HB 1425 2023
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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.; requiring owners 6
of certain onsite sewage treatment and disposal 7
systems to have periodic inspections of such systems 8
beginning on a specified date; requiring the 9
Department of Environmental Protection to administer 10
an onsite sewage treatment and disposal system 11
periodic inspection program; providing for scheduled 12
implementation, qualified contractors, system repairs, 13
exemptions, and inspection and assessment procedures; 14
defining the terms "repair" and "system failure"; 15
authorizing the department to develop a fee schedule 16
by rule; requiring the department to provide certain 17
disciplinary procedures, penalties, and inspection 18
notices; requiring system owners to pay the costs of 19
the required inspections and pumpouts; prohibiting 20
system owners from requesting a partial inspection or 21
the omission of a portion of the inspection; providing 22
an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 1425 2023
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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
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Section 1. Section 381.00651, Florida Statutes, is 27
repealed. 28
Section 2. Section 381.00653, Florida Statutes, is created 29
to read: 30
381.00653 Periodic inspections of onsite sewage treatment 31
and disposal systems. — 32
(1) Effective July 1, 2025, the owner of an onsite sewa ge 33
treatment and disposal system that is more than 5 years old must 34
have the system inspected at least once every 5 years to assess 35
the fundamental operational condition of the system, prolonging 36
the life of the system, and identifying any failure or 37
underperformance within the system. 38
(2) The department shall administer an onsite sewage 39
treatment and disposal system periodic inspection program. The 40
program must include the following requirements: 41
(a) Schedule.— 42
1. A county-by-county implementation pl an must be phased 43
in over a 10-year period with priority given to those areas 44
within a basin management action plan identified by the 45
department. 46
2. An inspection of each onsite sewage treatment and 47
disposal system must take place once every 5 years to a ssess the 48
fundamental operational condition of the system and to identify 49
system failures. 50
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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
(b) Qualified contractors. - 51
1. Each inspection required under this section must be 52
performed by a qualified contractor or by an authorized employee 53
working under the supervision of a qualified contractor. A 54
qualified contractor is: 55
a. A septic tank contractor or master septic tank 56
contractor who is registered under part III of chapter 489; 57
b. A professional engineer who has wastewater treatment 58
system experience and is licensed under chapter 471; or 59
c. An environmental health professional who is certified 60
under this chapter in the area of onsite sewage treatment and 61
disposal system inspection. 62
2. Inspections and pumpouts may be performed by an 63
authorized employee working under the supervision of a qualified 64
contractor. 65
3. All inspection forms must be signed by a qualified 66
contractor in writing or by electronic signature. 67
(c) Repair of systems. -For purposes of this subsection: 68
1. "Repair" means any replacement of or modification 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 is necessary to eliminate a public 72
health or pollution hazard, inclu ding the use of any treatment 73
method that is intended to improve the functioning of any part 74
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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
of the system or to prolong or sustain the length of time the 75
system functions. Repair does not include: 76
a. The service or replacement of mechanical or electrica l 77
parts of an approved system with like kind and quality parts; 78
b. Any minor structural corrections to a tank or 79
distribution box; 80
c. The use of an authorized additive in indoor building 81
plumbing by the onsite sewage treatment and disposal system 82
owner; 83
d. The removal of the contents of any tank or the 84
installation of an approved outlet filter device without 85
disturbing the drainfield; 86
e. The replacement of any broken tank lid; or 87
f. The splicing of a drip emitter line if the emitter is 88
not eliminated. 89
2. "System failure" means a condition existing within an 90
onsite sewage treatment and disposal system which results in the 91
discharge of untreated or partially treated wastewater onto the 92
ground surface or into surface water or that results in the 93
failure of building plumbing to discharge properly and presents 94
a sanitary nuisance. 95
a. A system is not in failure if the system does not have 96
a minimum separation distance between the drainfield and the 97
wettest season water table or if an obstruction in a sanitary 98
line or an effluent screen or filter prevents effluent from 99
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flowing into a drainfield. 100
b. If a system failure is identified and several allowable 101
remedial measures are available to resolve the failure, the 102
onsite sewage treatment and disposal sy stem owner may choose the 103
least costly allowable remedial measure to repair the system. 104
There may be instances in which a pumpout is sufficient to 105
resolve a system failure. Allowable remedial measures to resolve 106
a system failure are limited to what is nece ssary to resolve the 107
failure and must meet, to the maximum extent practicable, the 108
requirements of the repair code in effect when the repair is 109
made, subject to the exceptions specified in s. 381.0065(4)(g). 110
c. An engineer-designed performance -based treatment system 111
to reduce nutrients may not be required as an alternative 112
remediation measure to resolve the failure of a conventional 113
system. 114
(d) Exemptions.-An onsite sewage treatment and disposal 115
system is exempt from the requirements of this section if: 116
1. The system is required to obtain an operating permit 117
pursuant to state law or is inspected by the department pursuant 118
to the annual permit inspection requirements of chapter 513; 119
2. A connection to a sewer system is available, connection 120
is imminent, and written arrangements for payment of any utility 121
assessments or connection fees have been made by the onsite 122
sewage treatment and disposal system owner; 123
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3. The system is located in an area that has a water 124
quality restoration plan that identifies the system for 125
inclusion in a septic -to-sewer project or conversion of the 126
system to an advanced nutrient removal system within 5 years; or 127
4. The system serves a residential dwelling unit on a lot 128
with one bedroom or less per acre. 129
(e) Tank inspection .—The tank inspection must assess the 130
apparent structural condition and watertightness of the tank and 131
estimate the size of the tank. 132
1. The inspection must include a pumpout. A pumpout is not 133
required if there is documentation that: 134
a. Indicates a tank pumpout or a permitted new 135
installation, repair, or modification of the system has occurred 136
within the previous 3 years; 137
b. Identifies the capacity of the tank; and 138
c. Indicates the condition of the tank is structurally 139
sound and watertight. 140
2. Visual inspection of the tank must be made when the 141
tank is empty to detect cracks, leaks, or other defects. The 142
tank must be refilled before concluding the inspection if, in 143
the opinion of the qualified contractor, the tank is in danger 144
of being damaged by l eaving the tank empty after the inspection. 145
3. Baffles or tees must be checked to ensure that they are 146
intact and secure. 147
4. The inspection must note: 148
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a. The presence and condition of outlet devices, effluent 149
filters, and compartment walls; 150
b. Any structural defect in the tank; 151
c. The condition and fit of the tank lid, including 152
manholes; 153
d. Whether surface water can infiltrate the tank; and 154
e. Whether the tank was pumped out. 155
5. The replacement of a broken or damaged lid or manhole 156
does not require a repair permit. 157
(f) Drainfield inspection. —The drainfield inspection must 158
include a determination of the approximate size and location of 159
the drainfield. The inspection must state whether there is any 160
sewage or effluent visible on the ground or discharging to a 161
ditch or other water body and the location of any downspout or 162
other source of water near or in the vicinity of the drainfield. 163
(g) Special circumstances. — 164
1. If the onsite sewage treatment and disposal system 165
contains pumps, siphons, or alarms, the following information 166
may be provided at the request of the system owner: 167
a. An assessment of dosing tank integrity, including the 168
approximate volume and the type of material used in the tank's 169
construction; 170
b. Whether the pump is eleva ted off the bottom of the 171
chamber and its operational status; 172
c. Whether the system has a check valve and purge hole; 173
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and 174
d. Whether the system has a high -water alarm, and if so 175
whether the alarm is audio or visual or both, the location and 176
operational condition of the alarm, and whether the electrical 177
connections to the alarm appear satisfactory. 178
2. If the onsite sewage treatment and disposal system 179
owner does not request the information in subparagraph 1., the 180
qualified contractor or any employee of the qualified contractor 181
is not liable for any damages directly resulting from a failure 182
of the system's pumps, siphons, or alarms. This exclusion of 183
liability must be stated on the front cover of the report 184
required under paragraph (h). 185
(h) Assessment procedure.— 186
1. All inspection procedures used by a qualified 187
contractor must be documented in the department's environmental 188
health database. 189
2. The qualified contractor shall provide a copy of a 190
written, signed inspection report to the onsite sewage t reatment 191
and disposal system owner upon completion of the inspection and 192
to the county health department within 30 days after the 193
inspection. The report must contain the name and license number 194
of the contractor providing the report. The local county healt h 195
department must maintain a copy of the inspection report for at 196
least 5 years and until a subsequent inspection report is filed. 197
3. The front cover of the report must: 198
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a. Identify any system failure; 199
b. Include a clear and conspicuous notice that t he onsite 200
sewage treatment and disposal system owner has the right to have 201
any remediation of a system failure performed by a qualified 202
contractor other than the contractor performing the inspection; 203
and 204
c. Include a clear and conspicuous statement of th e 205
exclusion of liability under paragraph (g). 206
4. The report must identify any: 207
a. Crack, leak, improper fit, or other defect in the tank, 208
manhole, or lid, and any other damaged or missing component; 209
b. Sewage or effluent visible on the ground or disc harging 210
to a ditch or other surface water body; 211
c. Downspout, stormwater, or other source of water 212
directed onto or toward the system; and 213
d. Maintenance need or condition of the system at the time 214
of the inspection which, in the opinion of the qualifi ed 215
contractor, would possibly interfere with or restrict any future 216
repair or modification to the existing system. 217
5. The report must conclude with an overall assessment of 218
the fundamental operational condition of the system. 219
(3) In administering the inspection program, the 220
department: 221
(a) May develop a reasonable fee schedule to be used 222
solely to pay for the costs of administering the inspection 223
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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
program. The fee schedule must be identified in the rule that 224
adopts the inspection program. When arrivin g at a reasonable fee 225
schedule, the estimated annual revenues to be derived from fees 226
may not exceed reasonable estimated annual costs of the program. 227
Fees must be assessed to the onsite sewage treatment and 228
disposal system owner during an inspection and s eparately 229
identified on the invoice of the qualified contractor. Fees must 230
be remitted by the qualified contractor to the department. 231
(b) Shall provide notice to the onsite sewage treatment 232
and disposal system owner at least 60 days before the system is 233
due for an inspection. The notice must include information on 234
the proper maintenance of onsite sewage treatment and disposal 235
systems and a provision stating that the purpose of the 236
inspection is to assess the fundamental operational condition of 237
the system, prolong the life of the system, and identify any 238
failure within the system, and not to determine code compliance, 239
require a complete upgrade or overhaul of the system to meet 240
current code requirements, or demonstrate that the system will 241
adequately serve the use to be placed upon it by the current or 242
any subsequent owner. 243
(c) Shall provide uniform disciplinary procedures and 244
penalties for qualified contractors who do not comply with the 245
requirements of department rules, including, but not limited to, 246
failure to provide the inspection report as required in this 247
subsection to the onsite sewage treatment and disposal system 248
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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
owner and the county health department. 249
(4) An onsite sewage treatment and disposal system owner 250
is responsible for paying the cost o f the inspection and any 251
required pumpout pursuant to department rule and may not request 252
partial inspections or the omission of portions of the 253
inspection. 254
Section 3. This act shall take effect July 1, 2023. 255