Resolution 2011-103
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 20 I 0 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 20 I 0 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, CoIlier 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
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
CoIlier 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 15th
day of June, 2011.
ATTEST:
DWIGHT E. BROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA,
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SANTA ROSA COUN'IY
BOARD OF COMMISSIONERS
SaDta R..a AdmJDiltrativ. Ornees
6495 CaroUn. Street, Suite M
MUtOD, Florida 32576-4592
JIM WILLIAMSON, DiariC\ I
ROBERT A. "BOB" COLE. District :2:
W. D. "DON" SAL TEA, Diltrict 3
GORDON GOODIN, District 4
R. LANE L YNCRARD. DilJtrict S
HVr-..ER WALKER, COUDty Administrator
mOMAS V. DANNHKISSER, County Anorney
10EL D. HANIFORD. OMB Director
August 26, 2010
Honorable Charlie Crist
Governor of Florida
Plaza Level OS, 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
(8SO.983--1877 Volct'. 8so..9I3-18~' Fu. bttp://lJWW.!I.otarosa.n.gov)
RESOLUTION 2010.1J/A-
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 downtum that our
residents are facing,
Page 1 of 2
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 Govemor 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.
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Annie Mae Murphy, derk
Page 2 of 2
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RESOLUTION #2010- ~
WHEREAS, the Board of COlUlly Commis.<ioners of Walton COllnt)', Florida is
nwufC thul Senate Bill 550 passed Ihe Florida l..:gisllllun:: during Ihe 2010 Legislalive
session. amending Flor;da Statute 381.0065; and
WHEREAS. lhe Bonombl. Governor Chnrlie Christ ~igned S13 550 inlo law utier
lhe 20 I 0 Legislative session; 11IId
WlIEREAS, aile provision of SR 550 is ll) require homeowners 10 have Ihei,'
onsi!e SCIYllge In:atmcnl unci disposnl syslem inspccled us lenst once every live (5) )'em'S;
and
WHEREAS, lhe locnl health deparlment opcrnlec1 hy Ihe Slate of Florida will
oversee !lIe pro~mm. wHeel fees, pzrfonl1 inspections and require compliance; nud
WHEREAS. Ihe reqllilemellls of this amendment 10 F,S, 381.0065, plnees all
Ilnrcllsonnble monetary hurden onlhe OIVlle!> of onsile sewnge trcnunent lInd disposal
systems; lInd
WI TEREAS, there are current "'Bulat ions ill place for Iln nn~ile sewa~c trentment
and d;sposnl system for oWllers tn abide hy in case ofa f.1i1ure of their syslem; .llld
WHERE^~, this amendment of F.S, 3R 1,0065 becomes efleetive July 1.2013;
and
WIIEREA~. Wallon CUlmty is still a very nU1ll area wilh lhe majority ofils single
family homes. small husinesses and locnl chmches depending on ons;!e sewnge trcUlment
and e!;spo~ll systems; nne!
WI-JEREAS, the Ices, wnk pnmp,ollt coslund inspection:! will place n hardship uti
moSl of Wallull Cunllty's nll1tl residents, whenlherc is no real issue \\'ilhinllt~'S" lIreas.
NOW TIIEREJo'Olm HE IT lU,SOLVEIl,lhat the WIIltOIl COllnty Bunni of
Cotlnly Commissioners reqtlcst thallhe Honomble Governur uflhe Slate of Flurida und
Walton Counly's Lcgislnlive Dclc!;llliou lake the ncees.'lllry legislnlive action to rescind
the lllllendmelltlo F.S. 1R 1 ,0065 concerning the periodic ins~c[ioll of' ollsile sewage
trealmenl alld disposal systems.
DUL Y ADOPTED Ihis 241k cla)' of August 2010,
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\lOARD 011 COUNTY COMM ISSIONEnS
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Resolution 201 O-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 Resoiution 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 Seminoie County, Flonda,
ADOPTED, this 9th day of November 2010,
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Chief Deputy
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tab Dallan, Chairman
Board of County Commissioners
ATTEST:
e, Clerk to the-Board of
ssioners in and for the
inoie, State of Florida
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
(2)
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 Legislative
session, amending Florida Statute 381.0065; and
WHEREAS, the Honorable Governor Charlie Clrrist 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
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,/tIe k I' LINDA HAYES COOK, Clerk flffi uit Court
aShlngton County, Florida
COMl\1ISSIONERS
TY, FLORIDA
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BY l~
Deputy Clerk
(2)