HB 199 - Onsite Sewage Treatment and Disposal Systems
December 12, 2011 - Onsite Sewage Treatment and Disposal Systems House Bill 999 was filed today. We will post committee assignments once they have been made. Click on the link above for a copy of the full bill text.
November 3, 2011 - Senate Bill 820 was filed today by Senator Dean - Onsite Sewage Treatment and Disposal Systems:Providing for any permit issued and approved by the Department of Health for the installation, modification, or repair of an onsite sewage treatment and disposal system to transfer with the title of the property; providing circumstances in which an onsite sewage treatment and disposal system is not considered abandoned; providing for the validity of an onsite sewage treatment and disposal system permit if rules change before final approval of the constructed system; providing that a system modification, replacement, or upgrade is not required unless a bedroom is added to a single-family home; requiring that the department provide certain guidance and technical assistance to a county or municipality upon request, etc. Click on the link below to view the bill in its entirety.
There are also identical bills in the House and Senate filed by Rep. Drake and Sen. Hays to repeal the legislation passed in the 2011 session that bans the land application of septage starting in 2016. Click the links below to view these bills in their entirety.
The Legislature will convene on January 10 for 60 days.The session starts 60 days earlier than prior years in order for the Legislature to work on redrawing legislative and congressional district lines prior to the start of the election season in early summer. Due to the earlier start date, legislative committee meetings started in August, and the Legislature is currently discussing bills and the budget.The Legislature will hold three more committee weeks before the session:October 31, November 14 and December 5.
In meetings with the legislative leadership, they predicted that the redistricting process along with the budget deliberations will take up most of the Legislature's time.While these are two huge issues, it is expected that Governor Scott will have a few priorities of his own, especially in the areas of PIP fraud, foreclosures and further tax relief.Governor Scott's budget is expected to be released in December, at least 30 days before the session commences.
FOWA had a great Legislative Day on October 6.FOWA members met with over 25 legislators, industry stakeholders and the Department of Health Bureau of Onsite Sewage.Thank you to those members who attended meetings!Your time was well spent, as you helped FOWA get off to a great start.
FOWA is working on two important issues this year.The first issue deals with onsite evaluations.This issue will be addressed in bills sponsored by Senator Charlie Dean (R-Inverness) and Representative Chris Dorworth (R-Lake Mary).The bills will repeal the onsite provisions in SB 550 and replace those onerous provisions with a model onsite evaluation ordinance that is voluntary for local government.The bills should be released from bill drafting soon.The second issue is the ban on the land application of properly treated septage scheduled to take effect in January of 2016.Senator Alan Hays (R-Umatilla) and Representative Brad Drake (R-DeFuniak Springs) are sponsoring SB 558 and HB 115 to repeal the ban.
We anticipate that 2012 will be another busy year for FOWA.We will keep you posted as these issues start to move.
Legislative Interim Committee Week Schedule
To prepare for the 2012 Legislative Session, the Legislature will hold interim committee meetings during the following weeks:
The week of September 19 The week of October 3 The week of October 17 The week of October 31 The week of November 14 The week of December 5
Due to Legislative and Congressional Reapportionment, the 2012 Regular Session will begin on Tuesday, January 10, 2012 and last for 60 days. Reapportionment occurs every 10 years to redraw legislative and congressional district lines.
May 26, 2011 - The governor signed a $69.1 billion budget today and vetoed a historically high number of projects. The nitrogen reduction study was not vetoed, however which is good news for the onsite industry.
Please click the links below for more information:
May 12, 2011 - Please review the following answers to the most frequently asked questions FOWA has been receiving regarding the current status of SB 550. You can also click on the link in the sidebar to the right of your screen for an End of Legislative Session Summary.
Answers to Your Questions Regarding the Current Status of SB 550 – May 12, 2011
Q:“Will SB 550 be implemented on July 1, 2011 since it did not get repealed?”
A:No.Even though SB 550 did not get repealed during this year’s legislative session and the implementation date was delayed from January 1, 2011, to July 1, 2011, the Legislature’s new requirements for approval by the Legislative Budget Commission (LBC) will slow the rulemaking process down and delay the implementation date even further.
Q:“Do I still need to schedule training classes for the mandatory inspection program?”
A:No, not at this time. At this point the DOH rule has not been finalized and still has to go through the LBC and possibly be ratified by the Legislature before it can move forward.It is possible that the rule could be stopped in the budget committee or not ratified, which would make these training classes unnecessary. If the DOH rule does get finalized with training requirements, there will be time to schedule and take classes before SB 550 goes into effect.
Q:“Who will be able to conduct the mandatory inspections?”
A:The latest draft language of the DOH rule states that Septic Contractors (Registered & Master), Certified Environmental Health Professionals, and Employees of Septic Contractors or Licensed Professional Engineers, would be eligible after meeting the training requirements; however as previously mentioned, the rule has not been finalized or approved, so nothing is definite, and in fact, may not pass through the Legislative Budget Commission at all.
Q:“What happens if SB 550 does not get approval by the LBC?”
A:The DOH would be required for the rule to be ratified by the Legislature next session due to the financial impact.It is very probable that the issue will be discussed in the Legislature next session.
Q:“Will the ban on land application of treated septage still take effect in 2016?”
A: Yes, although a bill to repeal the ban was passed in the House, it did not get voted on in the Senate during this legislative session. FOWA will continue its work to get the ban removed before 2016 in future legislative sessions.
Q:“What do I need to do to prepare for SB 550?”
A:Even though this year’s legislative session is over, it is important to keep communicating with your representatives to give them input on these important issues and stay abreast of legislative actions.
FOWA will continue to update its members by email, fax or mail, on this website and in its newsletter, The Voice, or you can contact the administrative/business office at 321-363-1590 or admin@fowaonsite.com for the latest information.
May 10, 2011 - FOWA has received a number of emails and phone calls regarding the implementation of SB 550 and concerns regarding taking inspection training classes. There are a number of legislative steps that must be taken before SB 550 can be implemented and it could possibly be next year before it is ratified. We are working closely with legislative experts and will be sending out a summary to all FOWA members and will post on this website as soon as it's available.
May 9, 2011 - FOWA is still working to get accurate and up to date information regarding mandatory septic inspection legislation and will provide details as soon as they are available.
May 3, 2011 - The Florida House passed HB 1479, the bill filed by Rep. Marti Coley that repeals the ban on land spreading septic tank waste. The vote was 85-29.
May 2, 2011 - FOWA members were emailed/faxed information today regarding SB 1698 and asked to contact their Florida Senator to show support of this bill sponsored by Sen. Dean with amendments so that homeowners and businesses are protected from the burdensome regulations from local governments. Click above for an explanation of what the amendments to SB 1698 provide.
April 27, 2011 - The full House will consider HB 1479-Land Application tomorrow. The bill will receive a vote by the full House on Friday. Once the bill passes the House, the bill will head to the Senate for consideration.
April 16, 2011 - The Florida House has voted to repeal SB 550, the mandatory inspection for septic tanks bill, that passed last year. The bill to repeal this legislation (HB 13) was overwhelmingly approved by a 110-3 vote. It will now go to the Senate for consideration. You can click the link to the right of your screen to view a copy of this bill.
March 29, 2011 - SB 1698 will receive its second committee hearing before the Senate Environmental Preservation and Conservation Committee on Wednesday, March 30th at 1:30 p.m. in 110 Senate Office Building. FOWA members, please contact the members of the Senate Environmental Preservation and Conservation Committee and urge their support of SB 1698. (Click on the Talking Points for the Replacement of Controversial Provisions of SB 550 to the right of your screen.)
HB 1479 will receive its next and final committee hearing before the House State Affairs Committee. FOWA members are urged to contact the members of the House State Affairs Committee and encourage their support of HB 1479. It is important to address the environmental concerns, explain the reasons why wastewater plants can’t accommodate the septage if land spreading is banned and how much the ban will cost homeowners. (Click on the Talking Points regarding the support of the removal of the ban on the Land Application of Properly Treated Septage to the right of your screen.)
March 23, 2011 - Please review the budget appropriation for Phase III of the Nitrogen Reduction Study below.The Senate and House both include the funding in their respective budgets.
ENVIRONMENTAL HEALTH SERVICES
SPECIAL CATEGORIES CONTRACTED SERVICES
From the funds in Specific Appropriation ******, $2,725,000 from the Grants and Donations Trust Fund is provided to the department to continue phase II and begin phase III of the study authorized in Specific Appropriation 1682 of chapter 2008-152, Laws of Florida. The required reports shall include recommendations on passive strategies for nitrogen reduction that complement use of conventional onsite wastewater treatment systems. The department shall submit an interim report on May 16, 2012, and a final report upon completion of phase III to the Governor, the President of the Senate and Speaker of the House of Representatives prior to proceeding with any nitrogen reduction activities.
March 21, 2011 Press Release from Governor’s Office --
Governor Scott Names Health Care Leadership Team
Tallahassee, FL – Today, Governor Rick Scott named Dr. Frank Farmer as Florida’s Surgeon General and announced he will retain Liz Dudek as Secretary of the Agency for Health Care Administration (AHCA). As Surgeon General, Dr. Farmer will serve as both Florida's chief medical officer and as Secretary of the Department of Health (DOH).
Dudek currently serves as Interim Secretary and had previously served as Deputy Secretary for Health Quality Assurance, where she managed a staff of six hundred employees responsible for the state licensure and federal certification of health care facilities and service. She has served AHCA in a variety of other leadership roles, including Assistant Deputy Secretary and Bureau Chief of two divisions. Her record of accomplishment at the agency includes cutting cost, increasing efficiency, and cracking down on waste and fraud.
A Florida native, Dr. Farmer has extensive experience in special operations and in the medical corps of the United States Army, Air Force, and Florida National Guard. He has served as a battalion surgeon in the Florida National Guard, as a Flight Surgeon, a bioterrorism consultant to the Air Force, and as Commander of the 919 Special Operations Medical Group. He retired from the Air Force with the rank of Colonel in 2004. Prior to medical school, Dr. Farmer served in Vietnam as a Captain in the Army and is a recipient of the Bronze Star and the Vietnamese Cross of Gallantry.
Dr. Farmer has also had a distinguished civilian medical career. He served as President of the Florida Medical Association from 2001-2002 and currently serves on the Board of Governors for the American College of Physicians, Florida Chapter. From 2006-2007, he served as the Chairman of the Florida Board of Medicine and is a current board member. He has published numerous articles in medical journals and publications. He received his undergraduate degree from Stetson University, a master’s and Ph.D. in history from the University of Georgia, and his medical degree from the Medical College of Georgia.
“Liz is an effective and hard working leader at AHCA, and she will help me reorganize the state’s health care agencies to increase efficiency,” Governor Scott stated. "Dr. Farmer brings an impressive track record of medical leadership to the Department of Health, and he will further the agency's important mission to promote, protect and improve the health of all people in Florida."
March 17, 2011 - House State Affairs met this morning and approved HB 13 by Rep. Marti Coley, which repeals the onsite evaluation program. This was the bill’s final committee hearing. Several legislators asked if there is a proposal in the works that will replace the program. Rep. Coley said yes, and that she is currently working with Rep. Trudi Williams and Senators Charlie Dean and Greg Evers on a less burdensome proposal. FOWA’s lobbying firm, Metz, Husband & Daughton, testified along with a representative from the homebuilders in support of the repeal, but in support of a new program that ensures proper maintenance. Janet Bowman from the Nature Conservancy voiced her opposition of the repeal. Metz, Husband & Daughton spoke with Ms. Bowman and Mr. Scott Dudley with the League of Cities following the meeting and everyone is committed to finding common ground on this issue. Bowman & Dudley are both concerned with the restrictions in the draft amendment on counties. They want counties to have the ability to go beyond the model ordinance and implement more stringent standards if they feel more stringent standards are necessary. All of the groups agree that the state needs a program to ensure maintenance of onsite systems.
Rep. Coley filed a separate bill yesterday that repeals the ban on the land application of properly treated septage for FOWA. The language is in the Senate as well (SB 1698). SB 1698 was filed by Senator Dean.
Hot Topics
·Legislation regarding our Industry is being heard in committees.
§SB 168 by Evers and HB 13 by Coley repeal the onsite evaluation program revisions and keep the land application ban.
§SB 168 will go to the Senate Environmental Committee next.
§HB 13 will go to the House Health Care Appropriations Committee.
§FOWA’s message should be that we want to work with the committees to repeal the current provisions and through another bill create an onsite evaluation program that will save homeowners money by extending the life of their septic tank.
oPoor maintenance is both a health and an environmental concern.
§The implementation of the Onsite Maintenance Program has been officially delayed until
July 1, 2011.
§A FOWA representative has formally requested that the ban on land application be repealed in all committee meetings.
Click the link above to leave the FOWA website and go to the Advocates for Self Government Website to take the "World's Smallest Political Quiz" so you can find out where you fit in on the political map!
January 20, 2011
Statement by Florida Senate Majority Leader Andy Gardiner on Governor allowing Senate Bill 2A to become Law
TALLAHASSEE, Fla. – Senate Majority Leader Andy Gardiner, R-Orlando, released the following statement regarding Governor Rick Scott’s decision to allow Senate Bill 2A to become law:
“I applaud Governor Scott for allowing Senate Bill 2A to become law. This decisive step postpones the implementation of septic tank inspection regulations, enabling lawmakers to analyze whether or not such a mandate is necessary and saving taxpayer dollars in the mean time.
“The septic tank regulations are especially close to home for Northwest Florida residents, and Senators Evers, Dean and Gaetz have been instrumental in addressing concerns and preparing legislation that offers more time to assess such impactful regulation.
“With SB 2A in effect, the implementation of the statewide septic tank inspection requirement is delayed from Jan. 1, to July 1, 2011. This provides us with time to thoroughly vet options and gain feedback from constituents in order to make the most well-informed decisions. I commend the bill’s cosponsors, Senators Gaetz, Negron, Evers, Dean, Detert, Lynn, Storms and Hays for having the foresight to initiate this measure.”
January 19, 2011 - Law Delaying Mandatory Inspections for Septic Systems Goes Into Effect Without Governor's Signature
January 4, 2011 - Newly sworn in Governor Rick Scott signed 4 Executive Orders.
No. 11-01 suspends rulemaking for all agencies that are under his direction and prohibits agencies from promulgating rules without prior approval from the Governor's Office. Scott will be reviewing all state contracts over $1 million and execution of these contracts is suspended for 90 days.
No. 11-02 requires state agencies to check new hires through the E-verify system that checks employment eligibility including immigration status.
No. 11-03 establishes policy on ethics and openness in government.
No. 11-04 reaffirms the Governor's commitment to diversity in government.
November 16, 2010 ~ The delay in implementing SB550 passed in both the House and Senate votes during Florida's Special Legislative Session today. It will now be presented to Governor Crist for his signature. We will keep you posted!
Click the link above to leave the FOWA website and read a November 15th article by Steve Bousquet of the St. Petersburg Times/Herald Tallahassee Bureau which shows the impact of term limits on the legislative process.
LEGISLATIVE UPDATE ON SB550
November 4th, 2010 -- During a press conference today, it was stated that incoming Senate President Mike Haridopolos and incoming House Speaker Dean Cannon will bring up SB 550 during the Special Session on November 16th to delay the implementation date of evaluation program until July 2011 so that the program can be vetted and possibly amended during the Regular Legislative Session.
The following reasons were given for the delay in implementing the program:
Problem: Members of the public have expressed concerns related to the Septic Tank Evaluation Program scheduled to be implemented on January 1, 2011. Concerns include costs to the state to implement the program and costs to property owners required to pay for the required inspections and inspection fees.
Potential Solution: Due to the public's concerns with the program and the rapidly approaching implementation date, it is necessary to extend the implementation date of the program from January 1, 2011, to July 1, 2011. This extension would allow sufficient time to ensure that cost estimates for implementing the program are accurately determined and that the rule is developed to implement the program in the most efficient and cost-effective manner possible. It will also provide the Legislature the opportunity to revisit the issue during the 2011 Legislative Session.
Click on the link above or the wheelbarrow image to leave the FOWA website and go to the Rankin Ledger article about a new app for iPhones and Android users for getting real time soil information from your current location!
FOWA Public Service Announcement
Click the play button below to listen to FOWA's PSA regarding proper septic system maintenance. You can also request a copy by clicking the link below the player.
Link to DOH Website SB550 Info Click here to leave FOWA website and go to the Florida Department of Health website for more information regarding SB550 Mandatory Inspection Program rulemaking.
