Florida SB 698: Local Tax Referenda Requirements

Bill Text

698 
Onsite Sewage Treatment and Disposal System Permits 
2026-02-25T08:11:32Z 
Prohibiting a municipality or political subdivision of the state from requiring owners and builders of certain residences to receive construction permits from the Department of Environmental Protection as a condition of issuing building or plumbing permits; requiring such owners and builders to provide certain proof to the municipality or political subdivision; requiring an applicant for a permit for the construction of an onsite sewage treatment and disposal system or a property owner to assume specified liabilities under certain circumstances, etc. 
Committee Substitute 2 
2026 
S 
GB 
General Bill 
c2 

 Florida Senate - 2026 CS for CS for SB 698 

 By the Committees on Rules; and Environment and Natural 
 Resources; and Senator Martin 

 595-03198-26 2026698c2 
 1 A bill to be entitled 
 2 An act relating to onsite sewage treatment and 
 3 disposal system permits; amending s. 381.0065, F.S.; 
 4 prohibiting a municipality or political subdivision of 
 5 the state from requiring owners and builders of 
 6 certain residences to receive construction permits 
 7 from the Department of Environmental Protection as a 
 8 condition of issuing building or plumbing permits; 
 9 requiring such owners and builders to provide certain 
 10 proof to the municipality or political subdivision; 
 11 requiring an applicant for a permit for the 
 12 construction of an onsite sewage treatment and 
 13 disposal system or a property owner to assume 
 14 specified liabilities under certain circumstances; 
 15 providing applicability for new rules adopted by the 
 16 department beginning on a specified date; amending ss. 
 17 380.0552 and 381.00651, F.S.; conforming cross 
 18 references; providing effective dates. 
 19 
 20 Be It Enacted by the Legislature of the State of Florida: 
 21 
 22 Section 1. Subsection (4) of section 381.0065, Florida 
 23 Statutes, is amended to read: 
 24 381.0065 Onsite sewage treatment and disposal systems; 
 25 regulation.— 
 26 (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not 
 27 construct, repair, modify, abandon, or operate an onsite sewage 
 28 treatment and disposal system without first obtaining a permit 
 29 approved by the department. The department may issue permits to 
 30 carry out this section, except that the issuance of a permit for 
 31 work seaward of the coastal construction control line 
 32 established under s. 161.053 shall be contingent upon receipt of 
 33 any required coastal construction control line permit from the 
 34 department. A construction permit is valid for 18 months after 
 35 the date of issuance and may be extended by the department for 
 36 one 90-day period under rules adopted by the department. A 
 37 repair permit is valid for 90 days after the date of issuance. 
 38 An operating permit must be obtained before the use of any 
 39 aerobic treatment unit or if the establishment generates 
 40 commercial waste. Buildings or establishments that use an 
 41 aerobic treatment unit or generate commercial waste shall be 
 42 inspected by the department at least annually to assure 
 43 compliance with the terms of the operating permit. The operating 
 44 permit for a commercial wastewater system is valid for 1 year 
 45 after the date of issuance and must be renewed annually. The 
 46 operating permit for an aerobic treatment unit is valid for 2 
 47 years after the date of issuance and must be renewed every 2 
 48 years. If all information pertaining to the siting, location, 
 49 and installation conditions or repair of an onsite sewage 
 50 treatment and disposal system remains the same, a construction 
 51 or repair permit for the onsite sewage treatment and disposal 
 52 system may be transferred to another person, if the transferee 
 53 files, within 60 days after the transfer of ownership, an 
 54 amended application providing all corrected information and 
 55 proof of ownership of the property. A fee is not associated with 
 56 the processing of this supplemental information. A person may 
 57 not contract to construct, modify, alter, repair, service, 
 58 abandon, or maintain any portion of an onsite sewage treatment 
 59 and disposal system without being registered under part III of 
 60 chapter 489. A property owner who personally performs 
 61 construction, maintenance, or repairs to a system serving his or 
 62 her own owner-occupied single-family residence is exempt from 
 63 registration requirements for performing such construction, 
 64 maintenance, or repairs on that residence, but is subject to all 
 65 permitting requirements. Except as provided in paragraph (a), a 
 66 municipality or political subdivision of the state may not issue 
 67 a building or plumbing permit for any building that requires the 
 68 use of an onsite sewage treatment and disposal system unless the 
 69 owner or builder has received a construction permit for such 
 70 system from the d