Agenda 06/14/2011 Item # 9E
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6/14/2011 Item 9.E.
EXECUTIVE SUMMARY
Recommendation to approve a Resolution of the Board of County Commissioners of
Collier County, Florida, expressing opposition to provisions in Senate BiII 550 passed in
2010 requiring statewide septic tank inspections
OBJECTIVE: For the Collier County Board of County Commissioners (BCC) to review and
approve the attached Resolution, which opposes Senate Bill 550 (attached), Relating to
Environmental Protection, that passed. in 2010 and includes provisions mandating property
owners hav~ inspections of their on-site sewage treatment and disposal systems every five (5)
years statewide.
An attempt to repeal SB 550 in the 2011 Legislative Session failed. However, in November
2010, during a special session of the Florida Legislature, the septic tank program effective
date of January 1,2011 was changed to July 1,2011.
The .Resolution to repeal SB 550, once reviewed and approved by the BCC, will be
transmitted to members of the Collier County Legislative Delegation and the Florida
Association of Counties.
CONSIDERATION:' Amending Florida Statute 381.0065, SB- 550 was originally intended
to affect properties with septic tanks near Florida springs, however the bill changed through
the legislative process to cover all properties with septic tanks anywhere in the State of
Florida. The end result includes septic tank provisions that create in~pection, maintenance,
repair and replacement requirements.
The BCC supports the protection of springs and strict regulation of septic tanks located in .
close proximity to springs in other parts of the state, however Collier Commissioners also
recognize that springs near residences is not an issue within Collier County's 2,025.34 square
miles.
The BCC is very concerned during this economic downturn, when unemployment continues
to be high and foreclosures remain a predominant issue, that its citizens' priorities are food
and shelter for their families.
At this time, the Collier Commission encourages the Florida Legislature to reconsider SB
550 or at least repeal the septic tank. provisions.
FISCAL IMPACT: There is no fiscal impact associated with this executive summary.
LEGAL CONSIDERATIONS: Tbis item has been reviewed by the County Attorney's
Office, does not present a legal issue and only requires a majority vote for Board
approval-SR T.
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6/14/2011 Item 9.E.
GROWTH MANAGEMENT IMP ACT: There IS no growth management impact
associated with this executive summary.
RECOMMENDATION: That the Board of County Commissioners approves the
Resolution opposing Senate Bill 550, Relating to Environmental Protection, specifically due
to its septic tank provisions, and the Commission Chairman. on behalf of the BeC writes a
letter to accompany the Resolution to the Collier County Legislative Delegation and the
Florida Association of Counties.
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6/14/2011 Item 9.E.
COLLIER COUNTY
Board of County Commissioners
Item Number: 9.E.
Item Summary: Recommendation to approve a Resolution of the Board of County
Commissioners of Collier County, Florida, expressing opposition to provisions in Senate Bill 550
passed in 2010 requiring statewide septic tank inspections. (Commissione~ Henning)
Meeting Date: 6/14/2011
Prepared By
Name: Evelyn Prieto
Title: Executive Aide to the BCC,
6/2/2011 12:35:34 PM
Approved By
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 6/6/2011 9:43:31 AM
Name: SheffieldMichael
Title: Manager-Business Operations, CMO
Date: 6/6/2011 1:08:20 PM
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6/14/2011 Item 9.E.
RESOLUTION No. 2011-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, OPPOSING THE STATEWIDE
APPLICATION OF SEPTIC TANK ~SPECTION AND REPLACEMENT
REQUIREMENTS ONCE EVERY FIVE YEARS PURSUANT TO
SENATE BILL 550 OF 2010, WHICH AMENDED FLORIDA STATUTE
381.0065
WHEREAS, the Board of County Commissioners of Collier County, Florida, is aware
that Senate Bill 550 passed the Florida Legislature during the 2010 Legislative Session,
amending Florida Statute 381.0065; and
WHEREAS, Governor C~lie Crist -signed SB 550 into law' following the 2010
Legislative Session; and
WHEREAS, one provision of SB 550 is to require homeowners to have their on-site
sewage treatment and disposal system inspected at least once every five (5) years; and
WHEREAS, the Health Department operated by the State of Florida was to oversee the
program, collect fees, perform inspections and require compliance~ However, following the 2011
Legislative Session, the Health Department was . only tasked under the administration of new
-. Governor Rick Scott with cC!mpleting its nlitI:ients study.pursuant to SB.550; and
WHEREAS, SB 550, which includes a septic tank provision that creates inspection,
maintenance, repair and replacement requirements originally intended to affect properties with
septic tanks near Florida springs, however the bill. changed in the course of the legislative
process in 2010 to cover all properties with. septic tanks anywhere in the State of Florida; and
WHEREAS, the Collier County Commission supports the protection of springs and strict
regulation of septic tanks located in close proximity to springs in other parts of the state,
however Collier Commissioners also recognize that springs near residences is not an issue within
Collier County's 2,025.34 square miles; and
WHEREAS, Collier County does not believe it is appropriate to impose the same strict
regulation of septic tanks throughout Florida, especially because septic tanks are far removed
from springs and have no impact on them; and
WHEREAS, Collier County is very concerned during this economic downturn when
unemployment continues to be high and foreclosures remain a predominant issue that its
citizens' priorities are food and shelter for their families; and
WHEREAS, the requirements of this amendment to Florida Statute 381.0065 places an
unreasonable monetary burden on septic tank owners; and
WHEREAS, there are current regulations in place for an on-site sewage treatment and
disposal system for owners to abide by in case of a failure' of their systems; and
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6/14/2011 Item 9.E.
WHEREAS, C.ollier C.ommissi.oners express c.oncern that the financial impact .of such
strict regulati.on .of septic tanks where inspecti.on fees and septic tank replacement costs can be
substantial may result in an additi.onal burden .on already anxiety-ridden homeowners wh.ose e
septic tanks have n.o impact on springs, the .original intent .of the legislati.on; and
WHEREAS, C.ollier C.ounty urges the Florida Legislature during its 2012 Legislative
Session which c.ommfmces January 1O,20i2 t.o delay .or repeal in entirety septic tank mandates
of SB 550 untillegislat.ors have an .opportunity to reconsider the bill thr.ough discussi.on and
deliberation in the appropriate legislative committees; and
WHEREAS, Collier County feels strongly that elected officials should be especially
cautious about imposing unnecessary burdens .on home ownership, and the Collier C.ounty
Commission would like to see SB 550 repealed in entirety ,.or at least the septic tank provisions.
NOW THEREFORE, BE IT RESOLVED the Board of County Commissioners of
Collier County, Florida, expresses its strong oppositi.on to the implementation .of the septic tank
inspection, repair and replacement requirements statewide. .
This Resolution ad.opted after motion, sec.ond, and majority vote favopng same, this f4th
day of June, 2011.
ATTEST:
DWIGHT E. BROCK., CLERK
, BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
e
By:
Fred w~ Coyle, Chairman
, Deputy Clerk
Approved as to f.orm and legal sufficiency:
~W ~~l
Scott R. Teach
Deputy County Attorney
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6/14/2011 Item 9.E.
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SANTA ROSA COUN'1Y
BOARD OF CO:MMISSIONERS
Santa Rosa Administrative Offices
6495 Caroline Street, Suite M
Milton, Florida 32S,!O-CS92
.JIM WILLIAMSON, DiSlrict 1
ROBERT A. "BOB" COLE, District 2
W. D. "DON" SALTER, District 3
GORDON GOODIN, Dislrict 4
R. LANE LYNCRARD. Dimict 5
HUNTER WALKER, County Administrator
THOMAS V. DANNHEISSER, CounlY Attorney
JOEL D. HANIFORD, OMB Di~r
August 26. 2010
Honorable Charlie Crist
Governor of Florida
Plaza Level 05, The Capitol
400 South Monroe Street
Tallahassee. FL ~2399-0001
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Dear Governor:
At the August 12. 2010 meeting the Santa Rosa County Board of Commissioners nmmimously voted
to oppose Senate Bill 550 requiring periodic inspections of septic systems. The Board believes this bill
will impose excessive an~ unnecessary costs to over 80,000 Santa Rosa County residents with fully
functional septic systems. Given the current economy our residents do not need yet another cost
forced upon them by the government, be it Federal, St8.te or Local.
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Since December of2000 Santa Rosa County has operated under Ordinance 2000-22, which requires
inspection by the Department of Health of on-site septic systems whenever a property is sold or
conveyed. In addition to this inspection requirement, Ordinance 2000-22 limits the placement of
septic systems in certain wetland areas and within certain proximity to water bodies.
Furthermore, the aforementioned ordinance was adopted by Santa Rosa County after extensive public
debate. The Board solicited and received input from State and Federal resources on available soil
classifications and the effectiveness of septic systems within those classifications. Senate Bill 550
imposes the onerous inspection requirement without taking soil type or geological differences into
account. There are marked differences between the soil and geological conditions existing throughout
our state, and one size does not fit all.
Please reconsider this legislation which imposes unnecessary regulation and expense on Santa Rosa
Co . s.
S'
eWHW
(850--983-1877 Voice. 850-983-1856 Fax .. bttp:Hwww.amarosLflgov)
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6/14/2011 Item 9.E.
RESOLUTION 2010-JJ/A.-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF TAYLOR COUNTY,' FLORIDA EXPRESSING STONG
OPPOSITION TO THE STATEWIDE APPL.ICATION OF NEW
SEPTIC . . TANK INSPECTION AND REPLACEMENT
REQUIREMENTSj PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, Taylor County possesses the home rule
authority granted in the Florida Constitution and Rorida Statutes to
exercise the broad powers of self-government; and
WHEREAS, S8 550, which' 'creates new septic tank
maintenance and inspection requirements, was originally intended to
affect those properties with septic tanks in close proximity to Florida's
springs but was changed durin.g the legisl~tive process to cover all.
properties with septic tanks wherever IO'cated within the state; and
. WHEREAS, the Taylor County Board of County
Commissioners supports the protection of springs and supports strict
regulation of septic tanks located close to springs; and
WHEREAS, local governments' exercise of its legislative
and quasi-judicial powers provides the appropriate mechanism to
address these issues within a county; and
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WHEREAS, Taylor County Board of County Commissioners
does not believe it appropriate to impose the same strict regulation of
septic tanks throughout Taylor County, even to those septic tanks
that are far removed from springs and have no impact on them; and
WHEREAS, Taylor County is very concerned about the
economic impact of such strict regulation of septic tanks where
annual inspection fees and septic tank replacement costs can be
substantial and will result in an unnecessary burden on homeowners
whose septic tanks have no impact on springs; and
WHEREAS, the State should be especially cautious
imposing unnecessary burdens on home owners and those desiring
to purchase a home during the serious economic downturn that our
residents are facing.
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6/14/2011 Item 9.E.
NOW THeREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF TAYLOR COUNTY THAT:
1. The Taylor County Board of County Commissioners
strongly opposes the implementation of the new septic tank
maintenance and inspection requirements outside of springs
protection areas.
2. The Taylor County Board of County Commissioners
requests that the Governor and Department of Health delay' the
implementation of the new septic ta~k maintenance and inspection
requirements until such time as the Legislature has an opportunity to
. reconsider this iII-advise9 legislation.
3. Upon adoption, the Clerk of the Court as Ex-Officio
Clerk to the Board of County Commissioner~ to send a copy of this
Resolution to Charlie Crist, Governor, to Ana M. Viamonte Ros, M.D.,
State Surgeon General. and head of the. Florida Department of
Health, to the County'.s legislative delegation, the Florida Association
of Counties, and the Small County's Coalition. .
DULY ADOPTED this the 1 st day of November, 2010.
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Taylor County Board of
91/J?J!lJ3:rs
Mark Wiggins, Chair
Attest:
~~~~VhuJ{rn~
Annie Mae Murphy, C erk
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RESOLUTION i#201~ l3>
6/14/2011 Item 9.E.
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WHEREAS.. the Bonrd OfCoUilly COnlnlissionersofWdlton Connt)'. florid a is
nwaro tlUll Senate Bm 550 passed the Flarida l~~i:diilurc during the 2010 Legislative
session, amending FIOlidn Slanne381.0065; :mcJ .
WHEREAS: the Honomble Governor Cbariie ChrisL.signed SB 5S0inlo law after
the 2010 Lcgislntivc session; nnd
WHEREAS,one provision ofSS 550 is turcquire homeowners to have. their
onsite s~wnge Ireahl}cnt and disposal systctl1 inspected as .letlst once. every five (5) yent'S;
and
WHEREAS. .the.locnl health depnrlmcnt opcrnted by the Slate of Florida wilt
oversee the. program. -coUcct fees. p~rfoml inspections nud require cOnlpJiancc;and.
\\'HEREAS; th~ rcquiremCl1fS of Ulis nmendmcllt to F.S. 3&1.0065. .places nn
'unreasonahle mone~1l"Y burdcu on tbe owners ofonsite sewage.treatment nod disposal
systems; lInd .
Wl-ffiREA&, there are current mgulnlil?ns in place. for nn 9l!sile sewage trcc,tment
:md disposnl system for owners to abide by in case of a fuilure of their ~ysten'; anu
WHERF.AS, this amendment ofl,.S; )&1.006S becomes cftc~1ivc July 1. 20 13~
nnd
WHERF~S. Walton ColUlty is stin a very rurnlnrell with tbe majority onts single
fan1i1y homc.~. small businesses amUocnl churches depending Oil ollsitesewnge l1'C8tn\l~nt
aud disposalsysten\S; and
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WHEREAS: the feest lankpl1n1p-OUI cost tUld inspeotions willplnce a hardship'Oll
mosl of Walton County's rural residents, when there' is 110 local issue -\\it1>>u lht."Se areas.
NOW THEREJi'ORE BE IT RESOL VED~ _hat the \V81toll CO.U1UY Bo~\{d of
County Commissionel'S request that the Honol1lblc_ Governor Of1h~. State of Florida lInd
Walton Counly1sLc:gislaLive 'Delegation lnkc.tiicnecessary legislntive sellon to l~scind
thcamendmcnt to F.S. 3Rl~006S concemingthe periodic inspection ofousit~ se~ge
lrcittm~nl and disposal systems. -
DULY ADOPTED this 24th dllY or AugusC20J o.
nOARD OF COUNTY C9MM1SSIONERS
~Al.rTON COUNTYs FLORIDA
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6/14/2011 Item 9.E.
Resolution 201 D-R- 248 .
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RESOLUTION
l:HE' FOLLOWING, RESOLUTION WAS ADOPTED AT THE
REGULAR MEETING. OF THE BOARD OF COUNTY
COMMISSIONERS OF SEMINOLE COUNTY, FLORIDA ON THE
9TH DAY OF NOVEMBER 2010.
WHEREAS, Senate Bifl550 became effective on June 4,2010, which Jaw directs the
Florida Department of Health to create and administeI: a state-wide fIVe year cycle septic tank
evaluation program; and '
WHEREAS, as part of the septic tank evaluation program, citizens with on-site sewage
disposal systems, regar.dless of location, will be forced to have their septic tanks inspected and
periodically pumped out at a minimum of every fIVe years with all costs of such inspections and
pump-outs being the responsibility of the septic tank owner,and
WHEREAS, Seminole County is very concerned about the economic impact of such
strict regulation of septic tanks where annual inspection fees and septic tank replacement costs
can be substantial and.will result in an unnecessary, burden on homeowners; and
WHEREAS, a significant number of private residents in Seminole County utifize septic
,tanks; and
WHEREAS, . the Florida Legislature should be cautious about imposing unnecessary
burdens on home ownership and home sales during this sei-ious downturn in real estate actMty;
and
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WHEREAS, the Florida Legislature has the means to delay the implementation of the
septic tank provisions of Senate Bill 550; and
NOW, THEREFORE BE IT RESOLVED, that the Seminole County Commission
supports and endorses efforts in the Florida Legislature to delay or repeal implementation of the
septic tank mandates of Senate Bill 550 until the Legislature has an opportunity to reconsider
the bill by placing on the agenda of the appropriate legiSlative committees in the 2011 legislative
session for floor aelion to repeal in whole or in part portions of Senate Bill 550 that compels
Florida citizens to have their septic tank systems inspected and pumped out or reconstructed.
BE IT FURTHER RESOLVED that this Resolution be spread upon the Official Minutes
by the Clerk of the Circuit Court in and for the County of Seminole and be sent to the Governor
on behalf of the Board of County Commissioners and the citizens of Seminole County, Florida.
ADOPTED, this 9th day of November 2010.
A.U,)..U,kA.I.J...U .L.......U....'ul
ArreST:
pqj'-
gob Dallari, Chairman
Board of County Commissioners
e, Clerk to the Board of
County C ssioners in and for the
County 0 S fninole. State of Florida
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6/14/2011 Item 9.E.
RESOLUTION # 2010-7
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
UNION COUNTY, FLORIDA OPPOSING THE STATEWIDE
APPLICATION OF NEW SEPTIC TANK INSPECTION AND
REPLACEMENT REQUIREMENTS; PROVIDING FOR AN EFFECTIVE
DATE
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WHEREAS, SB 550, which creates new septic tank. maintenance and inspection requirements,
was originally intended to affect those properties with septic tanks in close proximity to Florida's
springs, but which was changed in the course of the legislative process to cover all properties
with septic tanks wherever located within the state; and
WHEREAS, the Union County Commission supports the protection of springs and supports
strict regulation of septic tanks located close to springs;-and
WHEREAS, Union County does not believe it is appropriate to impose the same strict
regulation of septic tanks throughout Union County, even to those septic tanks that are far
removed from springs and have no impact on them; and .
WHEREAS, Union County is very concerned about the economic impact of such strict
regulation of septic tanks where annual inspection fees and septic tank replacement costs can be
substantial and will result in an unnecessary burden on homeowners whose septic tanks have no .
impact on springs; and
WHEREAS, the State should be especi~ly cautious about imposing unnecessary burdens on
home ownership and Union County would like to see SB 550 repealed.
NOW THEREFORE, BE IT RESOLVED the Board of County Commissioners of Union
County, Florida, expresses its strong opposition to - the implementation of the new septic tank
maintenance and inspection requirements outside of springs protection areas.
Approved and adopted by said Board of Union County in regular session on this _ day of
2010. -
ATTEST: BOARD OF COUNTY COMMISSIONERS
UNION COUNTY
Regina H. Parrish, Clerk to the Board Karen E. Cossey, Chairman of the Board
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6/14/2011 Item 9.E.
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RESOLUTION #2010-73
WHEREAS, the.Board of County Commissioners of Washington County, Florida is
aware that Senate Bill 550 passed the Florida Legislature during the 2010 Legisl!;ltive
'session, amending Florida Statute 381.0065; and
WHEREAS, the Honorable Governor Charlie Christ signed SB 550 into 'law after
the 2010 Legislative session; and
WHEREAS, one provision of SB 550 is' to require homeowners to have their
onsite sewage treatment and disposal system inspected as least once every five (5) years;
and
WHEREAS. the local health department operated by the State of Florida will
oversee the. program, collect fees, perform inspections and require compliance; and
WHEREAS, the requirements of this amendment to F.S. 381.0065, places an
unreasonable monetary burden on. the owners of onsite sewage treatment and disposal
systems; and
Wl:IEREAS, there are current regulations in place for an onsite sewage treatment
and disposal system. for owners to abide by in case of a failure Of their system; and
.
WHEREAS, this amendment ofF.S381.0065 becomes effective July 1, 2013;
and
WHEREAS~ Washington County is stilla very rural area with the majority ofits single
family homes, small businesses and local churches depending On onsite sewage treatment
and disposal systems; and
WHEREAS, the fees, tank pump"'out cost and inspections will place ,a hardship on
most of Washington County's rural residents, when there is no real issue within these areas.
NOW THEREFORE BE IT RESOLVED, that the Washington County Board of
County Commissioners request that the Honorable Governor of the State of Florida and
Wasbington County's Legislative Delegation take the necessary legislative action to rescind
the amendment to F .S. 381.0065 concerning the periodic inspection ofonsite sewage
trea1ment and disposal systems.
DULY ADOPT~D this 26th day of August 2010.
BOARD OF
WAS
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prCle k I' LINDA HAYES COOK, Clerk . e' ~it Court
ashingtonCountyJ Florida
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BY
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