HB 1125 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to onsite sewage treatment and 2
disposal system inspections; repealing s. 381.00651, 3
F.S., relating to the periodic evaluation and 4
assessment of onsite sewage treatment and disposal 5
systems; creating s. 381.00653, F.S.; directing the 6
Department of Environmental Protection to administer 7
an onsite sewage treatment and disposal system 8
periodic inspection program; requiring owners of 9
certain onsite sewage treatment and disposal systems 10
to have periodic inspections of such systems beginning 11
on a specified date; providing program requirements 12
and exemptions; defining the terms "repair" and 13
"system failure"; requiring the onsite sewage 14
treatment and disposal systems technical advisory 15
committee to determine criteria for advanced nutrient 16
removal systems; requiring system owners to pay the 17
costs of the required inspections, repairs, and 18
replacements; prohibiting system owners from 19
requesting a partial inspection or the omission of a 20
portion of the inspection; authorizing local 21
governments to create cer tain grant programs; 22
directing the department to submit program reports to 23
the Governor, Legislature, Chief Science Officer, and 24
Blue-Green Algae Task Force beginning on a specified 25
HB 1125 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
date; directing the department, in consultation with 26
the onsite sewage tre atment and disposal systems 27
technical advisory committee, to adopt rules; 28
providing an effective date. 29
30
Be It Enacted by the Legislature of the State of Florida: 31
32
Section 1. Section 381.00651, Florida Statutes, is 33
repealed. 34
Section 2. Section 3 81.00653, Florida Statutes, is created 35
to read: 36
381.00653 Periodic inspections of onsite sewage treatment 37
and disposal systems. — 38
(1)(a) The department shall administer an onsite sewage 39
treatment and disposal system periodic inspection program for 40
the purpose of assessing the fundamental operational condition 41
of the system, prolonging the life of the system, and 42
identifying any failure or underperformance within the system. 43
(b) Effective July 1, 2025, the owner of an onsite sewage 44
treatment and disposa l system must have the system inspected at 45
least once every 5 years if the system is: 46
1. More than 5 years old; and 47
2. Located within the watershed of an Outstanding Florida 48
Water or one of its tributaries; or 49
3. Included in a basin management action plan in which: 50
HB 1125 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
a. Twenty percent or more of nutrient pollution is 51
attributed to onsite sewage treatment and disposal systems; or 52
b. A reduction of septic pollution is necessary to meet 53
the total maximum daily load requirement. 54
(2)(a) Each inspection required under this section must be 55
performed by a qualified contractor or by an authorized employee 56
working under the supervision of a qualified contractor. 57
(b) A qualified contractor is: 58
1. A septic tank contractor or master septic tank 59
contractor who is registered under part III of chapter 489; 60
2. A professional engineer who has wastewater treatment 61
system experience and is licensed under chapter 471; or 62
3. An environmental health professional who is certified 63
under this chapter in the area of onsite sewage treatment and 64
disposal system inspection. 65
(c) All inspection forms must be signed by a qualified 66
contractor in writing or by electronic signature. 67
(3)(a) For purposes of this subsection: 68
1. "Repair" means any replacement of or modificat ion or 69
addition to a failing onsite sewage treatment and disposal 70
system which is necessary to allow the system to function in 71
accordance with its design or to eliminate a public health or 72
pollution hazard, including the use of any treatment method that 73
is intended to improve the functioning of any part of the system 74
HB 1125 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
or to prolong or sustain the length of time the system 75
functions. 76
2. "System failure" means a condition existing within an 77
onsite sewage treatment and disposal system which results in the 78
discharge of untreated or partially treated wastewater onto the 79
ground surface or into surface water or that results in the 80
failure of building plumbing to discharge properly and presents 81
a sanitary nuisance. 82
(b) If a system failure is identified and severa l 83
allowable remedial measures are available to resolve the 84
failure, the onsite sewage treatment and disposal system owner 85
may choose the least costly allowable remedial measure to repair 86
the system, including pumpouts. Allowable remedial measures to 87
resolve a system failure are limited to what is necessary to 88
resolve the failure and must meet, to the maximum extent 89
practicable, the requirements of the repair code in effect when 90
the repair is made, subject to the exceptions specified in s. 91
381.0065(4)(g) and the requirements of the basin management 92
action plan for the area where the onsite sewage treatment and 93
disposal system is located. 94
(c) If a system requires replacement, the homeowner must 95
install an advanced nutrient removal system or, if available, 96
connect to a central sewerage system. The onsite sewage 97
treatment and disposal systems technical advisory committee 98
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
established pursuant to s. 381.00652 shall determine the 99
criteria for advanced nutrient removal systems. 100
(d) The onsite sewage treatment and disposal system owner 101
is responsible for paying the cost of the inspection and any 102
repair or replacement and may not request partial inspections or 103
the omission of portions of the inspection. A local government 104
may create a program in accordance with s. 4 03.0673(3) to 105
provide grants to homeowners for replacement costs. 106
(4) An onsite sewage treatment and disposal system is 107
exempt from the requirements of this section if: 108
(a) The system is required to obtain an operating permit 109
pursuant to state law or i s inspected by the department pursuant 110
to the annual permit inspection requirements of chapter 513; 111
(b) A connection to a sewer system is available, 112
connection is imminent, and written arrangements for payment of 113
any utility assessments or connection fee s have been made by the 114
onsite sewage treatment and disposal system owner; or 115
(c) The system is located in an area that has a water 116
quality restoration plan that identifies the system for 117
inclusion in a septic -to-sewer project or conversion of the 118
system to an advanced nutrient removal system within 2 years. 119
(5) Beginning December 1, 2026, and every 3 years 120
thereafter, the department shall submit a report on the 121
implementation of the program to the Governor, the President of 122
the Senate, the Speaker of t he House of Representatives, the 123
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Chief Science Officer, and the Blue -Green Algae Task Force. 124
(6) The department, in consultation with the onsite sewage 125
treatment and disposal systems technical advisory committee, 126
shall adopt rules to implement this secti on. 127
Section 3. This act shall take effect July 1, 2022. 128