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Agenda 06/14/2011 Item # 9E . . . 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. Packet Page -106- . . . 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. i 11,",,'1 l., ,': :J:":~,,' .' ," ~;" I Packet Page -107- . . . ~:"i:;..",~J!"'..'''~i 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 Packet Page -108- . . . 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 Packet Page -109- 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 Packet Page -110- ei I I ! 6/14/2011 Item 9.E. e ~~ :5':.:f.~ .~..~.(...., ,.'..... __ "r., ~ ~:"'5. 't_F~ ~ c...~I-r:;; ~ .'1 ," :~"."',1.'.(:":r' . . ~;t::-~.(.\~.~'" ~- ~.__-.""- . ~::;;~. ~ -," ." 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 I '1 I 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. e 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) Packet Page -111- 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. . 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 . 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. Page 1 of2 . Packet Page -112- . . . 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. ~llml!ftl~ #~ ~NTY C <:~\~.. ~ ",'U ........ .? 4;..~.> ~<t. ..c. ..... ;/'A ~ -'f ~ .. oR co;~.. "'...~ to ~. -.....;J ..." V'. 'p-: 9" l~ ..,\ (..~ 'i!" -.' -.. . ~ ~. "'. .. ~~ if-: SEAL. -d C5~ ""0. .2.; ~. ~ ~& ~ ~: !JJ ~ ~~ ....!OR\O\>;... Cj ~ .Q.."Sl.n.... " *' Taylor County Board of 91/J?J!lJ3:rs Mark Wiggins, Chair Attest: ~~~~VhuJ{rn~ Annie Mae Murphy, C erk Page 2 of2 Packet Page -113- RESOLUTION i#201~ l3> 6/14/2011 Item 9.E. rA ~." .. 't-i.-. 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 . 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 _..trot.' lfllillll. W , B'f.. . ~ -=: OO'UlY . Packet Page -114- 6/14/2011 Item 9.E. Resolution 201 D-R- 248 . . 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 . 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 .. Packet Page -115- 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 . 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 . Packet Page -116- 6/14/2011 Item 9.E. fa~ .. ... ;J,;., ... ". .....~. ~ .. . \; .'i'. 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 ~~./~~.,U-1JE~A prCle k I' LINDA HAYES COOK, Clerk . e' ~it Court ashingtonCountyJ Florida . BY Packet Page -117-