October 22, 2019
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_h7191__
HB 7191

1
A bill to be entitled
2An act relating to the Florida Keys Area; amending s.
3215.619, F.S.; authorizing the issuance of bonds to be
4used to finance the cost of constructing sewage facilities
5in the Florida Keys Area; amending s. 380.0552, F.S.;
6revising legislative intent relating to the designation of
7the Florida Keys as an area of critical state concern;
8revising the procedures for removing the designation;
9providing for administrative review of such removal rather
10than judicial review; authorizing the Administration
11Commission to adopt rules or revise existing rules;
12revising the principles guiding development; revising
13compliance requirements for reviewing comprehensive plan
14amendments; amending s. 381.0065, F.S.; providing
15additional requirements for onsite sewage treatment and
16disposal systems in Monroe County; amending s. 403.086,
17F.S.; providing legislative findings and discharge
18requirements for wastewater facilities in Monroe County;
19repealing sections 4, 5, and 6 of ch. 99-395, Laws of
20Florida, as amended, relating to sewage treatment in the
21Florida Keys; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Subsection (1) of section 215.619, Florida
26Statutes, is amended to read:
27     215.619  Bonds for Everglades restoration.-
28     (1)  The issuance of Everglades restoration bonds to
29finance or refinance the cost of the acquisition and improvement
30of land, water areas, and related property interests and
31resources for the purpose of implementing the Comprehensive
32Everglades Restoration Plan under s. 373.470, the Lake
33Okeechobee Watershed Protection Plan under s. 373.4595, the
34Caloosahatchee River Watershed Protection Plan under s.
35373.4595, the St. Lucie River Watershed Protection Plan under s.
36373.4595, and the Florida Keys Area of Critical State Concern
37protection program under ss. 380.05 and 380.0552 in order to
38restore and conserve natural systems through the implementation
39of water management projects, including wastewater management
40projects identified in the "Keys Wastewater Plan," dated
41November 2007, and submitted to the Florida House of
42Representatives on December 4, 2007, is authorized in accordance
43with s. 11(e), Art. VII of the State Constitution.
44     (a)  Everglades restoration bonds, except refunding bonds,
45may be issued only in fiscal years 2002-2003 through 2019-2020
46and may not be issued in an amount exceeding $100 million per
47fiscal year unless:
48     1.(a)  The Department of Environmental Protection has
49requested additional amounts in order to achieve cost savings or
50accelerate the purchase of land; or
51     2.(b)  The Legislature authorizes an additional amount of
52bonds not to exceed $200 million, and limited to $50 million per
53fiscal year, for no more than 4 fiscal years, specifically for
54the purpose of funding the Florida Keys Area of Critical State
55Concern protection program. Proceeds from the bonds shall be
56managed by the Department of Environmental Protection for the
57purpose of entering into financial assistance agreements with
58local governments located in the Florida Keys Area of Critical
59State Concern to finance or refinance the cost of constructing
60sewage collection, treatment, and disposal facilities.
61     (b)  The duration of Everglades restoration bonds may not
62exceed 20 annual maturities, and those bonds must mature by
63December 31, 2040. Except for refunding bonds, a series of bonds
64may not be issued unless an amount equal to the debt service
65coming due in the year of issuance has been appropriated by the
66Legislature. Beginning July 1, 2010, the Legislature shall
67analyze the ratio of the state's debt to projected revenues
68before authorizing the issuance of prior to the authorization to
69issue any bonds under this section.
70     Section 2.  Subsections (2), (4), (7), and (9) of section
71380.0552, Florida Statutes, are amended to read:
72     380.0552  Florida Keys Area; protection and designation as
73area of critical state concern.-
74     (2)  LEGISLATIVE INTENT.-It is hereby declared that the
75intent of the Legislature to is:
76     (a)  To Establish a land use management system that
77protects the natural environment of the Florida Keys.
78     (b)  To Establish a land use management system that
79conserves and promotes the community character of the Florida
80Keys.
81     (c)  To Establish a land use management system that
82promotes orderly and balanced growth in accordance with the
83capacity of available and planned public facilities and
84services.
85     (d)  To Provide for affordable housing in close proximity
86to places of employment in the Florida Keys.
87     (e)  To Establish a land use management system that
88promotes and supports a diverse and sound economic base.
89     (f)  To Protect the constitutional rights of property
90owners to own, use, and dispose of their real property.
91     (g)  To Promote coordination and efficiency among
92governmental agencies that have with permitting jurisdiction
93over land use activities in the Florida Keys.
94     (h)  Promote an appropriate land acquisition and protection
95strategy for environmentally sensitive lands within the Florida
96Keys.
97     (i)  Protect and improve the nearshore water quality of the
98Florida Keys through the construction and operation of
99wastewater management facilities that meet the requirements of
100ss. 381.0065(4)(l) and 403.086(10), as applicable.
101     (j)  Ensure that the population of the Florida Keys can be
102safely evacuated.
103     (4)  REMOVAL OF DESIGNATION.-
104     (a)  Between July 12, 2008, and August 30, 2008, the state
105land planning agency shall submit a written report to the
106Administration Commission describing in detail the progress of
107the Florida Keys Area toward accomplishing the tasks of the work
108program as defined in paragraph (c) and providing a
109recommendation as to whether substantial progress toward
110accomplishing the tasks of the work program has been achieved.
111Subsequent to receipt of the report, the Administration
112Commission shall determine, prior to October 1, 2008, whether
113substantial progress has been achieved toward accomplishing the
114tasks of the work program. The designation of the Florida Keys
115Area as an area of critical state concern under this section may
116be recommended for removal upon fulfilling the legislative
117intent under subsection (2) and completion of all the work
118program tasks specified in rules of the Administration
119Commission shall be removed October 1, 2009, unless the
120Administration Commission finds, after receipt of the state land
121planning agency report, that substantial progress has not been
122achieved toward accomplishing the tasks of the work program. If
123the designation of the Florida Keys Area as an area of critical
124state concern is removed, the Administration Commission, within
12560 days after removal of the designation, shall initiate
126rulemaking pursuant to chapter 120 to repeal any rules relating
127to the designation of the Florida Keys Area as an area of
128critical state concern. If, after receipt of the state land
129planning agency's report, the Administration Commission finds
130that substantial progress toward accomplishing the tasks of the
131work program has not been achieved, the Administration
132Commission shall provide a written report to the Monroe County
133Commission within 30 days after making such finding detailing
134the tasks under the work program that must be accomplished in
135order for substantial progress to be achieved within the next 12
136months.
137     (b)  Beginning November 30, 2010, the state land planning
138agency shall annually submit a written report to the
139Administration Commission describing the progress of the Florida
140Keys Area toward completing the work program tasks specified in
141commission rules. The land planning agency shall recommend
142removing the Florida Keys Area from being designated as an area
143of critical state concern to the commission if it determines
144that:
145     1.  All of the work program tasks have been completed,
146including construction of, operation of, and connection to
147central wastewater management facilities pursuant to s.
148403.086(10) and upgrade of onsite sewage treatment and disposal
149systems pursuant to s. 381.0065(4)(l);
150     2.  All local comprehensive plans and land development
151regulations and the administration of such plans and regulations
152are adequate to protect the Florida Keys Area, fulfill the
153legislative intent specified in subsection (2), and are
154consistent with and further the principles guiding development;
155and
156     3.  A local government has adopted a resolution at a public
157hearing recommending the removal of the designation.
158     (b)  If the designation of the Florida Keys Area as an area
159of critical state concern is not removed in accordance with
160paragraph (a), the state land planning agency shall submit a
161written annual report to the Administration Commission on
162November 1 of each year, until such time as the designation is
163removed, describing the progress of the Florida Keys Area toward
164accomplishing remaining tasks under the work program and
165providing a recommendation as to whether substantial progress
166toward accomplishing the tasks of the work program has been
167achieved. The Administration Commission shall determine, within
16845 days after receipt of the annual report, whether substantial
169progress has been achieved toward accomplishing the remaining
170tasks of the work program. The designation of the Florida Keys
171Area as an area of critical state concern under this section
172shall be removed unless the Administration Commission finds that
173substantial progress has not been achieved toward accomplishing
174the tasks of the work program. If the designation of the Florida
175Keys Area as an area of critical state concern is removed, the
176Administration Commission, within 60 days after removal of the
177designation, shall initiate rulemaking pursuant to chapter 120
178to repeal any rules relating to the designation of the Florida
179Keys Area as an area of critical state concern. If the
180Administration Commission finds that substantial progress has
181not been achieved, the Administration Commission shall provide
182to the Monroe County Commission, within 30 days after making its
183finding, a report detailing the tasks under the work program
184that must be accomplished in order for substantial progress to
185be achieved within the next 12 months.
186     (c)  After receipt of the state land planning agency report
187and recommendation, the Administration Commission shall
188determine whether the requirements have been fulfilled and may
189remove the designation of the Florida Keys as an area of
190critical state concern. If the commission removes the
191designation, it shall initiate rulemaking to repeal any rules
192relating such designation within 60 days. If, after receipt of
193the state land planning agency's report and recommendation, the
194commission finds that the requirements for recommending removal
195of designation have not been met, the commission shall provide a
196written report to the local governments within 30 days after
197making such a finding detailing the tasks that must be completed
198by the local government.
199     (c)  For purposes of this subsection, the term "work
200program" means the 10-year work program as set forth in rule 28-
20120.110, Florida Administrative Code, on January 1, 2006,
202excluding amendments to the work program that take effect after
203January 1, 2006.
204     (d)  The determination of the Administration Commission's
205determination concerning the removal of the designation of the
206Florida Keys as an area of critical state concern Commission as
207to whether substantial progress has been made toward
208accomplishing the tasks of the work program may be judicially
209reviewed pursuant to chapter 120 86. All proceedings shall be
210conducted by the Division of Administrative Hearings and must be
211initiated within 30 days after the commission issues its
212determination in the circuit court of the judicial circuit where
213the Administration Commission maintains its headquarters and
214shall be initiated within 30 days after rendition of the
215Administration Commission's determination. The Administration
216Commission's determination as to whether substantial progress
217has been made toward accomplishing the tasks of the work program
218shall be upheld if it is supported by competent and substantial
219evidence and shall not be subject to administrative review under
220chapter 120.
221     (e)  After removal of the designation of the Florida Keys
222as an area of critical state concern, the state land planning
223agency shall review proposed local comprehensive plans, and any
224amendments to existing comprehensive plans, which are applicable
225to the Florida Keys Area, the boundaries of which were described
226in chapter 28-29, Florida Administrative Code, as of January 1,
2272006, for compliance with subparagraphs 1. and 2., in addition
228to reviewing proposed local comprehensive plans and amendments
229for compliance as defined in s. 163.3184. All procedures and
230penalties described in s. 163.3184 apply to the review conducted
231pursuant to this paragraph.
232     1.  Adoption of construction schedules for wastewater
233facilities improvements in the annually adopted capital
234improvements element and adoption of standards for the
235construction of wastewater treatment facilities which meet or
236exceed the criteria of chapter 99-395, Laws of Florida.
237     2.  Adoption of goals, objectives, and policies to protect
238public safety and welfare in the event of a natural disaster by
239maintaining a hurricane evacuation clearance time for permanent
240residents of no more than 24 hours. The hurricane evacuation
241clearance time shall be determined by a hurricane evacuation
242study conducted in accordance with a professionally accepted
243methodology and approved by the state land planning agency.
244     (f)  The Administration Commission may adopt rules or
245revise existing rules as necessary to administer this
246subsection.
247     (7)  PRINCIPLES FOR GUIDING DEVELOPMENT.-State, regional,
248and local agencies and units of government in the Florida Keys
249Area shall coordinate their plans and conduct their programs and
250regulatory activities consistent with the principles for guiding
251development as specified set forth in chapter 27F-8, Florida
252Administrative Code, as amended effective August 23, 1984, which
253chapter is hereby adopted and incorporated herein by reference.
254For the purposes of reviewing the consistency of the adopted
255plan, or any amendments to that plan, with the principles for
256guiding development, and any amendments to the principles, the
257principles shall be construed as a whole and no specific
258provisions may not provision shall be construed or applied in
259isolation from the other provisions. However, the principles for
260guiding development as set forth in chapter 27F-8, Florida
261Administrative Code, as amended effective August 23, 1984, are
262repealed 18 months from July 1, 1986. After repeal, the
263following shall be the principles with which any plan amendments
264must be consistent with the following principles:
265     (a)  Strengthening To strengthen local government
266capabilities for managing land use and development so that local
267government is able to achieve these objectives without
268continuing the continuation of the area of critical state
269concern designation.
270     (b)  Protecting To protect shoreline and marine resources,
271including mangroves, coral reef formations, seagrass beds,
272wetlands, fish and wildlife, and their habitat.
273     (c)  Protecting To protect upland resources, tropical
274biological communities, freshwater wetlands, native tropical
275vegetation (for example, hardwood hammocks and pinelands), dune
276ridges and beaches, wildlife, and their habitat.
277     (d)  Ensuring To ensure the maximum well-being of the
278Florida Keys and its citizens through sound economic
279development.
280     (e)  Limiting To limit the adverse impacts of development
281on the quality of water throughout the Florida Keys.
282     (f)  Enhancing To enhance natural scenic resources,
283promoting promote the aesthetic benefits of the natural
284environment, and ensuring ensure that development is compatible
285with the unique historic character of the Florida Keys.
286     (g)  Protecting To protect the historical heritage of the
287Florida Keys.
288     (h)  Protecting To protect the value, efficiency, cost-
289effectiveness, and amortized life of existing and proposed major
290public investments, including:
291     1.  The Florida Keys Aqueduct and water supply facilities;
292     2.  Sewage collection, treatment, and disposal facilities;
293     3.  Solid waste collection, treatment, and disposal
294facilities;
295     4.  Key West Naval Air Station and other military
296facilities;
297     5.  Transportation facilities;
298     6.  Federal parks, wildlife refuges, and marine
299sanctuaries;
300     7.  State parks, recreation facilities, aquatic preserves,
301and other publicly owned properties;
302     8.  City electric service and the Florida Keys Electric Co-
303op; and
304     9.  Other utilities, as appropriate.
305     (i)  Protecting and improving water quality by providing
306for the construction, operation, maintenance, and replacement of
307stormwater management facilities; central sewage collection;
308treatment and disposal facilities; and the installation and
309proper operation and maintenance of onsite sewage treatment and
310disposal systems.
311     (j)  Ensuring the improvement of nearshore water quality by
312requiring the construction and operation of wastewater
313management facilities that meet the requirements of s.
314381.0065(4)(l) and s. 403.086(10), as applicable, and by
315directing growth to areas served by central wastewater treatment
316facilities through permit allocation systems.
317     (k)(i)  Limiting To limit the adverse impacts of public
318investments on the environmental resources of the Florida Keys.
319     (l)(j)  Making To make available adequate affordable
320housing for all sectors of the population of the Florida Keys.
321     (m)(k)  Providing To provide adequate alternatives for the
322protection of public safety and welfare in the event of a
323natural or manmade disaster and for a postdisaster
324reconstruction plan.
325     (n)(l)  Protecting To protect the public health, safety,
326and welfare of the citizens of the Florida Keys and maintain the
327Florida Keys as a unique Florida resource.
328     (9)  MODIFICATION TO PLANS AND REGULATIONS.-
329     (a)  Any land development regulation or element of a local
330comprehensive plan in the Florida Keys Area may be enacted,
331amended, or rescinded by a local government, but the enactment,
332amendment, or rescission becomes shall become effective only
333upon the approval thereof by the state land planning agency. The
334state land planning agency shall review the proposed change to
335determine if it is in compliance with the principles for guiding
336development specified set forth in chapter 27F-8, Florida
337Administrative Code, as amended effective August 23, 1984, and
338must shall either approve or reject the requested changes within
33960 days after of receipt thereof. Amendments to local
340comprehensive plans in the Florida Keys Area must also be
341reviewed for compliance with the following:
342     1.  Construction schedules and detailed capital financing
343plans for wastewater management improvements in the annually
344adopted capital improvements element, and standards for the
345construction of wastewater treatment and disposal facilities or
346collection systems that meet or exceed the criteria in s.
347403.086(10) for wastewater treatment and disposal facilities or
348s. 381.0065(4)(l) for onsite sewage treatment and disposal
349systems.
350     2.  Goals, objectives, and policies to protect public
351safety and welfare in the event of a natural disaster by
352maintaining a hurricane evacuation clearance time for permanent
353residents of no more than 24 hours. The hurricane evacuation
354clearance time shall be determined by a hurricane evacuation
355study conducted in accordance with a professionally accepted
356methodology and approved by the state land planning agency.
357     (b)  Further, The state land planning agency, after
358consulting with the appropriate local government, may, no more
359often than once per a year, recommend to the Administration
360Commission the enactment, amendment, or rescission of a land
361development regulation or element of a local comprehensive plan.
362Within 45 days following the receipt of such recommendation by
363the state land planning agency, the commission shall reject the
364recommendation, or accept it with or without modification and
365adopt it, by rule, including any changes. Any Such local
366development regulation or plan must shall be in compliance with
367the principles for guiding development.
368     Section 3.  Paragraph (l) of subsection (4) of section
369381.0065, Florida Statutes, is amended to read:
370     381.0065  Onsite sewage treatment and disposal systems;
371regulation.-
372     (4)  PERMITS; INSTALLATION; AND CONDITIONS.-A person may
373not construct, repair, modify, abandon, or operate an onsite
374sewage treatment and disposal system without first obtaining a
375permit approved by the department. The department may issue
376permits to carry out this section, but shall not make the
377issuance of such permits contingent upon prior approval by the
378Department of Environmental Protection, except that the issuance
379of a permit for work seaward of the coastal construction control
380line established under s. 161.053 shall be contingent upon
381receipt of any required coastal construction control line permit
382from the Department of Environmental Protection. A construction
383permit is valid for 18 months from the issuance date and may be
384extended by the department for one 90-day period under rules
385adopted by the department. A repair permit is valid for 90 days
386following from the date of issuance. An operating permit must be
387obtained prior to the use of any aerobic treatment unit or if
388the establishment generates commercial waste. Buildings or
389establishments that use an aerobic treatment unit or generate
390commercial waste shall be inspected by the department at least
391annually to assure compliance with the terms of the operating
392permit. The operating permit for a commercial wastewater system
393is valid for 1 year from the date of issuance and must be
394renewed annually. The operating permit for an aerobic treatment
395unit is valid for 2 years from the date of issuance and must be
396renewed every 2 years. If all information pertaining to the
397siting, location, and installation conditions or repair of an
398onsite sewage treatment and disposal system remains the same, a
399construction or repair permit for the onsite sewage treatment
400and disposal system may be transferred to another person, if the
401transferee files, within 60 days after the transfer of
402ownership, an amended application providing all corrected
403information and proof of ownership of the property. There is no
404fee associated with the processing of this supplemental
405information. A person may not contract to construct, modify,
406alter, repair, service, abandon, or maintain any portion of an
407onsite sewage treatment and disposal system without being
408registered under part III of chapter 489. A property owner who
409personally performs construction, maintenance, or repairs to a
410system serving his or her own owner-occupied single-family
411residence is exempt from registration requirements for
412performing such construction, maintenance, or repairs on that
413residence, but is subject to all permitting requirements. A
414municipality or political subdivision of the state may not issue
415a building or plumbing permit for any building that requires the
416use of an onsite sewage treatment and disposal system unless the
417owner or builder has received a construction permit for such
418system from the department. A building or structure may not be
419occupied and a municipality, political subdivision, or any state
420or federal agency may not authorize occupancy until the
421department approves the final installation of the onsite sewage
422treatment and disposal system. A municipality or political
423subdivision of the state may not approve any change in occupancy
424or tenancy of a building that uses an onsite sewage treatment
425and disposal system until the department has reviewed the use of
426the system with the proposed change, approved the change, and
427amended the operating permit.
428     (a)  Subdivisions and lots in which each lot has a minimum
429area of at least one-half acre and either a minimum dimension of
430100 feet or a mean of at least 100 feet of the side bordering
431the street and the distance formed by a line parallel to the
432side bordering the street drawn between the two most distant
433points of the remainder of the lot may be developed with a water
434system regulated under s. 381.0062 and onsite sewage treatment
435and disposal systems, provided the projected daily sewage flow
436does not exceed an average of 1,500 gallons per acre per day,
437and provided satisfactory drinking water can be obtained and all
438distance and setback, soil condition, water table elevation, and
439other related requirements of this section and rules adopted
440under this section can be met.
441     (b)  Subdivisions and lots using a public water system as
442defined in s. 403.852 may use onsite sewage treatment and
443disposal systems, provided there are no more than four lots per
444acre, provided the projected daily sewage flow does not exceed
445an average of 2,500 gallons per acre per day, and provided that
446all distance and setback, soil condition, water table elevation,
447and other related requirements that are generally applicable to
448the use of onsite sewage treatment and disposal systems are met.
449     (c)  Notwithstanding paragraphs (a) and (b), for
450subdivisions platted of record on or before October 1, 1991,
451when a developer or other appropriate entity has previously made
452or makes provisions, including financial assurances or other
453commitments, acceptable to the Department of Health, that a
454central water system will be installed by a regulated public
455utility based on a density formula, private potable wells may be
456used with onsite sewage treatment and disposal systems until the
457agreed-upon densities are reached. In a subdivision regulated by
458this paragraph, the average daily sewage flow may not exceed
4592,500 gallons per acre per day. This section does not affect the
460validity of existing prior agreements. After October 1, 1991,
461the exception provided under this paragraph is not available to
462a developer or other appropriate entity.
463     (d)  Paragraphs (a) and (b) do not apply to any proposed
464residential subdivision with more than 50 lots or to any
465proposed commercial subdivision with more than 5 lots where a
466publicly owned or investor-owned sewerage system is available.
467It is the intent of this paragraph not to allow development of
468additional proposed subdivisions in order to evade the
469requirements of this paragraph.
470     (e)  Onsite sewage treatment and disposal systems must not
471be placed closer than:
472     1.  Seventy-five feet from a private potable well.
473     2.  Two hundred feet from a public potable well serving a
474residential or nonresidential establishment having a total
475sewage flow of greater than 2,000 gallons per day.
476     3.  One hundred feet from a public potable well serving a
477residential or nonresidential establishment having a total
478sewage flow of less than or equal to 2,000 gallons per day.
479     4.  Fifty feet from any nonpotable well.
480     5.  Ten feet from any storm sewer pipe, to the maximum
481extent possible, but in no instance shall the setback be less
482than 5 feet.
483     6.  Seventy-five feet from the mean high-water line of a
484tidally influenced surface water body.
485     7.  Seventy-five feet from the mean annual flood line of a
486permanent nontidal surface water body.
487     8.  Fifteen feet from the design high-water line of
488retention areas, detention areas, or swales designed to contain
489standing or flowing water for less than 72 hours after a
490rainfall or the design high-water level of normally dry drainage
491ditches or normally dry individual lot stormwater retention
492areas.
493     (f)  Except as provided under paragraphs (e) and (t), no
494limitations shall be imposed by rule, relating to the distance
495between an onsite disposal system and any area that either
496permanently or temporarily has visible surface water.
497     (g)  All provisions of this section and rules adopted under
498this section relating to soil condition, water table elevation,
499distance, and other setback requirements must be equally applied
500to all lots, with the following exceptions:
501     1.  Any residential lot that was platted and recorded on or
502after January 1, 1972, or that is part of a residential
503subdivision that was approved by the appropriate permitting
504agency on or after January 1, 1972, and that was eligible for an
505onsite sewage treatment and disposal system construction permit
506on the date of such platting and recording or approval shall be
507eligible for an onsite sewage treatment and disposal system
508construction permit, regardless of when the application for a
509permit is made. If rules in effect at the time the permit
510application is filed cannot be met, residential lots platted and
511recorded or approved on or after January 1, 1972, shall, to the
512maximum extent possible, comply with the rules in effect at the
513time the permit application is filed. At a minimum, however,
514those residential lots platted and recorded or approved on or
515after January 1, 1972, but before January 1, 1983, shall comply
516with those rules in effect on January 1, 1983, and those
517residential lots platted and recorded or approved on or after
518January 1, 1983, shall comply with those rules in effect at the
519time of such platting and recording or approval. In determining
520the maximum extent of compliance with current rules that is
521possible, the department shall allow structures and
522appurtenances thereto which were authorized at the time such
523lots were platted and recorded or approved.
524     2.  Lots platted before 1972 are subject to a 50-foot
525minimum surface water setback and are not subject to lot size
526requirements. The projected daily flow for onsite sewage
527treatment and disposal systems for lots platted before 1972 may
528not exceed:
529     a.  Two thousand five hundred gallons per acre per day for
530lots served by public water systems as defined in s. 403.852.
531     b.  One thousand five hundred gallons per acre per day for
532lots served by water systems regulated under s. 381.0062.
533     (h)1.  The department may grant variances in hardship cases
534which may be less restrictive than the provisions specified in
535this section. If a variance is granted and the onsite sewage
536treatment and disposal system construction permit has been
537issued, the variance may be transferred with the system
538construction permit, if the transferee files, within 60 days
539after the transfer of ownership, an amended construction permit
540application providing all corrected information and proof of
541ownership of the property and if the same variance would have
542been required for the new owner of the property as was
543originally granted to the original applicant for the variance.
544There is no fee associated with the processing of this
545supplemental information. A variance may not be granted under
546this section until the department is satisfied that:
547     a.  The hardship was not caused intentionally by the action
548of the applicant;
549     b.  No reasonable alternative, taking into consideration
550factors such as cost, exists for the treatment of the sewage;
551and
552     c.  The discharge from the onsite sewage treatment and
553disposal system will not adversely affect the health of the
554applicant or the public or significantly degrade the groundwater
555or surface waters.
556
557Where soil conditions, water table elevation, and setback
558provisions are determined by the department to be satisfactory,
559special consideration must be given to those lots platted before
5601972.
561     2.  The department shall appoint and staff a variance
562review and advisory committee, which shall meet monthly to
563recommend agency action on variance requests. The committee
564shall make its recommendations on variance requests at the
565meeting in which the application is scheduled for consideration,
566except for an extraordinary change in circumstances, the receipt
567of new information that raises new issues, or when the applicant
568requests an extension. The committee shall consider the criteria
569in subparagraph 1. in its recommended agency action on variance
570requests and shall also strive to allow property owners the full
571use of their land where possible. The committee consists of the
572following:
573     a.  The Division Director for Environmental Health of the
574department or his or her designee.
575     b.  A representative from the county health departments.
576     c.  A representative from the home building industry
577recommended by the Florida Home Builders Association.
578     d.  A representative from the septic tank industry
579recommended by the Florida Onsite Wastewater Association.
580     e.  A representative from the Department of Environmental
581Protection.
582     f.  A representative from the real estate industry who is
583also a developer in this state who develops lots using onsite
584sewage treatment and disposal systems, recommended by the
585Florida Association of Realtors.
586     g.  A representative from the engineering profession
587recommended by the Florida Engineering Society.
588
589Members shall be appointed for a term of 3 years, with such
590appointments being staggered so that the terms of no more than
591two members expire in any one year. Members shall serve without
592remuneration, but if requested, shall be reimbursed for per diem
593and travel expenses as provided in s. 112.061.
594     (i)  A construction permit may not be issued for an onsite
595sewage treatment and disposal system in any area zoned or used
596for industrial or manufacturing purposes, or its equivalent,
597where a publicly owned or investor-owned sewage treatment system
598is available, or where a likelihood exists that the system will
599receive toxic, hazardous, or industrial waste. An existing
600onsite sewage treatment and disposal system may be repaired if a
601publicly owned or investor-owned sewerage system is not
602available within 500 feet of the building sewer stub-out and if
603system construction and operation standards can be met. This
604paragraph does not require publicly owned or investor-owned
605sewerage treatment systems to accept anything other than
606domestic wastewater.
607     1.  A building located in an area zoned or used for
608industrial or manufacturing purposes, or its equivalent, when
609such building is served by an onsite sewage treatment and
610disposal system, must not be occupied until the owner or tenant
611has obtained written approval from the department. The
612department shall not grant approval when the proposed use of the
613system is to dispose of toxic, hazardous, or industrial
614wastewater or toxic or hazardous chemicals.
615     2.  Each person who owns or operates a business or facility
616in an area zoned or used for industrial or manufacturing
617purposes, or its equivalent, or who owns or operates a business
618that has the potential to generate toxic, hazardous, or
619industrial wastewater or toxic or hazardous chemicals, and uses
620an onsite sewage treatment and disposal system that is installed
621on or after July 5, 1989, must obtain an annual system operating
622permit from the department. A person who owns or operates a
623business that uses an onsite sewage treatment and disposal
624system that was installed and approved before July 5, 1989, need
625not obtain a system operating permit. However, upon change of
626ownership or tenancy, the new owner or operator must notify the
627department of the change, and the new owner or operator must
628obtain an annual system operating permit, regardless of the date
629that the system was installed or approved.
630     3.  The department shall periodically review and evaluate
631the continued use of onsite sewage treatment and disposal
632systems in areas zoned or used for industrial or manufacturing
633purposes, or its equivalent, and may require the collection and
634analyses of samples from within and around such systems. If the
635department finds that toxic or hazardous chemicals or toxic,
636hazardous, or industrial wastewater have been or are being
637disposed of through an onsite sewage treatment and disposal
638system, the department shall initiate enforcement actions
639against the owner or tenant to ensure adequate cleanup,
640treatment, and disposal.
641     (j)  An onsite sewage treatment and disposal system for a
642single-family residence that is designed by a professional
643engineer registered in the state and certified by such engineer
644as complying with performance criteria adopted by the department
645must be approved by the department subject to the following:
646     1.  The performance criteria applicable to engineer-
647designed systems must be limited to those necessary to ensure
648that such systems do not adversely affect the public health or
649significantly degrade the groundwater or surface water. Such
650performance criteria shall include consideration of the quality
651of system effluent, the proposed total sewage flow per acre,
652wastewater treatment capabilities of the natural or replaced
653soil, water quality classification of the potential surface-
654water-receiving body, and the structural and maintenance
655viability of the system for the treatment of domestic
656wastewater. However, performance criteria shall address only the
657performance of a system and not a system's design.
658     2.  The technical review and advisory panel shall assist
659the department in the development of performance criteria
660applicable to engineer-designed systems.
661     3.  A person electing to utilize an engineer-designed
662system shall, upon completion of the system design, submit such
663design, certified by a registered professional engineer, to the
664county health department. The county health department may
665utilize an outside consultant to review the engineer-designed
666system, with the actual cost of such review to be borne by the
667applicant. Within 5 working days after receiving an engineer-
668designed system permit application, the county health department
669shall request additional information if the application is not
670complete. Within 15 working days after receiving a complete
671application for an engineer-designed system, the county health
672department either shall issue the permit or, if it determines
673that the system does not comply with the performance criteria,
674shall notify the applicant of that determination and refer the
675application to the department for a determination as to whether
676the system should be approved, disapproved, or approved with
677modification. The department engineer's determination shall
678prevail over the action of the county health department. The
679applicant shall be notified in writing of the department's
680determination and of the applicant's rights to pursue a variance
681or seek review under the provisions of chapter 120.
682     4.  The owner of an engineer-designed performance-based
683system must maintain a current maintenance service agreement
684with a maintenance entity permitted by the department. The
685maintenance entity shall obtain a biennial system operating
686permit from the department for each system under service
687contract. The department shall inspect the system at least
688annually, or on such periodic basis as the fee collected
689permits, and may collect system-effluent samples if appropriate
690to determine compliance with the performance criteria. The fee
691for the biennial operating permit shall be collected beginning
692with the second year of system operation. The maintenance entity
693shall inspect each system at least twice each year and shall
694report quarterly to the department on the number of systems
695inspected and serviced.
696     5.  If an engineer-designed system fails to properly
697function or fails to meet performance standards, the system
698shall be re-engineered, if necessary, to bring the system into
699compliance with the provisions of this section.
700     (k)  An innovative system may be approved in conjunction
701with an engineer-designed site-specific system which is
702certified by the engineer to meet the performance-based criteria
703adopted by the department.
704     (l)  For the Florida Keys, the department shall adopt a
705special rule for the construction, installation, modification,
706operation, repair, maintenance, and performance of onsite sewage
707treatment and disposal systems which considers the unique soil
708conditions and which considers water table elevations,
709densities, and setback requirements. On lots where a setback
710distance of 75 feet from surface waters, saltmarsh, and
711buttonwood association habitat areas cannot be met, an injection
712well, approved and permitted by the department, may be used for
713disposal of effluent from onsite sewage treatment and disposal
714systems. The following additional requirements apply to onsite
715sewage treatment and disposal systems in Monroe County:
716     1.  The county, each municipality, and those special
717districts established for the purpose of the collection,
718transmission, treatment, or disposal of sewage shall ensure, in
719accordance with the specific schedules adopted by the
720Administration Commission under s. 380.0552, the completion of
721onsite sewage treatment and disposal system upgrades to meet the
722requirements of this paragraph.
723     2.  Onsite sewage treatment and disposal systems must cease
724discharge by December 31, 2015, or must comply with department
725rules and provide the level of treatment which, on a permitted
726annual average basis, produces an effluent that contains no more
727than the following concentrations:
728     a.  Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
729     b.  Suspended Solids of 10 mg/l.
730     c.  Total Nitrogen, expressed as N, of 10 mg/l.
731     d.  Total Phosphorus, expressed as P, of 1 mg/l.
732
733In addition, onsite sewage treatment and disposal systems
734discharging to an injection well must provide basic disinfection
735as defined by department rule.
736     3.  On or after July 1, 2010, all new, modified, and
737repaired onsite sewage treatment and disposal systems must
738provide the level of treatment described in subparagraph 2.
739However, in areas scheduled to be served by central sewer by
740December 31, 2015, if the property owner has paid a connection
741fee or assessment for connection to the central sewer system, an
742onsite sewage treatment and disposal system may be repaired to
743the following minimum standards:
744     a.  The existing tanks must be pumped and inspected and
745certified as being watertight and free of defects in accordance
746with department rule; and
747     b.  A sand-lined drainfield or injection well in accordance
748with department rule must be installed.
749     4.  Onsite sewage treatment and disposal systems must be
750monitored for total nitrogen and total phosphorus concentrations
751as required by department rule.
752     5.  The department shall enforce proper installation,
753operation, and maintenance of onsite sewage treatment and
754disposal systems pursuant to this chapter, including ensuring
755that the appropriate level of treatment described in
756subparagraph 2. is met.
757     6.  The county, each municipality, and those special
758districts established for the purpose of collection,
759transmission, treatment, or disposal of sewage may require
760connecting onsite sewage treatment and disposal systems to a
761central sewer system within 30 days after notice of availability
762of service.
763     (m)  No product sold in the state for use in onsite sewage
764treatment and disposal systems may contain any substance in
765concentrations or amounts that would interfere with or prevent
766the successful operation of such system, or that would cause
767discharges from such systems to violate applicable water quality
768standards. The department shall publish criteria for products
769known or expected to meet the conditions of this paragraph. In
770the event a product does not meet such criteria, such product
771may be sold if the manufacturer satisfactorily demonstrates to
772the department that the conditions of this paragraph are met.
773     (n)  Evaluations for determining the seasonal high-water
774table elevations or the suitability of soils for the use of a
775new onsite sewage treatment and disposal system shall be
776performed by department personnel, professional engineers
777registered in the state, or such other persons with expertise,
778as defined by rule, in making such evaluations. Evaluations for
779determining mean annual flood lines shall be performed by those
780persons identified in paragraph (2)(i). The department shall
781accept evaluations submitted by professional engineers and such
782other persons as meet the expertise established by this section
783or by rule unless the department has a reasonable scientific
784basis for questioning the accuracy or completeness of the
785evaluation.
786     (o)  The department shall appoint a research review and
787advisory committee, which shall meet at least semiannually. The
788committee shall advise the department on directions for new
789research, review and rank proposals for research contracts, and
790review draft research reports and make comments. The committee
791is comprised of:
792     1.  A representative of the Division of Environmental
793Health of the Department of Health.
794     2.  A representative from the septic tank industry.
795     3.  A representative from the home building industry.
796     4.  A representative from an environmental interest group.
797     5.  A representative from the State University System, from
798a department knowledgeable about onsite sewage treatment and
799disposal systems.
800     6.  A professional engineer registered in this state who
801has work experience in onsite sewage treatment and disposal
802systems.
803     7.  A representative from local government who is
804knowledgeable about domestic wastewater treatment.
805     8.  A representative from the real estate profession.
806     9.  A representative from the restaurant industry.
807     10.  A consumer.
808
809Members shall be appointed for a term of 3 years, with the
810appointments being staggered so that the terms of no more than
811four members expire in any one year. Members shall serve without
812remuneration, but are entitled to reimbursement for per diem and
813travel expenses as provided in s. 112.061.
814     (p)  An application for an onsite sewage treatment and
815disposal system permit shall be completed in full, signed by the
816owner or the owner's authorized representative, or by a
817contractor licensed under chapter 489, and shall be accompanied
818by all required exhibits and fees. No specific documentation of
819property ownership shall be required as a prerequisite to the
820review of an application or the issuance of a permit. The
821issuance of a permit does not constitute determination by the
822department of property ownership.
823     (q)  The department may not require any form of subdivision
824analysis of property by an owner, developer, or subdivider prior
825to submission of an application for an onsite sewage treatment
826and disposal system.
827     (r)  Nothing in this section limits the power of a
828municipality or county to enforce other laws for the protection
829of the public health and safety.
830     (s)  In the siting of onsite sewage treatment and disposal
831systems, including drainfields, shoulders, and slopes, guttering
832shall not be required on single-family residential dwelling
833units for systems located greater than 5 feet from the roof drip
834line of the house. If guttering is used on residential dwelling
835units, the downspouts shall be directed away from the
836drainfield.
837     (t)  Notwithstanding the provisions of subparagraph (g)1.,
838onsite sewage treatment and disposal systems located in
839floodways of the Suwannee and Aucilla Rivers must adhere to the
840following requirements:
841     1.  The absorption surface of the drainfield shall not be
842subject to flooding based on 10-year flood elevations. Provided,
843however, for lots or parcels created by the subdivision of land
844in accordance with applicable local government regulations prior
845to January 17, 1990, if an applicant cannot construct a
846drainfield system with the absorption surface of the drainfield
847at an elevation equal to or above 10-year flood elevation, the
848department shall issue a permit for an onsite sewage treatment
849and disposal system within the 10-year floodplain of rivers,
850streams, and other bodies of flowing water if all of the
851following criteria are met:
852     a.  The lot is at least one-half acre in size;
853     b.  The bottom of the drainfield is at least 36 inches
854above the 2-year flood elevation; and
855     c.  The applicant installs either: a waterless,
856incinerating, or organic waste composting toilet and a graywater
857system and drainfield in accordance with department rules; an
858aerobic treatment unit and drainfield in accordance with
859department rules; a system approved by the State Health Office
860that is capable of reducing effluent nitrate by at least 50
861percent; or a system approved by the county health department
862pursuant to department rule other than a system using
863alternative drainfield materials. The United States Department
864of Agriculture Soil Conservation Service soil maps, State of
865Florida Water Management District data, and Federal Emergency
866Management Agency Flood Insurance maps are resources that shall
867be used to identify flood-prone areas.
868     2.  The use of fill or mounding to elevate a drainfield
869system out of the 10-year floodplain of rivers, streams, or
870other bodies of flowing water shall not be permitted if such a
871system lies within a regulatory floodway of the Suwannee and
872Aucilla Rivers. In cases where the 10-year flood elevation does
873not coincide with the boundaries of the regulatory floodway, the
874regulatory floodway will be considered for the purposes of this
875subsection to extend at a minimum to the 10-year flood
876elevation.
877     (u)  The owner of an aerobic treatment unit system shall
878maintain a current maintenance service agreement with an aerobic
879treatment unit maintenance entity permitted by the department.
880The maintenance entity shall obtain a system operating permit
881from the department for each aerobic treatment unit under
882service contract. The maintenance entity shall inspect each
883aerobic treatment unit system at least twice each year and shall
884report quarterly to the department on the number of aerobic
885treatment unit systems inspected and serviced. The owner shall
886allow the department to inspect during reasonable hours each
887aerobic treatment unit system at least annually, and such
888inspection may include collection and analysis of system-
889effluent samples for performance criteria established by rule of
890the department.
891     (v)  The department may require the submission of detailed
892system construction plans that are prepared by a professional
893engineer registered in this state. The department shall
894establish by rule criteria for determining when such a
895submission is required.
896     Section 4.  Subsection (10) is added to section 403.086,
897Florida Statutes, to read:
898     403.086  Sewage disposal facilities; advanced and secondary
899waste treatment.-
900     (10)  The Legislature finds that the discharge of
901inadequately treated and managed domestic wastewater from dozens
902of small wastewater facilities and thousands of septic tanks and
903other onsite systems in the Florida Keys compromises the quality
904of the coastal environment, including nearshore and offshore
905waters, and threatens the quality of life and local economies
906that depend on those resources. The Legislature also finds that
907the only practical and cost-effective way to fundamentally
908improve wastewater management in the Florida Keys is for the
909local governments in Monroe County, including those special
910districts established for the purpose of collection,
911transmission, treatment, or disposal of sewage, to timely
912complete the wastewater or sewage treatment and disposal
913facilities initiated under the work program of Administration
914Commission rule 28-20, Florida Administrative Code, and the
915Monroe County Sanitary Master Wastewater Plan, dated June 2000.
916The Legislature therefore declares that the construction and
917operation of comprehensive central wastewater systems in
918accordance with this subsection is in the public interest. To
919give effect to those findings, the requirements of this
920subsection apply to all domestic wastewater facilities in Monroe
921County, including privately owned facilities, unless otherwise
922provided under this subsection.
923     (a)  The discharge of domestic wastewater into surface
924waters is prohibited.
925     (b)  Monroe County, each municipality, and those special
926districts established for the purpose of collection,
927transmission, treatment, or disposal of sewage in Monroe County
928shall complete the wastewater collection, treatment, and
929disposal facilities within its jurisdiction designated as hot
930spots in the Monroe County Sanitary Master Wastewater Plan,
931dated June 2000, specifically listed in Exhibits 6-1 through 6-3
932of Chapter 6 of the plan and mapped in Exhibit F-1 of Appendix F
933of the plan. The required facilities and connections, and any
934additional facilities or other adjustments required by rules
935adopted by the Administration Commission under s. 380.0552, must
936be completed by December 31, 2015, pursuant to specific
937schedules established by the commission. Domestic wastewater
938facilities located outside local government and special district
939service areas must meet the treatment and disposal requirements
940of this subsection by December 31, 2015.
941     (c)  After December 31, 2015, all new or expanded domestic
942wastewater discharges must comply with the treatment and
943disposal requirements of this subsection and department rules.
944     (d)  Wastewater treatment facilities having design
945capacities:
946     1.  Greater than or equal to 100,000 gallons per day must
947provide basic disinfection as defined by department rule and the
948level of treatment which, on a permitted annual average basis,
949produces an effluent that contains no more than the following
950concentrations:
951     a.  Biochemical Oxygen Demand (CBOD5) of 5 mg/l.
952     b.  Suspended Solids of 5 mg/l.
953     c.  Total Nitrogen, expressed as N, of 3 mg/l.
954     d.  Total Phosphorus, expressed as P, of 1 mg/l.
955     2.  Less than 100,000 gallons per day must provide basic
956disinfection as defined by department rule and the level of
957treatment which, on a permitted annual average basis, produces
958an effluent that contains no more than the following
959concentrations:
960     a.  Biochemical Oxygen Demand (CBOD5) of 10 mg/l.
961     b.  Suspended Solids of 10 mg/l.
962     c.  Total Nitrogen, expressed as N, of 10 mg/l.
963     d.  Total Phosphorus, expressed as P, of 1 mg/l.
964     (e)  Class V injection wells, as defined by department or
965Department of Health rule, must meet the following requirements
966and otherwise comply with department or Department of Health
967rules, as applicable:
968     1.  If the design capacity of the facility is less than 1
969million gallons per day, the injection well must be at least 90
970feet deep and cased to a minimum depth of 60 feet or to such
971greater cased depth and total well depth as may be required by
972department rule.
973     2.  Except as provided in subparagraph 3. for backup wells,
974if the design capacity of the facility is equal to or greater
975than 1 million gallons per day, each primary injection well must
976be cased to a minimum depth of 2,000 feet or to such greater
977depth as may be required by department rule.
978     3.  If an injection well is used as a backup to a primary
979injection well, the following conditions apply:
980     a.  The backup well may be used only when the primary
981injection well is out of service because of equipment failure,
982power failure, or the need for mechanical integrity testing or
983repair;
984     b.  The backup well may not be used for more than a total
985of 500 hours during any 5-year period unless specifically
986authorized in writing by the department;
987     c.  The backup well must be at least 90 feet deep and cased
988to a minimum depth of 60 feet, or to such greater cased depth
989and total well depth as may be required by department rule; and
990     d.  Fluid injected into the backup well must meet the
991requirements of paragraph (d).
992     (f)  The requirements of paragraphs (d) and (e) do not
993apply to:
994     1.  Class I injection wells as defined by department rule,
995including any authorized mechanical integrity tests;
996     2.  Authorized mechanical integrity tests associated with
997Class V wells as defined by department rule; or
998     3.  The following types of reuse systems authorized by
999department rule:
1000     a.  Slow-rate land application systems;
1001     b.  Industrial uses of reclaimed water; and
1002     c.  Use of reclaimed water for toilet flushing, fire
1003protection, vehicle washing, construction dust control, and
1004decorative water features.
1005
1006However, disposal systems serving as backups to reuse systems
1007must comply with the other provisions of this subsection.
1008     (g)  For wastewater treatment facilities in operation as of
1009July 1, 2010, which are located within areas to be served by
1010Monroe County, municipalities in Monroe County, or those special
1011districts established for the purpose of collection,
1012transmission, treatment, or disposal of sewage but which are
1013owned by other entities, the requirements of paragraphs (d) and
1014(e) do not apply until January 1, 2016. Wastewater operating
1015permits issued pursuant to this chapter and in effect for these
1016facilities as of June 30, 2010, are extended until December 31,
10172015, or until the facility is connected to a local government
1018central wastewater system, whichever occurs first. Wastewater
1019treatment facilities in operation after December 31, 2015, must
1020comply with the treatment and disposal requirements of this
1021subsection and department rules.
1022     (h)  If it is demonstrated that a discharge, even if the
1023discharge is otherwise in compliance with this subsection, will
1024cause or contribute to a violation of state water quality
1025standards, the department shall:
1026     1.  Require more stringent effluent limitations;
1027     2.  Order the point or method of discharge changed;
1028     3.  Limit the duration or volume of the discharge; or
1029     4.  Prohibit the discharge.
1030     (i)  All sewage treatment facilities must monitor effluent
1031for total nitrogen and total phosphorus concentration as
1032required by department rule.
1033     (j)  The department shall require the levels of operator
1034certification and staffing necessary to ensure proper operation
1035and maintenance of sewage facilities.
1036     (k)  The department may adopt rules necessary to carry out
1037this subsection.
1038     (l)  The county, each municipality, and those special
1039districts established for the purpose of collection,
1040transmission, treatment, or disposal of sewage may require
1041connecting wastewater treatment facilities owned by other
1042entities to a central sewer system within 30 days after notice
1043of availability of service.
1044     Section 5.  Section 4 of chapter 99-395, Laws of Florida,
1045as amended by section 6 of chapter 2006-223, Laws of Florida;
1046section 5 of chapter 99-395, Laws of Florida; and section 6 of
1047chapter 99-395, Laws of Florida, as amended by section 1 of
1048chapter 2001-337 and section 1 of chapter 2004-455, Laws of
1049Florida, are repealed.
1050     Section 6.  This act shall take effect upon becoming a law.


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