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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 building and plumbing permits for 2
the use of onsite sewage treatment and disposal 3
systems; amending s. 381.0065, F.S.; revising 4
conditions under which municipalities and political 5
subdivisions are prohibited from issuing certain 6
building and plumbing permits for the use of onsite 7
sewage treatment and disposal systems; providing an 8
effective date. 9
10
Be It Enacted by the Legislature of the S tate of Florida: 11
12
Section 1. Subsection (4) of section 381.0065, Florida 13
Statutes, is amended to read: 14
381.0065 Onsite sewage treatment and disposal systems; 15
regulation.— 16
(4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 17
construct, repair, mo dify, abandon, or operate an onsite sewage 18
treatment and disposal system without first obtaining a permit 19
approved by the department. The department may issue permits to 20
carry out this section, except that the issuance of a permit for 21
work seaward of the c oastal construction control line 22
established under s. 161.053 shall be contingent upon receipt of 23
any required coastal construction control line permit from the 24
department. A construction permit is valid for 18 months after 25
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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
the date of issuance and may be extended by the department for 26
one 90-day period under rules adopted by the department. A 27
repair permit is valid for 90 days after the date of issuance. 28
An operating permit must be obtained before the use of any 29
aerobic treatment unit or if the establishme nt generates 30
commercial waste. Buildings or establishments that use an 31
aerobic treatment unit or generate commercial waste shall be 32
inspected by the department at least annually to assure 33
compliance with the terms of the operating permit. The operating 34
permit for a commercial wastewater system is valid for 1 year 35
after the date of issuance and must be renewed annually. The 36
operating permit for an aerobic treatment unit is valid for 2 37
years after the date of issuance and must be renewed every 2 38
years. If all information pertaining to the siting, location, 39
and installation conditions or repair of an onsite sewage 40
treatment and disposal system remains the same, a construction 41
or repair permit for the onsite sewage treatment and disposal 42
system may be transferre d to another person, if the transferee 43
files, within 60 days after the transfer of ownership, an 44
amended application providing all corrected information and 45
proof of ownership of the property. A fee is not associated with 46
the processing of this supplementa l information. A person may 47
not contract to construct, modify, alter, repair, service, 48
abandon, or maintain any portion of an onsite sewage treatment 49
and disposal system without being registered under part III of 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
chapter 489. A property owner who personall y performs 51
construction, maintenance, or repairs to a system serving his or 52
her own owner-occupied single-family residence is exempt from 53
registration requirements for performing such construction, 54
maintenance, or repairs on that residence, but is subject to all 55
permitting requirements. A municipality or political subdivision 56
of the state may not issue a building or plumbing permit for any 57
building that requires the use of an onsite sewage treatment and 58
disposal system unless the owner or builder has applied for 59
received a construction permit for such system from the 60
department. A building or structure may not be occupied and a 61
municipality, political subdivision, or any state or federal 62
agency may not authorize occupancy until the department approves 63
the final installation of the onsite sewage treatment and 64
disposal system. A municipality or political subdivision of the 65
state may not approve any change in occupancy or tenancy of a 66
building that uses an onsite sewage treatment and disposal 67
system until the department has reviewed the use of the system 68
with the proposed change, approved the change, and amended the 69
operating permit. 70
(a) Subdivisions and lots in which each lot has a minimum 71
area of at least one -half acre and either a minimum dimension of 72
100 feet or a mean of at least 100 feet of the side bordering 73
the street and the distance formed by a line parallel to the 74
side bordering the street drawn between the two most distant 75
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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
points of the remainder of the lot may be developed with a water 76
system regulated under s. 381.0062 and onsite sewage treatment 77
and disposal systems, provided the projected daily sewage flow 78
does not exceed an average of 1,500 gallons per acre per day, 79
and provided satisfactory drinking water can be obtained and all 80
distance and setback, soil condition, water table elevation, and 81
other related requirements of this section and rules adopted 82
under this section can be met. 83
(b) Subdivisions and lots using a public water system as 84
defined in s. 403.852 may use onsite sewage treatment an d 85
disposal systems, provided there are no more than four lots per 86
acre, provided the projected daily sewage flow does not exceed 87
an average of 2,500 gallons per acre per day, and provided that 88
all distance and setback, soil condition, water table elevation , 89
and other related requirements that are generally applicable to 90
the use of onsite sewage treatment and disposal systems are met. 91
(c) Notwithstanding paragraphs (a) and (b), for 92
subdivisions platted of record on or before October 1, 1991, 93
when a developer or other appropriate entity has previously made 94
or makes provisions, including financial assurances or other 95
commitments, acceptable to the department, that a central water 96
system will be installed by a regulated public utility based on 97
a density formula, private potable wells may be used with onsite 98
sewage treatment and disposal systems until the agreed -upon 99
densities are reached. In a subdivision regulated by this 100
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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
paragraph, the average daily sewage flow may not exceed 2,500 101
gallons per acre per day. T his section does not affect the 102
validity of existing prior agreements. After October 1, 1991, 103
the exception provided under this paragraph is not available to 104
a developer or other appropriate entity. 105
(d) Paragraphs (a) and (b) do not apply to any proposed 106
residential subdivision with more than 50 lots or to any 107
proposed commercial subdivision with more than 5 lots where a 108
publicly owned or investor -owned sewage treatment system is 109
available. This paragraph does not allow development of 110
additional proposed subdivisions in order to evade the 111
requirements of this paragraph. 112
(e) The department shall adopt rules relating to the 113
location of onsite sewage treatment and disposal systems, 114
including establishing setback distances, to prevent groundwater 115
contamination and surface water contamination and to preserve 116
the public health. The rules must consider conventional and 117
enhanced nutrient-reducing onsite sewage treatment and disposal 118
system designs, impaired or degraded water bodies, domestic 119
wastewater and drinki ng water infrastructure, potable water 120
sources, nonpotable wells, stormwater infrastructure, the onsite 121
sewage treatment and disposal system remediation plans developed 122
pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the 123
recommendations of the on site sewage treatment and disposal 124
systems technical advisory committee established pursuant to 125
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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
former s. 381.00652. The rules must also allow a person to apply 126
for and receive a variance from a rule requirement upon 127
demonstration that the requirement woul d cause an undue hardship 128
and granting the variance would not cause or contribute to the 129
exceedance of a total maximum daily load. 130
(f) Onsite sewage treatment and disposal systems that are 131
permitted before June 21, 2022, may not be placed closer than: 132
1. Seventy-five feet from a private potable well. 133
2. Two hundred feet from a public potable well serving a 134
residential or nonresidential establishment having a total 135
sewage flow of greater than 2,000 gallons per day. 136
3. One hundred feet from a public p otable well serving a 137
residential or nonresidential establishment having a total 138
sewage flow of less than or equal to 2,000 gallons per day. 139
4. Fifty feet from any nonpotable well. 140
5. Ten feet from any storm sewer pipe, to the maximum 141
extent possible, but in no instance shall the setback be less 142
than 5 feet. 143
6. Seventy-five feet from the mean high -water line of a 144
tidally influenced surface water body. 145
7. Seventy-five feet from the mean annual flood line of a 146
permanent nontidal surface water body. 147
8. Fifteen feet from the design high -water line of 148
retention areas, detention areas, or swales designed to contain 149
standing or flowing water for less than 72 hours after a 150
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rainfall or the design high -water level of normally dry drainage 151
ditches or normally dry individual lot stormwater retention 152
areas. 153
(g) This section and rules adopted under this section 154
relating to soil condition, water table elevation, distance, and 155
other setback requirements must be equally applied to all lots, 156
with the following exce ptions: 157
1. Any residential lot that was platted and recorded on or 158
after January 1, 1972, or that is part of a residential 159
subdivision that was approved by the appropriate permitting 160
agency on or after January 1, 1972, and that was eligible for an 161
onsite sewage treatment and disposal system construction permit 162
on the date of such platting and recording or approval shall be 163
eligible for an onsite sewage treatment and disposal system 164
construction permit, regardless of when the application for a 165
permit is made. If rules in effect at the time the permit 166
application is filed cannot be met, residential lots platted and 167
recorded or approved on or after January 1, 1972, shall, to the 168
maximum extent possible, comply with the rules in effect at the 169
time the permit application is filed. At a minimum, however, 170
those residential lots platted and recorded or approved on or 171
after January 1, 1972, but before January 1, 1983, shall comply 172
with those rules in effect on January 1, 1983, and those 173
residential lots platted and recorded or approved on or after 174
January 1, 1983, shall comply with those rules in effect at the 175
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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
time of such platting and recording or approval. In determining 176
the maximum extent of compliance with current rules that is 177
possible, the department shall allo w structures and 178
appurtenances thereto which were authorized at the time such 179
lots were platted and recorded or approved. 180
2. Lots platted before 1972 are subject to a 50 -foot 181
minimum surface water setback and are not subject to lot size 182
requirements. The projected daily flow for onsite sewage 183
treatment and disposal systems for lots platted before 1972 may 184
not exceed: 185
a. Two thousand five hundred gallons per acre per day for 186
lots served by public water systems as defined in s. 403.852. 187
b. One thousand five hundred gallons per acre per day for 188
lots served by water systems regulated under s. 381.0062. 189
(h)1. The department may grant variances in hardship cases 190
which may be less restrictive than the provisions specified in 191
this section. If a variance is g ranted and the onsite sewage 192
treatment and disposal system construction permit has been 193
issued, the variance may be transferred with the system 194
construction permit, if the transferee files, within 60 days 195
after the transfer of ownership, an amended constru ction permit 196
application providing all corrected information and proof of 197
ownership of the property and if the same variance would have 198
been required for the new owner of the property as was 199
originally granted to the original applicant for the variance. A 200
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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
fee is not associated with the processing of this supplemental 201
information. A variance may not be granted under this section 202
until the department is satisfied that: 203
a. The hardship was not caused intentionally by the action 204
of the applicant; 205
b. A reasonable alternative, taking into consideration 206
factors such as cost, does not exist for the treatment of the 207
sewage; and 208
c. The discharge from the onsite sewage treatment and 209
disposal system will not adversely affect the health of the 210
applicant or the publ ic or significantly degrade the groundwater 211
or surface waters. 212
213
Where soil conditions, water table elevation, and setback 214
provisions are determined by the department to be satisfactory, 215
special consideration must be given to those lots platted before 216
1972. 217
2. The department shall appoint and staff a variance 218
review and advisory committee, which shall meet monthly to 219
recommend agency action on variance requests. The committee 220
shall make its recommendations on variance requests at the 221
meeting in which the a pplication is scheduled for consideration, 222
except for an extraordinary change in circumstances, the receipt 223
of new information that raises new issues, or when the applicant 224
requests an extension. The committee shall consider the criteria 225
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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
in subparagraph 1. in its recommended agency action on variance 226
requests and shall also strive to allow property owners the full 227
use of their land where possible. 228
a. The committee is composed of the following: 229
(I) The Secretary of Environmental Protection or his or 230
her designee. 231
(II) A representative from the county health departments. 232
(III) A representative from the home building industry 233
recommended by the Florida Home Builders Association. 234
(IV) A representative from the septic tank industry 235
recommended by the Fl orida Onsite Wastewater Association. 236
(V) A representative from the Department of Health. 237
(VI) A representative from the real estate industry who is 238
also a developer in this state who develops lots using onsite 239
sewage treatment and disposal systems, rec ommended by the 240
Florida Association of Realtors. 241
(VII) A representative from the engineering profession 242
recommended by the Florida Engineering Society. 243
b. Members shall be appointed for a term of 3 years, with 244
such appointments being staggered so that the terms of no more 245
than two members expire in any one year. Members shall serve 246
without remuneration, but if requested, shall be reimbursed for 247
per diem and travel expenses as provided in s. 112.061. 248
3. The variance review and advisory committee is not 249
responsible for reviewing water well permitting. However, the 250
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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
committee shall consider all requirements of law related to 251
onsite sewage treatment and disposal systems when making 252
recommendations on variance requests for onsite sewage treatment 253
and disposal system permits. 254
(i) A construction permit may not be issued for an onsite 255
sewage treatment and disposal system in any area zoned or used 256
for industrial or manufacturing purposes, or its equivalent, 257
where a publicly owned or investor -owned sewage treatment system 258
is available, or where a likelihood exists that the system will 259
receive toxic, hazardous, or industrial waste. An existing 260
onsite sewage treatment and disposal system may be repaired if a 261
publicly owned or investor -owned sewage treatment system is not 262
available within 500 feet of the building sewer stub -out and if 263
system construction and operation standards can be met. This 264
paragraph does not require publicly owned or investor -owned 265
sewage treatment systems to accept anything other than domestic 266
wastewater. 267
1. A building located in an area zoned or used for 268
industrial or manufacturing purposes, or its equivalent, when 269
such building is served by an onsite sewage treatment and 270
disposal system, must not be occupied until the owner or tenant 271
has obtained written approval from the department. The 272
department may not grant approval when the proposed use of the 273
system is to dispose of toxic, hazardous, or industrial 274
wastewater or toxic or hazardous chemicals. 275
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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
2. Each person who owns or operates a business or facility 276
in an area zoned or used for industrial or manufacturing 277
purposes, or its equivalent, or who owns or operates a business 278
that has the potential to generate toxic, hazardous, or 279
industrial wastewater or toxic or hazardous chemicals, and uses 280
an onsite sewage treatment and disposal system that is installed 281
on or after July 5, 1989, must obtain an annual system operating 282
permit from the department. A person who owns or operates a 283
business that uses an onsite sewage treatment and disposal 284
system that was installed and approved before July 5, 1989, does 285
not need to obtain a system operating permit. However, upon 286
change of ownership or tenancy, the new owner or operator must 287
notify the department of the change, and the new owner or 288
operator must obtain an annual system operating permit, 289
regardless of the date that the system was installed or 290
approved. 291
3. The department shall periodically review and evaluate 292
the continued use of onsite sewage treatment and disposal 293
systems in areas zoned or us ed for industrial or manufacturing 294
purposes, or its equivalent, and may require the collection and 295
analyses of samples from within and around such systems. If the 296
department finds that toxic or hazardous chemicals or toxic, 297
hazardous, or industrial wastewa ter have been or are being 298
disposed of through an onsite sewage treatment and disposal 299
system, the department shall initiate enforcement actions 300
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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
against the owner or tenant to ensure adequate cleanup, 301
treatment, and disposal. 302
(j) An onsite sewage treatme nt and disposal system 303
designed by a professional engineer registered in the state and 304
certified by such engineer as complying with performance 305
criteria adopted by the department must be approved by the 306
department subject to the following: 307
1. The performance criteria applicable to engineer -308
designed systems must be limited to those necessary to ensure 309
that such systems do not adversely affect the public health or 310
significantly degrade the groundwater or surface water. Such 311
performance criteria shall includ e consideration of the quality 312
of system effluent, the proposed total sewage flow per acre, 313
wastewater treatment capabilities of the natural or replaced 314
soil, water quality classification of the potential surface -315
water-receiving body, and the structural an d maintenance 316
viability of the system for the treatment of domestic 317
wastewater. However, performance criteria shall address only the 318
performance of a system and not a system's design. 319
2. A person electing to use an engineer -designed system 320
shall, upon completion of the system design, submit such design, 321
certified by a registered professional engineer, to the county 322
health department. The county health department may use an 323
outside consultant to review the engineer -designed system, with 324
the actual cost of such review to be borne by the applicant. 325
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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
Within 5 working days after receiving an engineer -designed 326
system permit application, the county health department shall 327
request additional information if the application is not 328
complete. Within 15 working days aft er receiving a complete 329
application for an engineer -designed system, the county health 330
department shall issue the permit or, if it determines that the 331
system does not comply with the performance criteria, shall 332
notify the applicant of that determination an d refer the 333
application to the department for a determination as to whether 334
the system should be approved, disapproved, or approved with 335
modification. The department engineer's determination shall 336
prevail over the action of the county health department. Th e 337
applicant shall be notified in writing of the department's 338
determination and of the applicant's rights to pursue a variance 339
or seek review under the provisions of chapter 120. 340
3. The owner of an engineer -designed performance -based 341
system must maintain a current maintenance service agreement 342
with a maintenance entity permitted by the department. The 343
maintenance entity shall inspect each system at least twice each 344
year and shall report quarterly to the department on the number 345
of systems inspected and ser viced. The reports may be submitted 346
electronically. 347
4. The property owner of an owner -occupied, single-family 348
residence may be approved and permitted by the department as a 349
maintenance entity for his or her own performance -based 350
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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
treatment system upon wri tten certification from the system 351
manufacturer's approved representative that the property owner 352
has received training on the proper installation and service of 353
the system. The maintenance service agreement must conspicuously 354
disclose that the property ow ner has the right to maintain his 355
or her own system and is exempt from contractor registration 356
requirements for performing construction, maintenance, or 357
repairs on the system but is subject to all permitting 358
requirements. 359
5. The property owner shall obta in a biennial system 360
operating permit from the department for each system. The 361
department shall inspect the system at least annually, or on 362
such periodic basis as the fee collected permits, and may 363
collect system-effluent samples if appropriate to determin e 364
compliance with the performance criteria. The fee for the 365
biennial operating permit shall be collected beginning with the 366
second year of system operation. 367
6. If an engineer-designed system fails to properly 368
function or fails to meet performance standar ds, the system 369
shall be re-engineered, if necessary, to bring the system into 370
compliance with the provisions of this section. 371
(k) An innovative system may be approved in conjunction 372
with an engineer-designed site-specific system that is certified 373
by the engineer to meet the performance -based criteria adopted 374
by the department. 375
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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
(l) For the Florida Keys, the department shall adopt a 376
special rule for the construction, installation, modification, 377
operation, repair, maintenance, and performance of onsite sew age 378
treatment and disposal systems which considers the unique soil 379
conditions and water table elevations, densities, and setback 380
requirements. On lots where a setback distance of 75 feet from 381
surface waters, saltmarsh, and buttonwood association habitat 382
areas cannot be met, an injection well, approved and permitted 383
by the department, may be used for disposal of effluent from 384
onsite sewage treatment and disposal systems. The following 385
additional requirements apply to onsite sewage treatment and 386
disposal systems in Monroe County: 387
1. The county, each municipality, and those special 388
districts established for the purpose of the collection, 389
transmission, treatment, or disposal of sewage shall ensure, in 390
accordance with the specific schedules adopted by the 391
Administration Commission under s. 380.0552, the completion of 392
onsite sewage treatment and disposal system upgrades to meet the 393
requirements of this paragraph. 394
2. Onsite sewage treatment and disposal systems must cease 395
discharge by December 31, 2015, or must comply with department 396
rules and provide the level of treatment which, on a permitted 397
annual average basis, produces an effluent that contains no more 398
than the following concentrations: 399
a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 400
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b. Suspended Solids of 10 mg/l. 401
c. Total Nitrogen, expressed as N, of 10 mg/l or a 402
reduction in nitrogen of at least 70 percent. A system that has 403
been tested and certified to reduce nitrogen concentrations by 404
at least 70 percent shall be deemed to be in compliance with 405
this standard. 406
d. Total Phosphorus, expressed as P, of 1 mg/l. 407
408
In addition, onsite sewage treatment and disposal systems 409
discharging to an injection well must provide basic disinfection 410
as defined by department rule. 411
3. In areas not scheduled to be se rved by a central 412
sewerage system, onsite sewage treatment and disposal systems 413
must, by December 31, 2015, comply with department rules and 414
provide the level of treatment described in subparagraph 2. 415
4. In areas scheduled to be served by a central sewer age 416
system by December 31, 2015, if the property owner has paid a 417
connection fee or assessment for connection to the central 418
sewerage system, the property owner may install a holding tank 419
with a high water alarm or an onsite sewage treatment and 420
disposal system that meets the following minimum standards: 421
a. The existing tanks must be pumped and inspected and 422
certified as being watertight and free of defects in accordance 423
with department rule; and 424
b. A sand-lined drainfield or injection well in accordanc e 425
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with department rule must be installed. 426
5. Onsite sewage treatment and disposal systems must be 427
monitored for total nitrogen and total phosphorus concentrations 428
as required by department rule. 429
6. The department shall enforce proper installation, 430
operation, and maintenance of onsite sewage treatment and 431
disposal systems pursuant to this chapter, including ensuring 432
that the appropriate level of treatment described in 433
subparagraph 2. is met. 434
7. The authority of a local government, including a 435
special district, to mandate connection of an onsite sewage 436
treatment and disposal system is governed by s. 4, chapter 99 -437
395, Laws of Florida. 438
8. Notwithstanding any other law, an onsite sewage 439
treatment and disposal system installed after July 1, 2010, in 440
unincorporated Monroe County, excluding special wastewater 441
districts, that complies with the standards in subparagraph 2. 442
is not required to connect to a central sewerage system until 443
December 31, 2020. 444
(m) A product sold in the state for use in onsite sewage 445
treatment and disposal systems may not contain any substance in 446
concentrations or amounts that would interfere with or prevent 447
the successful operation of such system, or that would cause 448
discharges from such systems to violate applicable water quality 449
standards. The department shall publish criteria for products 450
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known or expected to meet the conditions of this paragraph. If a 451
product does not meet such criteria, such product may be sold if 452
the manufacturer satisfactorily demonstrates to the department 453
that the conditions of this paragraph are met. 454
(n) Evaluations for determining the seasonal high -water 455
table elevations or the suitability of soils for the use of a 456
new onsite sewage treatment and disposal system shall be 457
performed by department personnel, professional engineers 458
registered in the state, or such other persons with expertise, 459
as defined by rule, in making such evaluations. Evaluations for 460
determining mean annual flood lines shall be performed by those 461
persons identified in paragraph (2)(l). Th e department shall 462
accept evaluations submitted by professional engineers and such 463
other persons as meet the expertise established by this section 464
or by rule unless the department has a reasonable scientific 465
basis for questioning the accuracy or completene ss of the 466
evaluation. 467
(o) An application for an onsite sewage treatment and 468
disposal system permit shall be completed in full, signed by the 469
owner or the owner's authorized representative, or by a 470
contractor licensed under chapter 489, and shall be accompanied 471
by all required exhibits and fees. Specific documentation of 472
property ownership is not required as a prerequisite to the 473
review of an application or the issuance of a permit. The 474
issuance of a permit does not constitute determination by the 475
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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
department of property ownershi p. 476
(p) The department may not require any form of subdivision 477
analysis of property by an owner, developer, or subdivider 478
before submission of an application for an onsite sewage 479
treatment and disposal system. 480
(q) This section does not limit the power o f a 481
municipality or county to enforce other laws for the protection 482
of the public health and safety. 483
(r) In the siting of onsite sewage treatment and disposal 484
systems, including drainfields, shoulders, and slopes, guttering 485
may not be required on single -family residential dwelling units 486
for systems located greater than 5 feet from the roof drip line 487
of the house. If guttering is used on residential dwelling 488
units, the downspouts shall be directed away from the 489
drainfield. 490
(s) Notwithstanding subparagrap h (g)1., onsite sewage 491
treatment and disposal systems located in floodways of the 492
Suwannee and Aucilla Rivers must adhere to the following 493
requirements: 494
1. The absorption surface of the drainfield may not be 495
subject to flooding based on 10 -year flood elevations. Provided, 496
however, for lots or parcels created by the subdivision of land 497
in accordance with applicable local government regulations 498
before January 17, 1990, if an applicant cannot construct a 499
drainfield system with the absorption surface of the d rainfield 500
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at an elevation equal to or above 10 -year flood elevation, the 501
department shall issue a permit for an onsite sewage treatment 502
and disposal system within the 10 -year floodplain of rivers, 503
streams, and other bodies of flowing water if all of the 504
following criteria are met: 505
a. The lot is at least one -half acre in size; 506
b. The bottom of the drainfield is at least 36 inches 507
above the 2-year flood elevation; and 508
c. The applicant installs a waterless, incinerating, or 509
organic waste composting toile t and a graywater system and 510
drainfield in accordance with department rules; an aerobic 511
treatment unit and drainfield in accordance with department 512
rules; a system that is capable of reducing effluent nitrate by 513
at least 50 percent in accordance with depar tment rules; or a 514
system other than a system using alternative drainfield 515
materials in accordance with department rules. The United States 516
Department of Agriculture Soil Conservation Service soil maps, 517
State of Florida Water Management District data, and F ederal 518
Emergency Management Agency Flood Insurance maps are resources 519
that shall be used to identify flood -prone areas. 520
2. The use of fill or mounding to elevate a drainfield 521
system out of the 10 -year floodplain of rivers, streams, or 522
other bodies of flowing water may not be permitted if such a 523
system lies within a regulatory floodway of the Suwannee and 524
Aucilla Rivers. In cases where the 10 -year flood elevation does 525
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not coincide with the boundaries of the regulatory floodway, the 526
regulatory floodway will be considered for the purposes of this 527
subsection to extend at a minimum to the 10 -year flood 528
elevation. 529
(t)1. The owner of an aerobic treatment unit system shall 530
maintain a current maintenance service agreement with an aerobic 531
treatment unit maintenanc e entity permitted by the department. 532
The maintenance entity shall inspect each aerobic treatment unit 533
system at least twice each year and shall report quarterly to 534
the department on the number of aerobic treatment unit systems 535
inspected and serviced. The reports may be submitted 536
electronically. 537
2. The property owner of an owner -occupied, single-family 538
residence may be approved and permitted by the department as a 539
maintenance entity for his or her own aerobic treatment unit 540
system upon written certificati on from the system manufacturer's 541
approved representative that the property owner has received 542
training on the proper installation and service of the system. 543
The maintenance entity service agreement must conspicuously 544
disclose that the property owner has t he right to maintain his 545
or her own system and is exempt from contractor registration 546
requirements for performing construction, maintenance, or 547
repairs on the system but is subject to all permitting 548
requirements. 549
3. A septic tank contractor licensed unde r part III of 550
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chapter 489, if approved by the manufacturer, may not be denied 551
access by the manufacturer to aerobic treatment unit system 552
training or spare parts for maintenance entities. After the 553
original warranty period, component parts for an aerobic 554
treatment unit system may be replaced with parts that meet 555
manufacturer's specifications but are manufactured by others. 556
The maintenance entity shall maintain documentation of the 557
substitute part's equivalency for 2 years and shall provide such 558
documentation to the department upon request. 559
4. The owner of an aerobic treatment unit system shall 560
obtain a system operating permit from the department and allow 561
the department to inspect during reasonable hours each aerobic 562
treatment unit system at least annually , and such inspection may 563
include collection and analysis of system -effluent samples for 564
performance criteria established by rule of the department. 565
(u) The department may require the submission of detailed 566
system construction plans that are prepared by a professional 567
engineer registered in this state. The department shall 568
establish by rule criteria for determining when such a 569
submission is required. 570
(v) Any permit issued and approved by the department for 571
the installation, modification, or repair of an onsite sewage 572
treatment and disposal system shall transfer with the title to 573
the property in a real estate transaction. A title may not be 574
encumbered at the time of transfer by new permit requirements by 575
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a governmental entity for an onsite sewage treatmen t and 576
disposal system which differ from the permitting requirements in 577
effect at the time the system was permitted, modified, or 578
repaired. An inspection of a system may not be mandated by a 579
governmental entity at the point of sale in a real estate 580
transaction. This paragraph does not affect a septic tank phase -581
out deferral program implemented by a consolidated government as 582
defined in s. 9, Art. VIII of the State Constitution of 1885. 583
(w) A governmental entity, including a municipality, 584
county, or statutorily created commission, may not require an 585
engineer-designed performance -based treatment system, excluding 586
a passive engineer-designed performance -based treatment system, 587
before the completion of the Florida Onsite Sewage Nitrogen 588
Reduction Strategies Pro ject. This paragraph does not apply to a 589
governmental entity, including a municipality, county, or 590
statutorily created commission, which adopted a local law, 591
ordinance, or regulation on or before January 31, 2012. 592
Notwithstanding this paragraph, an enginee r-designed 593
performance-based treatment system may be used to meet the 594
requirements of the variance review and advisory committee 595
recommendations. 596
(x)1. An onsite sewage treatment and disposal system is 597
not considered abandoned if the system is disconnect ed from a 598
structure that was made unusable or destroyed following a 599
disaster and if the system was properly functioning at the time 600
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of disconnection and was not adversely affected by the disaster. 601
The onsite sewage treatment and disposal system may be 602
reconnected to a rebuilt structure if: 603
a. The reconnection of the system is to the same type of 604
structure which contains the same number of bedrooms or fewer, 605
if the square footage of the structure is less than or equal to 606
110 percent of the original square footage of the structure that 607
existed before the disaster; 608
b. The system is not a sanitary nuisance; and 609
c. The system has not been altered without prior 610
authorization. 611
2. An onsite sewage treatment and disposal system that 612
serves a property that is foreclosed upon is not considered 613
abandoned. 614
(y) If an onsite sewage treatment and disposal system 615
permittee receives, relies upon, and undertakes construction of 616
a system based upon a validly issued construction permit under 617
rules applicable at the time of construction but a change to a 618
rule occurs within 5 years after the approval of the system for 619
construction but before the final approval of the system, the 620
rules applicable and in effect at the time of construction 621
approval apply at the time of final approval if fundamental site 622
conditions have not changed between the time of construction 623
approval and final approval. 624
(z) An existing-system inspection or evaluation and 625
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assessment, or a modification, replacement, or upgrade of an 626
onsite sewage treatmen t and disposal system is not required for 627
a remodeling addition or modification to a single -family home if 628
a bedroom is not added. However, a remodeling addition or 629
modification to a single -family home may not cover any part of 630
the existing system or encro ach upon a required setback or the 631
unobstructed area. To determine if a setback or the unobstructed 632
area is impacted, the local health department shall review and 633
verify a floor plan and site plan of the proposed remodeling 634
addition or modification to the home submitted by a remodeler 635
which shows the location of the system, including the distance 636
of the remodeling addition or modification to the home from the 637
onsite sewage treatment and disposal system. The local health 638
department may visit the site or othe rwise determine the best 639
means of verifying the information submitted. A verification of 640
the location of a system is not an inspection or evaluation and 641
assessment of the system. The review and verification must be 642
completed within 7 business days after re ceipt by the local 643
health department of a floor plan and site plan. If the review 644
and verification is not completed within such time, the 645
remodeling addition or modification to the single -family home, 646
for the purposes of this paragraph, is approved. 647
Section 2. This act shall take effect July 1, 2025. 648