The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: CS/CS/SB 856
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommittee on
Agriculture, Environment, and General Government); Environment and Natural
Resources Committee; and Senators Brodeur and Rodrigues
SUBJECT: Private Provider Inspections of Onsite Sewage Treatment and Disposal Systems
DATE: February 25, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Collazo Rogers EN Fav/CS
2. Reagan Betta AEG Recommend: Fav/CS
3. Reagan Sadberry AP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 856 authorizes the owner (or an authorized contractor) of an onsite sewage treatment
and disposal system (OSTDS) to hire a private provider to inspect the OSTDS.
The bill provides that an inspection of an OSTDS may not be conducted by private provider or
the authorized representative of the private provider that installed the OSTDS.
The bill provides that OSTDS inspections may only be performed by a private provider (or an
authorized representative) and identifies the qualifications to be a private provider.
The bill requires an owner or an authorized contractor using a private provider for an OSTDS
inspection to provide notice to the DEP within certain timeframes before the first scheduled
inspection by the DEP. It also prescribes what information the notice must include, including
information regarding the private provider and an owner acknowledgment in a form specified in
the bill.
The bill authorizes the DEP to audit up to 25 percent of private providers each year to ensure the
accurate performance of OSTDS inspections by a private provider, this provision does not,
however, prevent the DEP from investigating complaints. Work on a building, a structure, or an
OSTDS may proceed after inspection and approval by a private provider if the owner or
authorized contractor has given notice of the inspection as described in the bill and, subsequent
BILL: CS/CS/SB 856 Page 2
to such inspection and approval, such work may not be delayed for completion of an inspection
audit by the DEP unless deficiencies are found in the audit.
The bill requires the DEP to submit a report to the President of the Senate and the Speaker of the
House of Representatives reviewing the use of private providers to perform OSTDS inspections
by October 1, 2023.
The bill requires the DEP to adopt rules to implement the bill and to initiate the rulemaking
process by August 31, 2022.
The bill may result in reduced revenues to the DEP due to reduced inspection fees that would
now be collected by private providers.
II. Present Situation:
Onsite Sewage Treatment and Disposal Systems
OSTDSs, commonly referred to as “septic systems,” generally consist of two basic parts: the
septic tank and the drainfield.1 Waste from toilets, sinks, washing machines, and showers flows
through a pipe into the septic tank, where anaerobic bacteria break the solids into a liquid form.
The liquid portion of the wastewater flows into the drainfield, which is generally a series of
perforated pipes or panels surrounded by lightweight materials such as gravel or Styrofoam. The
drainfield provides a secondary treatment where aerobic bacteria continue deactivating the
germs. The drainfield also provides filtration of the wastewater, as gravity draws the water down
through the soil layers.2
1
Department of Health (DOH), Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-
services/environmental-health/onsite-sewage-disposal/septic-information-and-care.html (last visited Nov. 18, 2021);
Environmental Protection Agency, Types of Septic Systems, https://www.epa.gov/septic/types-septic-systems (last visited
Nov. 18, 2021) (showing the graphic provided in the analysis).
2
Id.
BILL: CS/CS/SB 856 Page 3
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for
30 percent of the state’s population.3 In Florida, development in some areas is dependent on
OSTDSs due to the cost and time it takes to install central sewer systems.4 For example, in rural
areas and low-density developments, central sewer systems are not cost-effective. Less than one
percent of OSTDSs in Florida are actively managed under operating permits and maintenance
agreements.5 The remainder of systems are generally serviced only when they fail, often leading
to costly repairs that could have been avoided with routine maintenance.6
The Clean Waterways Act transferred the Onsite Sewage Program from the Department of
Health (DOH) to the DEP, effective July 1, 2021.7 Accordingly, as of July 1, 2021, the DEP has
assumed responsibility for conducting inspections associated with the construction, installation,
maintenance, modification, abandonment, operation, use, or repair of OSTDSs for residences and
certain other establishments.8
DEP Inspections for Construction, Alteration, and Abandonment of OSTDSs
Regarding the installation or construction of OSTDSs, the DEP’s Onsite Sewage Program
regulations provide that, before covering an OSTDS with earth and before placing an OSTDS
into service, a person installing or constructing any portion of an OSTDS must notify the DEP of
the completion of construction activities and must have the system inspected by the DEP for
compliance with applicable regulatory requirements, except for repair installations, which may
be inspected by either the DEP or a master septic tank contractor under certain conditions.9
If an owner or an owner’s authorized representative is proposing alterations to an existing and
prior-approved OSTDS that will modify its sewage characteristics or increase sewage flow, the
owner or authorized representative is required to apply for and receive reapproval of the OSTDS
by the DEP prior to any alteration of the OSTDS. The owner or authorized representative must
first have all system tanks pumped by a permitted septage disposal service, then have either a
registered septic tank contractor, state-licensed plumber, person certified under s. 381.0101, F.S.,
or a master tank contractor determine the tank volume and perform a visual tank inspection to
detect any observable defects or leaks in the tank. The person performing the inspection must
submit the results of the inspection to the DEP.10
3
DOH, Onsite Sewage, http://www.floridahealth.gov/environmental-health/onsite-sewage/index.html (last visited
Nov. 18, 2021).
4
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, § 1.0
(Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-
sewage/research/_documents/rrac/2008-11-06.pdf (last visited Nov. 18, 2021). The report begins on page 56 of the PDF.
5
Id.
6
Id.
7
Chapter 2020-150, s. 2, Laws of Fla.
8
Section 381.0065(3)(b), F.S. Although the Department of Environmental Protection (DEP) is now responsible for the Onsite
Sewage Program, the DEP and the DOH have agreed that county health departments should continue to have a role in the
inspection, permitting, and tracking of OSTDSs, under the direction of DEP. See DOH and DEP, Interagency Agreement
between Florida Department of Environmental Protection and Florida Department of Health in Compliance with Florida’s
Clean Waterways Act for Transfer of the Onsite Sewage Program, available at http://www.floridahealth.gov/environmental-
health/onsite-sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf (last visited
Nov. 18, 2021).
9
Fla. Admin. Code R. 62-6.003(2), (3).
10
Fla. Admin. Code R. 62-6.001(4), (4)(b), (5).
BILL: CS/CS/SB 856 Page 4
Whenever an owner or the owner’s authorized representative wishes to abandon an OSTDS, the
owner or the representative must apply for a permit from the DEP to abandon the OSTDS and
submit the required fee.11 Upon receiving a permit, the tank must be pumped out by a permitted
septage disposal company, unless the tank is already empty and dry, in which case a written
statement to that effect must be provided to the DEP. The bottom of the tank must then be
opened or ruptured, or the entire tank collapsed, so as to prevent the tank from retaining water.
The tank must also be filled with clean sand or other suitable material and completely covered
with soil. The DEP or the local utility or plumbing authority performing the system abandonment
must then perform an inspection of the system abandonment.12
The DEP maintains a schedule of fees, including inspection fees, for the services it provides.13
Periodic Evaluation and Assessment of Onsite Sewage Treatment and Disposal Systems
A county or municipality that contains a first magnitude spring must, and any county or
municipality that does not contain a first magnitude spring may, develop and adopt by local
ordinance an OSTDS evaluation and assessment program meeting the requirements of state
law.14 There are exceptions. If a county or municipality that contains a first magnitude spring has
already adopted an OSTDS evaluation and assessment program, and it meets the grandfathering
provisions of the statute, it is exempt from the requirement.15 The governing body of a local
government can also choose to opt out of the requirement by adopting a resolution by a
60 percent vote that indicates an intent to not adopt an OSTDS evaluation and assessment
program.16
If adopted, the OSTDS evaluation and assessment program requires that each OSTDS within all
or part of the county’s or municipality’s jurisdiction be evaluated once every five years to assess
the fundamental operational condition of the system and to identify system failures.17
Evaluations must be performed by a qualified contractor, who may be a septic tank contractor or
master septic tank contractor registered under state law; a professional engineer having
wastewater treatment system experience and licensed under state law; or an environmental health
professional certified under state law in the area of OSTDS evaluation.18 Evaluations and pump-
outs may also be performed by an authorized employee working under the supervision of one of
these individuals.19
The county or municipality adopting the OSTDS evaluation and assessment program may
develop a reasonable fee schedule in consultation with the county health department. Fees are
11
Fla. Admin. Code R. 62-6.011(2)(a). However, permitting is not necessary if a local utility or local plumbing authority
performs a system abandonment program that includes completion of the other steps identified in the rule. Fla. Admin. Code
R. 62-6.011(3).
12
Fla. Admin. Code R. 62-6.011(2).
13
Fla. Admin. Code R. 62-6.030.
14
Section 381.00651(2), F.S.
15
Id.
16
Id.
17
Section 381.00651(6)(a), F.S.
18
Section 381.00651(6)(b), F.S.
19
Id.
BILL: CS/CS/SB 856 Page 5
assessed to the system owner during the inspection and separately identified on the invoice of the
qualified contractor. Fees are then remitted by the qualified contractor to the county health
department.20
III. Effect of Proposed Changes:
Section 1 amends s. 381.0065, F.S., to authorize – notwithstanding any other law, ordinance, or
policy – the owner of an OSTDS, or a contractor upon the owner’s written authorization, to hire
a private provider to perform an inspection of the owner’s OSTDS.
The bill provides that an inspection of an OSTDS may not be conducted by the private provider
or authorized representative of the private provider that installed the OSTDS.
The bill provides that OSTDS inspections may only be performed by a private provider, or an
authorized representative of a private provider, who is:
 An environmental health professional certified in accordance with state law;
 A master septic tank contractor registered in accordance with state law;
 A professional engineer licensed in accordance with state law, who has passed all parts of the
Onsite Sewage Treatment Disposal System Accelerated Certification Training; or
 A person who is working under the supervision of a licensed professional engineer and who
has passed all parts of the Onsite Sewage Treatment Disposal System Accelerated
Certification Training.
The bill requires an owner or an authorized contractor using a private provider for an OSTDS
inspection to provide notice to the DEP at the time of the permit application or by 2 p.m. local
time, two business days before the first scheduled inspection by the DEP. The notice must
include all of the following information:
 For each private provider or authorized representative performing the inspection:
o Name and firm name, address, telephone number, and e-mail address;
o Professional license or certification number; and
o Qualification statement or resume.
 An acknowledgment from the owner in substantially the following form:
“I have elected to use one or more private providers to perform an
onsite sewage treatment and disposal system inspection that is the
subject of the enclosed permit application. I understand that the
department may not perform the required onsite sewage treatment
and disposal system inspection to determine compliance with the
applicable codes, except to the extent authorized by law. Instead,
the inspection will be performed by the licensed or certified private
provider identified in the application. By executing this form, I
acknowledge that I have made inquiry regarding the competence of
the licensed or certified private provider and am satisfied that my
interests are adequately protected. I agree to indemnify, defend,
and hold harmless the department from any claims arising from my
20
Section 381.00651(8), F.S.
BILL: CS/CS/SB 856 Page 6
use of the licensed or certified private provider identified in the
application to perform the onsite sewage treatment and disposal
system inspection that is the subject of the enclosed permit
application. Additionally, I understand that in the event the onsite
sewage treatment and disposal system does not comply with
applicable rules and law, I will be responsible for remediating the
system in accordance with existing law.”
Moreover, if an owner or authorized contractor makes any changes to the listed private provider
or the service to be performed by the private provider, the owner or the authorized contractor
must update the notice to reflect the change within one business day after the change. The
change of an authorized representative identified in the permit application does not require a
revision of the permit and the DEP may not charge a fee for making such change.
The bill authorizes the DEP to audit up to 25 percent of private providers each year to ensure the
accurate performance of OSTDS inspections. Work on an OSTDS may proceed after inspection
and approval by a private provider if the owner or authorized contractor has given notice of the
inspection as described in the bill and, subsequent to such inspection and approval, such work
may not be delayed for completion of an inspection audit by the DEP unless deficiencies are
found in the audit.
The bill provides that OSTDS private provider inspection regulations do not prevent the DEP
from investigating complaints.
The bill provides, that by October 1, 2023, the DEP shall submit a report to the President of the
Senate and the Speaker of the House of Representatives reviewing the use of private providers to
perform OSTDS inspections. The report must include, at a minimum, the number of inspections
performed by private providers.
The bill requires that the DEP adopt rules to implement the bill and th