HomeMy WebLinkAbout2011-018RESOLUTION NO. 2011-018
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, IN FAVOR OF REPEALING
CERTAIN SECTIONS OF CHAPTER 2010-2059
LAWS OF FLORIDA REGARDING SEPTIC
TANK INSPECTIONS.
WHEREAS, in 2010, the legislature passed Senate Bill 550/House Bill 1271,
which was signed into law by the Governor and became Chapter 2010-205, Laws of
Florida; and
WHEREAS, Chapter 2010-205, Laws of Florida, entitled, "An act relating to
Environmental Protection" is almost 100 pages in length and either creates or amends
sections in the following statutes: Chapter 120 F.S., Chapter 163 F.S., Chapter 189
F.S., Chapter 215 F.S., Chapter 220 F.S., Chapter 682 F.S., Chapter 367 F.S., Chapter
369 F.S., Chapter 373, F.S., Chapter 378 F.S., Chapter 380 F.S., Chapter 403 F.S., and
most importantly §§381.0065, 381.00656 and 381.066 Fla. Stat. (2010); and
WHEREAS, the amendments to §§381.0065 and 381.0066 Fla. Stat. (2010)
direct the Department of Health to create and administer a statewide septic system
evaluation program and authorized the Department to collect an evaluation report fee;
and
WHEREAS, the legislation called for inspection of all septic systems every five
years and mandated their maintenance, repair or replacement if necessary; and
WHEREAS, it is estimated that there are 2.3 to 2.7 million septic tanks in the
state of Florida and this legislation would directly affect every owner of a septic system
in the State of Florida; and
WHEREAS, the legislation would result in over 500,000 inspections each year;
and
WHEREAS, the Department of Health estimates that 10% of the inspections
would result in a failing report requiring the replacement of the septic tank which would
equate to the replacement of 50,000 systems; and
WHEREAS, the Department could not estimate how many of the remaining
septic tank inspection would result in required maintenance or pump outs, and
WHEREAS, owners who fail to replace, repair or pump out their septic tank could
face accruing fines as high as $500 per day, and
RESOLUTION NO. 2011-018
WHEREAS, the amendments to Chapter 381 may serve a valid purpose where
regular inspections of septic tanks near environmentally sensitive areas such as
Florida's natural springs, would be an important health, safety and welfare issue.
However, a blanket approach to requiring inspection and possible pump -out of all
systems across the state every five years would be unduly burdensome upon the public
as a whole, especially given the current economic conditions facing Florida's
homeowners; and
WHEREAS, the amendments to Chapter 381 F.S. were to take effect on January
1, 2011; and
WHEREAS, the legislature met in special session in November 2010 and
enacted Chapter 2010-2A, Laws of Florida, which delayed enforcement of the septic
tank inspection program until July 1, 2011; and
WHEREAS, the policy of Indian River County as stated in the Future Land Use
Element of the Comprehensive Plan is to provide public education programs on the
proper use, inspection and maintenance of septic tanks, believing that in a democratic
society, whenever possible, education is to be preferred to regulation.
NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. The Board of County Commissioners voices its opposition to the five year
inspection and evaluation cycle of septic tanks and possible pump -out of a
system as mandated by Chapter 2010-205, Laws of Florida, now codified
in Chapter 381 F.S.
2. The Board of County Commissioners encourages the legislative
delegation of Indian River County to repeal those sections of Chapter
2010-205 that mandate a state wide inspection and maintenance program
for septic tanks in the State of Florida.
This resolution was moved for adoption by Commissioner 01 Bryan and
the motion was seconded by Commissioner Flescher and upon being put to a
vote, the vote was as follows:
Chairman Bob Solari Aye
Vice Chairman Gary C. Wheeler Aye
Commissioner Wesley S. Davis Abstained
Commissioner Joseph E. Flescher Aye_
Commissioner Peter D. O'Bryan Ave
The Chairman thereupon declared the resolution duly passed and adopted this
15 day of March , 2011.
K
RESOLUTION NO. 2011 01-8
Attest: J. K. Barton, Clerk
By`s( (J
Deputy Clerk
Approved as to form and leg
sufficiency: n,/ i % A j
William K. DeBraal
Deputy County Attorney
INDIAN RIVER COUNTY, FLORIDA
by its Board of County Commissioners
By 4 Z.,
Bob Solari,Chairman
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