a permit for the

12 construction of an onsite sewage treatment and

13 disposal system or a property owner to assume

14 specified liabilities under certain circumstances;

15 providing applicability for new rules adopted by the

16 department beginning on a specified date; amending ss.

17 380.0552 and 381.00651, F.S.; conforming cross

18 references; providing effective dates.

20 Be It Enacted by the Legislature of the State of Florida:

22 Section 1. Subsection (4) of section 381.0065, Florida

23 Statutes, is amended to read:

24 381.0065 Onsite sewage treatment and disposal systems;

25 regulation.—

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

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

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 and 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

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 as

110 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

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

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:

159 1. Seventy-five feet from a private potable well.

160 2. 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.

163 3. 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.

166 4. Fifty feet from any nonpotable well.

167 5. 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.

170 6. Seventy-five feet from the mean high-water line of a

171 tidally influenced surface water body.

172 7. Seventy-five feet from the mean annual flood line of a

173 permanent nontidal surface water body.

174 8. Fifteen feet from the design high-water line of

175 retention areas, detention areas, or swales designed to contain

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:

184 1. 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

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.

207 2. 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:

212 a. Two thousand five hundred gallons per acre per day for

213 lots served by public water systems as defined in s. 403.852.

214 b. 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

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:

230 a. The hardship was not caused intentionally by the action

231 of the applicant;

232 b. A reasonable alternative, taking into consideration

233 factors such as cost, does not exist for the treatment of the

234 sewage; and

235 c. 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.

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.

244 2. The department shall appoint and staff a variance review

245 and advisory committee, which shall meet monthly to recommend

246 agency action on variance requests. The committee shall make its

247 recommendations on variance requests at the meeting in which the

248 application is scheduled for consideration, except for an

249 extraordinary change in circumstances, the receipt of new

250 information that raises new issues, or when the applicant

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.

255 a. The committee is composed of the following:

256 (I) The Secretary of Environmental Protection or his or her

257 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.

270 b. 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.

275 3. The variance review and advisory committee is not

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.

294 1. 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

301 wastewater or toxic or hazardous chemicals.

302 2. 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.

318 3. 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

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:

334 1. The performance criteria applicable to engineer-designed

335 systems must be limited to those necessary to ensure that such

336 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.

346 2. 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

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.

367 3. 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.

374 4. The property owner of an owner-occupied, single-family

375 residence may be approved and permitted by the department as a

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.

386 5. 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.

394 6. 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

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:

414 1. 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.

421 2. 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:

426 a. Biochemical oxygen demand (CBOD5) of 10 mg/l.

427 b. Suspended solids of 10 mg/l.

428 c. 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.

433 d. Total phosphorus, expressed as P, of 1 mg/l.

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.

438 3. 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.

442 4. 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:

448 a. 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

451 b. A sand-lined drainfield or injection well in accordance

452 with department rule must be installed.

453 5. Onsite sewage treatment and disposal systems must be

454 monitored for total nitrogen and total phosphorus concentrations

455 as required by department rule.

456 6. 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.

461 7. The authority of a local government, including a special

462 district, to mandate connection of an onsite sewage treatment

463 and disposal system is governed by s. 4, chapter 99-395, Laws of

464 Florida.

465 8. 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 sewage

472 treatment and disposal systems may not contain any substance in

473 concentrations or amounts that would interfere with or prevent

474 the successful operation of such system, or that would cause

475 discharges from such systems to violate applicable water quality

476 standards. The department shall publish criteria for products

477 known or expected to meet the conditions of this paragraph. If a

478 product does not meet such criteria, such product may be sold if

479 the manufacturer satisfactorily demonstrates to the department

480 that the conditions of this paragraph are met.

481 (p) ~~(n)~~ Evaluations for determining the seasonal high-water

482 table elevations or the suitability of soils for the use of a

483 new onsite sewage treatment and disposal system shall be

484 performed by department personnel, professional engineers

485 registered in the state, or such other persons with expertise,

486 as defined by rule, in making such evaluations. Evaluations for

487 determining mean annual flood lines shall be performed by those

488 persons identified in paragraph (2)(l). The department shall

489 accept evaluations submitted by professional engineers and such

490 other persons as meet the expertise established by this section

491 or by rule unless the department has a reasonable scientific

492 basis for questioning the accuracy or completeness of the

493 evaluation.

494 (q) ~~(o)~~ An application for an onsite sewage treatment and

495 disposal system permit shall be completed in full, signed by the

496 owner or the owner’s authorized representative, or by a

497 contractor licensed under chapter 489, and shall be accompanied

498 by all required exhibits and fees. Specific documentation of

499 property ownership is not required as a prerequisite to the

500 review of an application or the issuance of a permit. The

501 issuance of a permit does not constitute determination by the

502 department of property ownership.

503 (r) ~~(p)~~ The department may not require any form of

504 subdivision analysis of property by an owner, developer, or

505 subdivider before submission of an application for an onsite

506 sewage treatment and disposal system.

507 (s) ~~(q)~~ This section does not limit the power of a

508 municipality or county to enforce other laws for the protection

509 of the public health and safety.

510 (t) ~~(r)~~ In the siting of onsite sewage treatment and

511 disposal systems, including drainfields, shoulders, and slopes,

512 guttering may not be required on single-family residential

513 dwelling units for systems located greater than 5 feet from the

514 roof drip line of the house. If guttering is used on residential

515 dwelling units, the downspouts shall be directed away from the

516 drainfield.

517 (u) ~~(s)~~ Notwithstanding subparagraph (i)1. ~~(g)1.~~ , onsite

518 sewage treatment and disposal systems located in floodways of

519 the Suwannee and Aucilla Rivers must adhere to the following

520 requirements:

521 1. The absorption surface of the drainfield may not be

522 subject to flooding based on 10-year flood elevations. Provided,

523 however, for lots or parcels created by the subdivision of land

524 in accordance with applicable local government regulations

525 before January 17, 1990, if an applicant cannot construct a

526 drainfield system with the absorption surface of the drainfield

527 at an elevation equal to or above 10-year flood elevation, the

528 department shall issue a permit for an onsite sewage treatment

529 and disposal system within the 10-year floodplain of rivers,

530 streams, and other bodies of flowing water if all of the

531 following criteria are met:

532 a. The lot is at least one-half acre in size;

533 b. The bottom of the drainfield is at least 36 inches above

534 the 2-year flood elevation; and

535 c. The applicant installs a waterless, incinerating, or

536 organic waste composting toilet and a graywater system and

537 drainfield in accordance with department rules; an aerobic

538 treatment unit and drainfield in accordance with department

539 rules; a system that is capable of reducing effluent nitrate by

540 at least 50 percent in accordance with department rules; or a

541 system other than a system using alternative drainfield

542 materials in accordance with department rules. The United States

543 Department of Agriculture Soil Conservation Service soil maps,

544 State of Florida Water Management District data, and Federal

545 Emergency Management Agency Flood Insurance maps are resources

546 that shall be used to identify flood-prone areas.

547 2. The use of fill or mounding to elevate a drainfield

548 system out of the 10-year floodplain of rivers, streams, or

549 other bodies of flowing water may not be permitted if such a

550 system lies within a regulatory floodway of the Suwannee and

551 Aucilla Rivers. In cases where the 10-year flood elevation does

552 not coincide with the boundaries of the regulatory floodway, the

553 regulatory floodway will be considered for the purposes of this

554 subsection to extend at a minimum to the 10-year flood

555 elevation.

556 (v)1. ~~(t)1.~~ The owner of an aerobic treatment unit system

557 shall maintain a current maintenance service agreement with an

558 aerobic treatment unit maintenance entity permitted by the

559 department. The maintenance entity shall inspect each aerobic

560 treatment unit system at least twice each year and shall report

561 quarterly to the department on the number of aerobic treatment

562 unit systems inspected and serviced. The reports may be

563 submitted electronically.

564 2. The property owner of an owner-occupied, single-family

565 residence may be approved and permitted by the department as a

566 maintenance entity for his or her own aerobic treatment unit

567 system upon written certification from the system manufacturer’s

568 approved representative that the property owner has received

569 training on the proper installation and service of the system.

570 The maintenance entity service agreement must conspicuously

571 disclose that the property owner has the right to maintain his

572 or her own system and is exempt from contractor registration

573 requirements for performing construction, maintenance, or

574 repairs on the system but is subject to all permitting

575 requirements.

576 3. A septic tank contractor licensed under part III of

577 chapter 489, if approved by the manufacturer, may not be denied

578 access by the manufacturer to aerobic treatment unit system

579 training or spare parts for maintenance entities. After the

580 original warranty period, component parts for an aerobic

581 treatment unit system may be replaced with parts that meet

582 manufacturer’s specifications but are manufactured by others.

583 The maintenance entity shall maintain documentation of the

584 substitute part’s equivalency for 2 years and shall provide such

585 documentation to the department upon request.

586 4. The owner of an aerobic treatment unit system shall

587 obtain a system operating permit from the department and allow

588 the department to inspect during reasonable hours each aerobic

589 treatment unit system at least annually, and such inspection may

590 include collection and analysis of system-effluent samples for

591 performance criteria established by rule of the department.

592 (w) ~~(u)~~ The department may require the submission of

593 detailed system construction plans that are prepared by a

594 professional engineer registered in this state. The department

595 shall establish by rule criteria for determining when such a

596 submission is required.

597 (x) ~~(v)~~ Any permit issued and approved by the department for

598 the installation, modification, or repair of an onsite sewage

599 treatment and disposal system shall transfer with the title to

600 the property in a real estate transaction. A title may not be

601 encumbered at the time of transfer by new permit requirements by

602 a governmental entity for an onsite sewage treatment and

603 disposal system which differ from the permitting requirements in

604 effect at the time the system was permitted, modified, or

605 repaired. An inspection of a system may not be mandated by a

606 governmental entity at the point of sale in a real estate

607 transaction. This paragraph does not affect a septic tank phase

608 out deferral program implemented by a consolidated government as

609 defined in s. 9, Art. VIII of the State Constitution of 1885.

610 (y) ~~(w)~~ A governmental entity, including a municipality,

611 county, or statutorily created commission, may not require an

612 engineer-designed performance-based treatment system, excluding

613 a passive engineer-designed performance-based treatment system,

614 before the completion of the Florida Onsite Sewage Nitrogen

615 Reduction Strategies Project. This paragraph does not apply to a

616 governmental entity, including a municipality, county, or

617 statutorily created commission, which adopted a local law,

618 ordinance, or regulation on or before January 31, 2012.

619 Notwithstanding this paragraph, an engineer-designed

620 performance-based treatment system may be used to meet the

621 requirements of the variance review and advisory committee

622 recommendations.

623 (z)1. ~~(x)1.~~ An onsite sewage treatment and disposal system

624 is not considered abandoned if the system is disconnected from a

625 structure that was made unusable or destroyed following a

626 disaster and if the system was properly functioning at the time

627 of disconnection and was not adversely affected by the disaster.

628 The onsite sewage treatment and disposal system may be

629 reconnected to a rebuilt structure if:

630 a. The reconnection of the system is to the same type of

631 structure which contains the same number of bedrooms or fewer,

632 if the square footage of the structure is less than or equal to

633 110 percent of the original square footage of the structure that

634 existed before the disaster;

635 b. The system is not a sanitary nuisance; and

636 c. The system has not been altered without prior

637 authorization.

638 2. An onsite sewage treatment and disposal system that

639 serves a property that is foreclosed upon is not considered

640 abandoned.

641 (aa) ~~(y)~~ If an onsite sewage treatment and disposal system

642 permittee receives, relies upon, and undertakes construction of

643 a system based upon a validly issued construction permit under

644 rules applicable at the time of construction but a change to a

645 rule occurs within 5 years after the approval of the system for

646 construction but before the final approval of the system, the

647 rules applicable and in effect at the time of construction

648 approval apply at the time of final approval if fundamental site

649 conditions have not changed between the time of construction

650 approval and final approval.

651 (bb) ~~(z)~~ An existing-system inspection or evaluation and

652 assessment, or a modification, replacement, or upgrade of an

653 onsite sewage treatment and disposal system is not required for

654 a remodeling addition or modification to a single-family home if

655 a bedroom is not added. However, a remodeling addition or

656 modification to a single-family home may not cover any part of

657 the existing system or encroach upon a required setback or the

658 unobstructed area. To determine if a setback or the unobstructed

659 area is impacted, the local health department shall review and

660 verify a floor plan and site plan of the proposed remodeling

661 addition or modification to the home submitted by a remodeler

662 which shows the location of the system, including the distance

663 of the remodeling addition or modification to the home from the

664 onsite sewage treatment and disposal system. The local health

665 department may visit the site or otherwise determine the best

666 means of verifying the information submitted. A verification of

667 the location of a system is not an inspection or evaluation and

668 assessment of the system. The review and verification must be

669 completed within 7 business days after receipt by the local

670 health department of a floor plan and site plan. If the review

671 and verification is not completed within such time, the

672 remodeling addition or modification to the single-family home,

673 for the purposes of this paragraph, is approved.

674 Section 2. Effective July 1, 2026, subsection (10) is added

675 to section 381.0065, Florida Statutes, to read:

676 381.0065 Onsite sewage treatment and disposal systems;

677 regulation.—

678 (10) ADOPTION OF NEW RULES.—Any new rule for the use and

679 installation of onsite sewage treatment and disposal systems

680 adopted by the department under this section does not apply to

681 permit applications submitted within 90 days after the date such

682 rule is adopted.

683 Section 3. Paragraph (i) of subsection (2), paragraph (b)

684 of subsection (4), paragraph (j) of subsection (7), and

685 paragraph (a) of subsection (9) of section 380.0552, Florida

686 Statutes, are amended to read:

687 380.0552 Florida Keys Area; protection and designation as

688 area of critical state concern.—

689 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature

690 to:

691 (i) Protect and improve the nearshore water quality of the

692 Florida Keys through federal, state, and local funding of water

693 quality improvement projects, including the construction and

694 operation of wastewater management facilities that meet the

695 requirements of ss. 381.0065(4)(n) and 403.086(11) ~~ss.~~

696 ~~381.0065(4)(l) and 403.086(11)~~ , as applicable.

697 (4) REMOVAL OF DESIGNATION.—

698 (b) Beginning November 30, 2010, the state land planning

699 agency shall annually submit a written report to the

700 Administration Commission describing the progress of the Florida

701 Keys Area toward completing the work program tasks specified in

702 commission rules. The land planning agency shall recommend

703 removing the Florida Keys Area from being designated as an area

704 of critical state concern to the commission if it determines

705 that:

706 1. All of the work program tasks have been completed,

707 including construction of, operation of, and connection to

708 central wastewater management facilities pursuant to s.

709 403.086(11) and upgrade of onsite sewage treatment and disposal

710 systems pursuant to s. 381.0065(4)(n) ~~s. 381.0065(4)(l)~~ ;

711 2. All local comprehensive plans and land development

712 regulations and the administration of such plans and regulations

713 are adequate to protect the Florida Keys Area, fulfill the

714 legislative intent specified in subsection (2), and are

715 consistent with and further the principles guiding development;

716 and

717 3. A local government has adopted a resolution at a public

718 hearing recommending the removal of the designation.

719 (7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional,

720 and local agencies and units of government in the Florida Keys

721 Area shall coordinate their plans and conduct their programs and

722 regulatory activities consistent with the principles for guiding

723 development as specified in chapter 27F-8, Florida

724 Administrative Code, as amended effective August 23, 1984, which

725 is adopted and incorporated herein by reference. For the

726 purposes of reviewing the consistency of the adopted plan, or

727 any amendments to that plan, with the principles for guiding

728 development, and any amendments to the principles, the

729 principles shall be construed as a whole and specific provisions

730 may not be construed or applied in isolation from the other

731 provisions. However, the principles for guiding development are

732 repealed 18 months from July 1, 1986. After repeal, any plan

733 amendments must be consistent with the following principles:

734 (j) Ensuring the improvement of nearshore water quality by

735 requiring the construction and operation of wastewater

736 management facilities that meet the requirements of ss.

737 381.0065(4)(n) and 403.086(11) ~~ss. 381.0065(4)(l) and~~

738 ~~403.086(11)~~ , as applicable, and by directing growth to areas

739 served by central wastewater treatment facilities through permit

740 allocation systems.

741 (9) MODIFICATION TO PLANS AND REGULATIONS.—

742 (a) Any land development regulation or element of a local

743 comprehensive plan in the Florida Keys Area may be enacted,

744 amended, or rescinded by a local government, but the enactment,

745 amendment, or rescission becomes effective only upon approval by

746 the state land planning agency. The state land planning agency

747 shall review the proposed change to determine if it is in

748 compliance with the principles for guiding development specified

749 in chapter 27F-8, Florida Administrative Code, as amended

750 effective August 23, 1984, and must approve or reject the

751 requested changes within 60 days after receipt. Amendments to

752 local comprehensive plans in the Florida Keys Area must also be

753 reviewed for compliance with the following:

754 1. Construction schedules and detailed capital financing

755 plans for wastewater management improvements in the annually

756 adopted capital improvements element, and standards for the

757 construction of wastewater treatment and disposal facilities or

758 collection systems that meet or exceed the criteria in s.

759 403.086(11) for wastewater treatment and disposal facilities or

760 s. 381.0065(4)(n) ~~s. 381.0065(4)(l)~~ for onsite sewage treatment

761 and disposal systems.

762 2. Goals, objectives, and policies to protect public safety

763 and welfare in the event of a natural disaster by maintaining a

764 hurricane evacuation clearance time for permanent residents of

765 no more than 24.5 hours. The hurricane evacuation clearance time

766 shall be determined by a hurricane evacuation study conducted in

767 accordance with a professionally accepted methodology and

768 approved by the state land planning agency. For purposes of

769 hurricane evacuation clearance time:

770 a. Mobile home residents are not considered permanent

771 residents.

772 b. The City of Key West Area of Critical State Concern

773 established by chapter 28-36, Florida Administrative Code, shall

774 be included in the hurricane evacuation study and is subject to

775 the evacuation requirements of this subsection.

776 Section 4. Paragraph (c) of subsection (6) of section

777 381.00651, Florida Statutes, is amended to read:

778 381.00651 Periodic evaluation and assessment of onsite

779 sewage treatment and disposal systems.—

780 (6) The requirements for an onsite sewage treatment and

781 disposal system evaluation and assessment program are as

782 follows:

783 (c) Repair of systems.—The local ordinance may not require

784 a repair, modification, or replacement of a system as a result

785 of an evaluation unless the evaluation identifies a system

786 failure. For purposes of this subsection, the term “system

787 failure” means a condition existing within an onsite sewage

788 treatment and disposal system which results in the discharge of

789 untreated or partially treated wastewater onto the ground

790 surface or into surface water or that results in the failure of

791 building plumbing to discharge properly and presents a sanitary

792 nuisance. A system is not in failure if the system does not have

793 a minimum separation distance between the drainfield and the

794 wettest season water table or if an obstruction in a sanitary

795 line or an effluent screen or filter prevents effluent from

796 flowing into a drainfield. If a system failure is identified and

797 several allowable remedial measures are available to resolve the

798 failure, the system owner may choose the least costly allowable

799 remedial measure to fix the system. There may be instances in

800 which a pump-out is sufficient to resolve a system failure.

801 Allowable remedial measures to resolve a system failure are

802 limited to what is necessary to resolve the failure and must

803 meet, to the maximum extent practicable, the requirements of the

804 repair code in effect when the repair is made, subject to the

805 exceptions specified in s. 381.0065(4)(i) ~~s. 381.0065(4)(g)~~ . An

806 engineer-designed performance-based treatment system to reduce

807 nutrients may not be required as an alternative remediation

808 measure to resolve the failure of a conventional system.

809 Section 5. Except as expressly provided in this act, this

810 act shall take effect upon becoming a law.