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Backup Documents 06/14-15/2011 Item # 9E ~.9 E MEMORANDUM Date: June 17,2011 To: Scott Teach, Deputy County Attorney County Attorney's Office From: Ann Jennejohn, Deputy Clerk Minutes & Records Department Re: Resolution 2011-103: Expressing opposition to provisions in Senate Bill 550 passed in 2010 that requires Statewide septic tank inspections Attached for your records is a copy of resolution referenced above, (Item #9E) adopted by the Board of County Commissioners on Wednesday, June 15,2011. The Minutes and Record's Department will hold the original resolution in the Official Record's of the Board. If you have any questions, please feel free to call me at 252-8406. Thank you. Attachment .9E EXECUTIVE 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 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 have 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 inspection, 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: This 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. " '",,~ .9E .. GROWTH MANAGEMENT IMPACT: 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 BCC writes a letter to accompany the Resolution to the Collier County Legislative Delegation and the Florida Association of Counties. .9E RESOLUTION No. 2011- 103 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, OPPOSING THE STATEWIDE APPLICATION OF SEPTIC TANK INSPECTION 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 Charlie 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 completing its nutrients 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 .9E WHEREAS, Collier Commissioners express concern that the financial impact of such strict regulation of septic tanks where inspection fees and septic tank replacement costs can be substantial may result in an additional burden on already anxiety-ridden homeowners whose septic tanks have no impact on springs, the original intent of the legislation; and WHEREAS, Collier County urges the Florida Legislature during its 2012 Legislative Session which commences January 10, 2012 to delay or repeal in entirety septic tank mandates of SB 550 until legislators have an opportunity to reconsider the bill through discussion 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 County 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 opposition to the implementation of the septic tank inspection, repair and replacement requirements statewide. This Resolution adopted after motion, second, and majority vote favoring same, this 15 th day of June, 2011. ATTEST: DWIGHT E. BROCK" CLERK fo\:,';}~,r;,C' ,:'1/:;. , ','. . ~,. ~ . '" , . . , '. i~.... "'.,\""',,":;,. i '. '. ";.:..~\ . .4 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, By: F~l~~ ScouR'Teach Deputy County Attorney lrem# q~ Agenda (o....t U-t\ Date ~ .9E SANTA ROSA COUN'1Y BOARD OF COMMISSIONERS Santa Rosa Administrative Offices 6495 Caroline Street, Suite M Milton, Florida 32570-4592 JIM WILLIAMSON, District 1 ROBERT A. "BOB" COLE, District 2 W, D, "DON" SALTER, District 3 GORDON GOODIN, District 4 R. LANE LYNCHARD, District 5 HUNTER WALKER, County Administrator THOMAS V. DANNHEISSER, County Attorney JOEL D. HANlFORD, OMB Director August 26, 2010 Honorable Charlie Crist Governor of Florida Plaza Level 05, The Capitol 400 South Monroe Street Tallahassee, FL 32399-0001 Dear Governor: At the August 12,2010 meeting the Santa Rosa County Board of Commissioners unanimously voted to oppose Senate Bill 550 requiring periodic inspections of septic systems. The Board believes this bill will impose excessive and 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, State or Local. 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 Countia s. WHW (850-983-1877 Voice. 850-983-1856 Fu . http://www.santarosa.D.gov) RESOLUTION 2010-* A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF TAYLOR COUNTY, FLORIDA EXPRESSING STONG OPPOSITION TO THE STATEWIDE APPLICATION OF NEW SEPTIC TANK INSPECTION AND REPLACEMENT REQUIREMENTS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Taylor County possesses the home rule authority granted in the Florida Constitution and Florida Statutes to exercise the broad powers of self-government; and 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 was changed during the legislative process to cover all properties with septic tanks wherever located 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 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 OUf residents are facing. Page 1 of 2 .9E ...9E 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 tank maintenance and inspection requirements until such time as the Legislature has an opportunity to reconsider this ill-advised legislation. 3. Upon adoption, the Clerk of the Court as Ex-Officio Clerk to the Board of County Commissioners 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, ~~,~~s~r;r,,~~!I!lfl!,.. ~\\~ N.TV..'t.", tlol>~"''1\} 'Co'\.'~' ... ~\. .."".."'11I '..f',1~:" '~~}. '" .0 coO. (11';' (1. '';''; i' s:. .'OR o~. '{{~ ~ ....t,'. <:s ....\.. . '/~~~ "Z ~ ." . ~'V ~/ . ,J~ ., ~; Q l:r ..~\ tn .tt~ iW cr: :;..~ ~Ij'l 4L -': O'~ 6, <( : (:J.l'.1,d .-<: ...... 1d ~O~ -. :~~ ""', ~. ..-:;. . fJl 0 .~;} .....:(ORiO~...... Co:) ":'~'<f~"J;"".'" Taylor County Board of J/l1"liPyJoners Mark Wiggin~ Attest:~ . ~J.~YhLlJ c.rn~ Annie Mae Murphy, C erk Page 2 of 2 .9E RESOLUTION #2010--e WHEREAS, the Board OfGOlUlty Commisldoners of\Valton COUllty, Florida is llWW'C that Senate Bill 550 passed the 17lol'ida l.t:gi:daturc during the 2010 Legislative session, nmending Florida Sluture 381.0065; :md WHEREAS, the Honomble Governor Charlie Christ signed 3D 550 into Inw Iltter fhe 20 I 0 Legislative session; tlnd \VlLEREAS, one provision of sa 550 is to require homeowners to have theil' onsile sewage Irtatll1cnl nnd disposal syslcminspccted as least once every five (5) yent's; and WHEREAS, the locnl health department operated by the Slate of Florida will oversee the progran~. collect f~e$, perronn inspections :Iud require compliance; and \\flIEREAS, the requirements of tbis amendment to F.S. 381.0065, places nn unreusollable monetary burden on Ihe owners of onsite sewage treatment nod disposal systems; lint) \VI ffiREAS) there are current regulnlion.<: in place for rill onsile sewage lrentmem nnd disposlll system for owners 10 abide by in cnsc o1'a fhilure of their system; ano WHl?RP.AS, this llOumumcnl ofF.S. 381.0065 becomes cftct'tive July 1,2013; flnd WHP.REAS. Wahon CotU1ty is still a very rltl'"Jl nren with the majority ofits single family homes, small busine~se.~ and local churches depending all ol1site sewnge tt'catlnellt and disposal systems; and WHER.EAS, the tees, Wnk pump-ollI cost and inspections will place a hardship 01\ most of Wfllton County's nmd rcsidcntst when there is no real issue within tht."Se areas, NOW THEREJiOlU~ HE IT IU~SOLVEDt Ihat the Wnlton Cotmly Board of County Conunissioners request lbatthe Honorable Governor of the State of Flol'ida unci Walton County's Legislative Delegation tnke the neces..'IDry legislative action to rescind the amemhucl\t to F.S. 381.0065 concerning the periodic inspection of onsite sewage treatment and disposal systems. DUL Y ADOPTED this 24111 dny of August 2010. llOARD OF COUNTY COMM1SSIONERS ... .L:~~;:;:.:L:=~.. Scott kiBrtutnOl.1t€hait1l'HU\. Lc.rN~ \). .\eMS I '" ~u .. c.,~'YIf\(1l'1 ~ . ..1lllI :. mT Il'f: . -=, rev ~;9 E Resolution 2010-R- 248 RESOLUTION- THE 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 Bill 550 became effective on June 4, 2010, which law directs the Florida Department of Health to create and administer 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, regardless 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 utilize septic tanks; and WHEREAS, the Florida Legislature should be cautious about imposing unnecessary burdens on home ownership and home sales dUring this serious downturn in real estate activity; and 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 action 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, ******************** e, Clerk to the "Board of ssioners in and for the inole, State of Florida ?Q/- !ob Dallari, Chairman Board of County Commissioners ATTEST: 9E 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 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 especially 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 .9 E ~~ RESOLUTION #2010-73 WHEREAS, theBoard of County Commissioners of Washington County, Florida is aware that Senate Bill 550 passed the Florida Legislature during the 2010 Legislative 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 ofSB 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 WHEREAS, 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.S. 381.0065 becomes effective July 1, 2013; and WHEREAS, Washington County is still a very rural area with the majority of its 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 Washington County's Legislative Delegation take the necessary legislative action to rescind the amendment to F,S. 381.0065 concerning the periodic inspection of onsite sewage treatment and disposal systems. DULY ADOPTED this 26th day of August 2010. BOARD OF WASH ~~,uJ~A4'U~E~ A ~le k I' LINDA HAYES COOK, Clerk fi!tJ Bit Court ashington County, Florida r- BY ~ Deputy Clerk iii 9E t: -,, n o n 73 z >n 3DO -° z m z 1:11 ma � m re /1 m � 'U ;" m C z > zoo , 1_,p ni 15 m IMrnz 1. z -I F _ z m 'n rn o a k m ` rn M -I 0 c z r (,\ -• 70 z0 O � zrnn 'H 'N H m m = 0N C) 1 co 1- zW Q rin "' G\ 1X R1 m < rn !