Senate Bill 698 (2026) — Onsite sewage treatment and disposal system permits
SB 698
Florida Bills
Florida Senate - 2026 SB 698 By Senator Martin 33-01362-26 2026698__ Page 1 of 28 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to onsite sewage treatment and 2 disposal system permits; amending s. 381.0065, F.S.; 3 prohibiting a municipality or political subdivision of 4 the state from requiring owners and builders of 5 certain residences to receive construction permits 6 from the Department of Environmental Protection as a 7 condition of issuing building or plumbing permits; 8 requiring such owners and builders to provide certain 9 proof to the municipality or political subdivision; 10 providing applicability for new rules adopted by the 11 department beginning on a specified date; amending ss. 12 380.0552 and 381.00651, F.S.; conforming cross-13 references; providing effective dates. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17
Section 1. Subsection (4) of
section 381.0065, Florida 18 Statutes, is amended to read: 19 381.0065 Onsite sewage treatment and disposal systems; 20 regulation.— 21
(4) PERMITS; INSTALLATION; CONDITIONS.—A person may not 22 construct, repair, modify, abandon, or operate an onsite sewage 23 treatment and disposal system without first obtaining a permit 24 approved by the department. The department may issue permits to 25 carry out this section, except that the issuance of a permit for 26 work seaward of the coastal construction control line 27 established under s. 161.053 shall be contingent upon receipt of 28 any required coastal construction control line permit from the 29
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 2 of 28 CODING: Words stricken are deletions; words underlined are additions. department. A construction permit is valid for 18 months after 30 the date of issuance and may be extended by the department for 31 one 90-day period under rules adopted by the department. A 32 repair permit is valid for 90 days after the date of issuance. 33 An operating permit must be obtained before the use of any 34 aerobic treatment unit or if the establishment generates 35 commercial waste.
Buildings or establishments that use an 36 aerobic treatment unit or generate commercial waste shall be 37 inspected by the department at least annually to assure 38 compliance with the terms of the operating permit. The operating 39 permit for a commercial wastewater system is valid for 1 year 40 after the date of issuance and must be renewed annually. The 41 operating permit for an aerobic treatment unit is valid for 2 42 years after the date of issuance and must be renewed every 2 43 years.
If all information pertaining to the siting, location, 44 and installation conditions or repair of an onsite sewage 45 treatment and disposal system remains the same, a construction 46 or repair permit for the onsite sewage treatment and disposal 47 system may be transferred to another person, if the transferee 48 files, within 60 days after the transfer of ownership, an 49 amended application providing all corrected information and 50 proof of ownership of the property. A fee is not associated with 51 the processing of this supplemental information.
A person may 52 not contract to construct, modify, alter, repair, service, 53 abandon, or maintain any portion of an onsite sewage treatment 54 and disposal system without being registered under
part III of 55
chapter 489. A property owner who personally performs 56 construction, maintenance, or repairs to a system serving his or 57 her own owner-occupied single-family residence is exempt from 58
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 3 of 28 CODING: Words stricken are deletions; words underlined are additions. registration requirements for performing such construction, 59 maintenance, or repairs on that residence, but is subject to all 60 permitting requirements.
Notwithstanding paragraph (a), a 61 municipality or political subdivision of the state may not issue 62 a building or plumbing permit for any building that requires the 63 use of an onsite sewage treatment and disposal system unless the 64 owner or builder has received a construction permit for such 65 system from the department. A building or structure may not be 66 occupied and a municipality, political subdivision, or any state 67 or federal agency may not authorize occupancy until the 68 department approves the final installation of the onsite sewage 69 treatment and disposal system.
A municipality or political 70 subdivision of the state may not approve any change in occupancy 71 or tenancy of a building that uses an onsite sewage treatment 72 and disposal system until the department has reviewed the use of 73 the system with the proposed change, approved the change, and 74 amended the operating permit. 75 (
a) If the building or plumbing permit is for a single-76 family residence that requires the use of an onsite sewage 77 treatment and disposal system, a municipality or political 78 subdivision of the state may not require the owner or builder to 79 receive a construction permit from the department for such 80 system as a condition of issuing the building or plumbing 81 permit. The owner or builder of the single-family residence must 82 provide to a municipality or political subdivision proof that 83 the owner or builder submitted an application for the onsite 84 sewage treatment and disposal system when applying for a 85 building and plumbing permit. 86 (b)(
a) Subdivisions and lots in which each lot has a 87
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 4 of 28 CODING: Words stricken are deletions; words underlined are additions. minimum area of at least one-half acre and either a minimum 88 dimension of 100 feet or a mean of at least 100 feet of the side 89 bordering the street and the distance formed by a line parallel 90 to the side bordering the street drawn between the two most 91 distant points of the remainder of the lot may be developed with 92 a water system regulated under s. 381.0062 and onsite sewage 93 treatment and disposal systems, provided the projected daily 94 sewage flow does not exceed an average of 1,500 gallons per acre 95 per day, and provided satisfactory drinking water can be 96 obtained and all distance and setback, soil condition, water 97 table elevation, and other related requirements of this
section 98 and rules adopted under this
section can be met. 99 (c)(
b) Subdivisions and lots using a public water system as 100 defined in s. 403.852 may use onsite sewage treatment and 101 disposal systems, provided there are no more than four lots per 102 acre, provided the projected daily sewage flow does not exceed 103 an average of 2,500 gallons per acre per day, and provided that 104 all distance and setback, soil condition, water table elevation, 105 and other related requirements that are generally applicable to 106 the use of onsite sewage treatment and disposal systems are met. 107 (d)(
c) Notwithstanding paragraphs (
a) and (
b) and (c), for 108 subdivisions platted of record on or before October 1, 1991, 109 when a developer or other appropriate entity has previously made 110 or makes provisions, including financial assurances or other 111 commitments, acceptable to the department, that a central water 112 system will be installed by a regulated public utility based on 113 a density formula, private potable wells may be used with onsite 114 sewage treatment and disposal systems until the agreed-upon 115 densities are reached. In a subdivision regulated by this 116
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 5 of 28 CODING: Words stricken are deletions; words underlined are additions. paragraph, the average daily sewage flow may not exceed 2,500 117 gallons per acre per day. This
section does not affect the 118 validity of existing prior agreements. After October 1, 1991, 119 the exception provided under this paragraph is not available to 120 a developer or other appropriate entity. 121 (e)(
d) Paragraphs (
a) and (
b) and (
c) do not apply to any 122 proposed residential subdivision with more than 50 lots or to 123 any proposed commercial subdivision with more than 5 lots where 124 a publicly owned or investor-owned sewage treatment system is 125 available. This paragraph does not allow development of 126 additional proposed subdivisions in order to evade the 127 requirements of this paragraph. 128 (f)(
e) The department shall adopt rules relating to the 129 location of onsite sewage treatment and disposal systems, 130 including establishing setback distances, to prevent groundwater 131 contamination and surface water contamination and to preserve 132 the public health.
The rules must consider conventional and 133 enhanced nutrient-reducing onsite sewage treatment and disposal 134 system designs, impaired or degraded water bodies, domestic 135 wastewater and drinking water infrastructure, potable water 136 sources, nonpotable wells, stormwater infrastructure, the onsite 137 sewage treatment and disposal system remediation plans developed 138 pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the 139 recommendations of the onsite sewage treatment and disposal 140 systems technical advisory committee established pursuant to 141 former s. 381.00652.
The rules must also allow a person to apply 142 for and receive a variance from a rule requirement upon 143 demonstration that the requirement would cause an undue hardship 144 and granting the variance would not cause or contribute to the 145
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 6 of 28 CODING: Words stricken are deletions; words underlined are additions. exceedance of a total maximum daily load. 146 (g)(
f) Onsite sewage treatment and disposal systems that 147 are permitted before June 21, 2022, may not be placed closer 148 than: 149 1. Seventy-five feet from a private potable well. 150 2. Two hundred feet from a public potable well serving a 151 residential or nonresidential establishment having a total 152 sewage flow of greater than 2,000 gallons per day. 153 3. One hundred feet from a public potable well serving a 154 residential or nonresidential establishment having a total 155 sewage flow of less than or equal to 2,000 gallons per day. 156 4. Fifty feet from any nonpotable well. 157 5.
Ten feet from any storm sewer pipe, to the maximum 158 extent possible, but in no instance shall the setback be less 159 than 5 feet. 160 6. Seventy-five feet from the mean high-water line of a 161 tidally influenced surface water body. 162 7. Seventy-five feet from the mean annual flood line of a 163 permanent nontidal surface water body. 164 8.
Fifteen feet from the design high-water line of 165 retention areas, detention areas, or swales designed to contain 166 standing or flowing water for less than 72 hours after a 167 rainfall or the design high-water level of normally dry drainage 168 ditches or normally dry individual lot stormwater retention 169 areas. 170 (h)(
g) This
section and rules adopted under this
section 171 relating to soil condition, water table elevation, distance, and 172 other setback requirements must be equally applied to all lots, 173 with the following exceptions: 174
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 7 of 28 CODING: Words stricken are deletions; words underlined are additions. 1.
Any residential lot that was platted and recorded on or 175 after January 1, 1972, or that is part of a residential 176 subdivision that was approved by the appropriate permitting 177 agency on or after January 1, 1972, and that was eligible for an 178 onsite sewage treatment and disposal system construction permit 179 on the date of such platting and recording or approval shall be 180 eligible for an onsite sewage treatment and disposal system 181 construction permit, regardless of when the application for a 182 permit is made.
If rules in effect at the time the permit 183 application is filed cannot be met, residential lots platted and 184 recorded or approved on or after January 1, 1972, shall, to the 185 maximum extent possible, comply with the rules in effect at the 186 time the permit application is filed.
At a minimum, however, 187 those residential lots platted and recorded or approved on or 188 after January 1, 1972, but before January 1, 1983, shall comply 189 with those rules in effect on January 1, 1983, and those 190 residential lots platted and recorded or approved on or after 191 January 1, 1983, shall comply with those rules in effect at the 192 time of such platting and recording or approval.
In determining 193 the maximum extent of compliance with current rules that is 194 possible, the department shall allow structures and 195 appurtenances thereto which were authorized at the time such 196 lots were platted and recorded or approved. 197 2. Lots platted before 1972 are subject to a 50-foot 198 minimum surface water setback and are not subject to lot size 199 requirements. The projected daily flow for onsite sewage 200 treatment and disposal systems for lots platted before 1972 may 201 not exceed: 202 a. Two thousand five hundred gallons per acre per day for 203
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 8 of 28 CODING: Words stricken are deletions; words underlined are additions. lots served by public water systems as defined in s. 403.852. 204 b. One thousand five hundred gallons per acre per day for 205 lots served by water systems regulated under s. 381.0062. 206 (i)1.(h)1. The department may grant variances in hardship 207 cases which may be less restrictive than the provisions 208 specified in this section.
If a variance is granted and the 209 onsite sewage treatment and disposal system construction permit 210 has been issued, the variance may be transferred with the system 211 construction permit, if the transferee files, within 60 days 212 after the transfer of ownership, an amended construction permit 213 application providing all corrected information and proof of 214 ownership of the property and if the same variance would have 215 been required for the new owner of the property as was 216 originally granted to the original applicant for the variance.
A 217 fee is not associated with the processing of this supplemental 218 information. A variance may not be granted under this
section 219 until the department is satisfied that: 220 a. The hardship was not caused intentionally by the action 221 of the applicant; 222 b. A reasonable alternative, taking into consideration 223 factors such as cost, does not exist for the treatment of the 224 sewage; and 225 c. The discharge from the onsite sewage treatment and 226 disposal system will not adversely affect the health of the 227 applicant or the public or significantly degrade the groundwater 228 or surface waters. 229 230 Where soil conditions, water table elevation, and setback 231 provisions are determined by the department to be satisfactory, 232
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 9 of 28 CODING: Words stricken are deletions; words underlined are additions. special consideration must be given to those lots platted before 233 1972. 234 2. The department shall appoint and staff a variance review 235 and advisory committee, which shall meet monthly to recommend 236 agency action on variance requests.
The committee shall make its 237 recommendations on variance requests at the meeting in which the 238 application is scheduled for consideration, except for an 239 extraordinary change in circumstances, the receipt of new 240 information that raises new issues, or when the applicant 241 requests an extension. The committee shall consider the criteria 242 in subparagraph 1. in its recommended agency action on variance 243 requests and shall also strive to allow property owners the full 244 use of their land where possible. 245 a. The committee is composed of the following: 246 (
I) The Secretary of Environmental Protection or his or her 247 designee. 248 (II) A representative from the county health departments. 249 (III) A representative from the home building industry 250 recommended by the Florida Home Builders Association. 251 (IV) A representative from the septic tank industry 252 recommended by the Florida Onsite Wastewater Association. 253 (
V) A representative from the Department of Health. 254 (VI) A representative from the real estate industry who is 255 also a developer in this state who develops lots using onsite 256 sewage treatment and disposal systems, recommended by the 257 Florida Association of Realtors. 258 (VII) A representative from the engineering profession 259 recommended by the Florida Engineering Society. 260 b. Members shall be appointed for a term of 3 years, with 261
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 10 of 28 CODING: Words stricken are deletions; words underlined are additions. such appointments being staggered so that the terms of no more 262 than two members expire in any one year. Members shall serve 263 without remuneration, but if requested, shall be reimbursed for 264 per diem and travel expenses as provided in s. 112.061. 265 3. The variance review and advisory committee is not 266 responsible for reviewing water well permitting.
However, the 267 committee shall consider all requirements of law related to 268 onsite sewage treatment and disposal systems when making 269 recommendations on variance requests for onsite sewage treatment 270 and disposal system permits. 271 (j)(
i) A construction permit may not be issued for an 272 onsite sewage treatment and disposal system in any area zoned or 273 used for industrial or manufacturing purposes, or its 274 equivalent, where a publicly owned or investor-owned sewage 275 treatment system is available, or where a likelihood exists that 276 the system will receive toxic, hazardous, or industrial waste. 277 An existing onsite sewage treatment and disposal system may be 278 repaired if a publicly owned or investor-owned sewage treatment 279 system is not available within 500 feet of the building sewer 280 stub-out and if system construction and operation standards can 281 be met.
This paragraph does not require publicly owned or 282 investor-owned sewage treatment systems to accept anything other 283 than domestic wastewater. 284 1. A building located in an area zoned or used for 285 industrial or manufacturing purposes, or its equivalent, when 286 such building is served by an onsite sewage treatment and 287 disposal system, must not be occupied until the owner or tenant 288 has obtained written approval from the department. The 289 department may not grant approval when the proposed use of the 290
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 11 of 28 CODING: Words stricken are deletions; words underlined are additions. system is to dispose of toxic, hazardous, or industrial 291 wastewater or toxic or hazardous chemicals. 292 2.
Each person who owns or operates a business or facility 293 in an area zoned or used for industrial or manufacturing 294 purposes, or its equivalent, or who owns or operates a business 295 that has the potential to generate toxic, hazardous, or 296 industrial wastewater or toxic or hazardous chemicals, and uses 297 an onsite sewage treatment and disposal system that is installed 298 on or after July 5, 1989, must obtain an annual system operating 299 permit from the department.
A person who owns or operates a 300 business that uses an onsite sewage treatment and disposal 301 system that was installed and approved before July 5, 1989, does 302 not need to obtain a system operating permit. However, upon 303 change of ownership or tenancy, the new owner or operator must 304 notify the department of the change, and the new owner or 305 operator must obtain an annual system operating permit, 306 regardless of the date that the system was installed or 307 approved. 308 3.
The department shall periodically review and evaluate 309 the continued use of onsite sewage treatment and disposal 310 systems in areas zoned or used for industrial or manufacturing 311 purposes, or its equivalent, and may require the collection and 312 analyses of samples from within and around such systems.
If the 313 department finds that toxic or hazardous chemicals or toxic, 314 hazardous, or industrial wastewater have been or are being 315 disposed of through an onsite sewage treatment and disposal 316 system, the department shall initiate enforcement actions 317 against the owner or tenant to ensure adequate cleanup, 318 treatment, and disposal. 319
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 12 of 28 CODING: Words stricken are deletions; words underlined are additions. (k)(
j) An onsite sewage treatment and disposal system 320 designed by a professional engineer registered in the state and 321 certified by such engineer as complying with performance 322 criteria adopted by the department must be approved by the 323 department subject to the following: 324 1. The performance criteria applicable to engineer-designed 325 systems must be limited to those necessary to ensure that such 326 systems do not adversely affect the public health or 327 significantly degrade the groundwater or surface water.
Such 328 performance criteria shall include consideration of the quality 329 of system effluent, the proposed total sewage flow per acre, 330 wastewater treatment capabilities of the natural or replaced 331 soil, water quality classification of the potential surface-332 water-receiving body, and the structural and maintenance 333 viability of the system for the treatment of domestic 334 wastewater. However, performance criteria shall address only the 335 performance of a system and not a system’s design. 336 2.
A person electing to use an engineer-designed system 337 shall, upon completion of the system design, submit such design, 338 certified by a registered professional engineer, to the county 339 health department. The county health department may use an 340 outside consultant to review the engineer-designed system, with 341 the actual cost of such review to be borne by the applicant. 342 Within 5 working days after receiving an engineer-designed 343 system permit application, the county health department shall 344 request additional information if the application is not 345 complete.
Within 15 working days after receiving a complete 346 application for an engineer-designed system, the county health 347 department shall issue the permit or, if it determines that the 348
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 13 of 28 CODING: Words stricken are deletions; words underlined are additions. system does not comply with the performance criteria, shall 349 notify the applicant of that determination and refer the 350 application to the department for a determination as to whether 351 the system should be approved, disapproved, or approved with 352 modification. The department engineer’s determination shall 353 prevail over the action of the county health department. The 354 applicant shall be notified in writing of the department’s 355 determination and of the applicant’s rights to pursue a variance 356 or seek review under the provisions of
chapter 120. 357 3. The owner of an engineer-designed performance-based 358 system must maintain a current maintenance service agreement 359 with a maintenance entity permitted by the department. The 360 maintenance entity shall inspect each system at least twice each 361 year and shall report quarterly to the department on the number 362 of systems inspected and serviced. The reports may be submitted 363 electronically. 364 4.
The property owner of an owner-occupied, single-family 365 residence may be approved and permitted by the department as a 366 maintenance entity for his or her own performance-based 367 treatment system upon written certification from the system 368 manufacturer’s approved representative that the property owner 369 has received training on the proper installation and service of 370 the system.
The maintenance service agreement must conspicuously 371 disclose that the property owner has the right to maintain his 372 or her own system and is exempt from contractor registration 373 requirements for performing construction, maintenance, or 374 repairs on the system but is subject to all permitting 375 requirements. 376 5. The property owner shall obtain a biennial system 377
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 14 of 28 CODING: Words stricken are deletions; words underlined are additions. operating permit from the department for each system. The 378 department shall inspect the system at least annually, or on 379 such periodic basis as the fee collected permits, and may 380 collect system-effluent samples if appropriate to determine 381 compliance with the performance criteria. The fee for the 382 biennial operating permit shall be collected beginning with the 383 second year of system operation. 384 6.
If an engineer-designed system fails to properly 385 function or fails to meet performance standards, the system 386 shall be re-engineered, if necessary, to bring the system into 387 compliance with the provisions of this section. 388 (l)(
k) An innovative system may be approved in conjunction 389 with an engineer-designed site-specific system that is certified 390 by the engineer to meet the performance-based criteria adopted 391 by the department. 392 (m)(
l) For the Florida Keys, the department shall adopt a 393 special rule for the construction, installation, modification, 394 operation, repair, maintenance, and performance of onsite sewage 395 treatment and disposal systems which considers the unique soil 396 conditions and water table elevations, densities, and setback 397 requirements.
On lots where a setback distance of 75 feet from 398 surface waters, saltmarsh, and buttonwood association habitat 399 areas cannot be met, an injection well, approved and permitted 400 by the department, may be used for disposal of effluent from 401 onsite sewage treatment and disposal systems. The following 402 additional requirements apply to onsite sewage treatment and 403 disposal systems in Monroe County: 404 1. The county, each municipality, and those special 405 districts established for the purpose of the collection, 406
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 15 of 28 CODING: Words stricken are deletions; words underlined are additions. transmission, treatment, or disposal of sewage shall ensure, in 407 accordance with the specific schedules adopted by the 408 Administration Commission under s. 380.0552, the completion of 409 onsite sewage treatment and disposal system upgrades to meet the 410 requirements of this paragraph. 411 2.
Onsite sewage treatment and disposal systems must cease 412 discharge by December 31, 2015, or must comply with department 413 rules and provide the level of treatment which, on a permitted 414 annual average basis, produces an effluent that contains no more 415 than the following concentrations: 416 a. Biochemical Oxygen Demand (CBOD5) of 10 mg/l. 417 b. Suspended Solids of 10 mg/l. 418 c. Total Nitrogen, expressed as N, of 10 mg/l or a 419 reduction in nitrogen of at least 70 percent.
A system that has 420 been tested and certified to reduce nitrogen concentrations by 421 at least 70 percent shall be deemed to be in compliance with 422 this standard. 423 d. Total Phosphorus, expressed as P, of 1 mg/l. 424 425 In addition, onsite sewage treatment and disposal systems 426 discharging to an injection well must provide basic disinfection 427 as defined by department rule. 428 3.
In areas not scheduled to be served by a central 429 sewerage system, onsite sewage treatment and disposal systems 430 must, by December 31, 2015, comply with department rules and 431 provide the level of treatment described in subparagraph 2. 432 4. In areas scheduled to be served by a central sewerage 433 system by December 31, 2015, if the property owner has paid a 434 connection fee or assessment for connection to the central 435
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 16 of 28 CODING: Words stricken are deletions; words underlined are additions. sewerage system, the property owner may install a holding tank 436 with a high water alarm or an onsite sewage treatment and 437 disposal system that meets the following minimum standards: 438 a. The existing tanks must be pumped and inspected and 439 certified as being watertight and free of defects in accordance 440 with department rule; and 441 b. A sand-lined drainfield or injection well in accordance 442 with department rule must be installed. 443 5.
Onsite sewage treatment and disposal systems must be 444 monitored for total nitrogen and total phosphorus concentrations 445 as required by department rule. 446 6. The department shall enforce proper installation, 447 operation, and maintenance of onsite sewage treatment and 448 disposal systems pursuant to this chapter, including ensuring 449 that the appropriate level of treatment described in 450 subparagraph 2. is met. 451 7. The authority of a local government, including a special 452 district, to mandate connection of an onsite sewage treatment 453 and disposal system is governed by s. 4,
chapter 99-395, Laws of 454 Florida. 455 8. Notwithstanding any other law, an onsite sewage 456 treatment and disposal system installed after July 1, 2010, in 457 unincorporated Monroe County, excluding special wastewater 458 districts, that complies with the standards in subparagraph 2. 459 is not required to connect to a central sewerage system until 460 December 31, 2020. 461 (n)(
m) A product sold in the state for use in onsite sewage 462 treatment and disposal systems may not contain any substance in 463 concentrations or amounts that would interfere with or prevent 464
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 17 of 28 CODING: Words stricken are deletions; words underlined are additions. the successful operation of such system, or that would cause 465 discharges from such systems to violate applicable water quality 466 standards. The department shall publish criteria for products 467 known or expected to meet the conditions of this paragraph. If a 468 product does not meet such criteria, such product may be sold if 469 the manufacturer satisfactorily demonstrates to the department 470 that the conditions of this paragraph are met. 471 (o)(
n) Evaluations for determining the seasonal high-water 472 table elevations or the suitability of soils for the use of a 473 new onsite sewage treatment and disposal system shall be 474 performed by department personnel, professional engineers 475 registered in the state, or such other persons with expertise, 476 as defined by rule, in making such evaluations. Evaluations for 477 determining mean annual flood lines shall be performed by those 478 persons identified in paragraph (2)(l). The department shall 479 accept evaluations submitted by professional engineers and such 480 other persons as meet the expertise established by this
section 481 or by rule unless the department has a reasonable scientific 482 basis for questioning the accuracy or completeness of the 483 evaluation. 484 (p)(
o) An application for an onsite sewage treatment and 485 disposal system permit shall be completed in full, signed by the 486 owner or the owner’s authorized representative, or by a 487 contractor licensed under
chapter 489, and shall be accompanied 488 by all required exhibits and fees. Specific documentation of 489 property ownership is not required as a prerequisite to the 490 review of an application or the issuance of a permit. The 491 issuance of a permit does not constitute determination by the 492 department of property ownership. 493
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 18 of 28 CODING: Words stricken are deletions; words underlined are additions. (q)(
p) The department may not require any form of 494 subdivision analysis of property by an owner, developer, or 495 subdivider before submission of an application for an onsite 496 sewage treatment and disposal system. 497 (r)(
q) This
section does not limit the power of a 498 municipality or county to enforce other laws for the protection 499 of the public health and safety. 500 (s)(
r) In the siting of onsite sewage treatment and 501 disposal systems, including drainfields, shoulders, and slopes, 502 guttering may not be required on single-family residential 503 dwelling units for systems located greater than 5 feet from the 504 roof drip line of the house. If guttering is used on residential 505 dwelling units, the downspouts shall be directed away from the 506 drainfield. 507 (t)(
s) Notwithstanding subparagraph (h)1. (g)1., onsite 508 sewage treatment and disposal systems located in floodways of 509 the Suwannee and Aucilla Rivers must adhere to the following 510 requirements: 511 1. The absorption surface of the drainfield may not be 512 subject to flooding based on 10-year flood elevations.
Provided, 513 however, for lots or parcels created by the subdivision of land 514 in accordance with applicable local government regulations 515 before January 17, 1990, if an applicant cannot construct a 516 drainfield system with the absorption surface of the drainfield 517 at an elevation equal to or above 10-year flood elevation, the 518 department shall issue a permit for an onsite sewage treatment 519 and disposal system within the 10-year floodplain of rivers, 520 streams, and other bodies of flowing water if all of the 521 following criteria are met: 522
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 19 of 28 CODING: Words stricken are deletions; words underlined are additions. a. The lot is at least one-half acre in size; 523 b. The bottom of the drainfield is at least 36 inches above 524 the 2-year flood elevation; and 525 c.
The applicant installs a waterless, incinerating, or 526 organic waste composting toilet and a graywater system and 527 drainfield in accordance with department rules; an aerobic 528 treatment unit and drainfield in accordance with department 529 rules; a system that is capable of reducing effluent nitrate by 530 at least 50 percent in accordance with department rules; or a 531 system other than a system using alternative drainfield 532 materials in accordance with department rules.
The United States 533 Department of Agriculture Soil Conservation Service soil maps, 534 State of Florida Water Management District data, and Federal 535 Emergency Management Agency Flood Insurance maps are resources 536 that shall be used to identify flood-prone areas. 537 2. The use of fill or mounding to elevate a drainfield 538 system out of the 10-year floodplain of rivers, streams, or 539 other bodies of flowing water may not be permitted if such a 540 system lies within a regulatory floodway of the Suwannee and 541 Aucilla Rivers.
In cases where the 10-year flood elevation does 542 not coincide with the boundaries of the regulatory floodway, the 543 regulatory floodway will be considered for the purposes of this 544 subsection to extend at a minimum to the 10-year flood 545 elevation. 546 (u)1.(t)1. The owner of an aerobic treatment unit system 547 shall maintain a current maintenance service agreement with an 548 aerobic treatment unit maintenance entity permitted by the 549 department. The maintenance entity shall inspect each aerobic 550 treatment unit system at least twice each year and shall report 551
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 20 of 28 CODING: Words stricken are deletions; words underlined are additions. quarterly to the department on the number of aerobic treatment 552 unit systems inspected and serviced. The reports may be 553 submitted electronically. 554 2.
The property owner of an owner-occupied, single-family 555 residence may be approved and permitted by the department as a 556 maintenance entity for his or her own aerobic treatment unit 557 system upon written certification from the system manufacturer’s 558 approved representative that the property owner has received 559 training on the proper installation and service of the system. 560 The maintenance entity service agreement must conspicuously 561 disclose that the property owner has the right to maintain his 562 or her own system and is exempt from contractor registration 563 requirements for performing construction, maintenance, or 564 repairs on the system but is subject to all permitting 565 requirements. 566 3.
A septic tank contractor licensed under
part III of 567
chapter 489, if approved by the manufacturer, may not be denied 568 access by the manufacturer to aerobic treatment unit system 569 training or spare parts for maintenance entities. After the 570 original warranty period, component parts for an aerobic 571 treatment unit system may be replaced with parts that meet 572 manufacturer’s specifications but are manufactured by others. 573 The maintenance entity shall maintain documentation of the 574 substitute part’s equivalency for 2 years and shall provide such 575 documentation to the department upon request. 576 4.
The owner of an aerobic treatment unit system shall 577 obtain a system operating permit from the department and allow 578 the department to inspect during reasonable hours each aerobic 579 treatment unit system at least annually, and such inspection may 580
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 21 of 28 CODING: Words stricken are deletions; words underlined are additions. include collection and analysis of system-effluent samples for 581 performance criteria established by rule of the department. 582 (v)(
u) The department may require the submission of 583 detailed system construction plans that are prepared by a 584 professional engineer registered in this state. The department 585 shall establish by rule criteria for determining when such a 586 submission is required. 587 (w)(
v) Any permit issued and approved by the department for 588 the installation, modification, or repair of an onsite sewage 589 treatment and disposal system shall transfer with the title to 590 the property in a real estate transaction. A title may not be 591 encumbered at the time of transfer by new permit requirements by 592 a governmental entity for an onsite sewage treatment and 593 disposal system which differ from the permitting requirements in 594 effect at the time the system was permitted, modified, or 595 repaired.
An inspection of a system may not be mandated by a 596 governmental entity at the point of sale in a real estate 597 transaction. This paragraph does not affect a septic tank phase-598 out deferral program implemented by a consolidated government as 599 defined in s. 9, Art. VIII of the State Constitution of 1885. 600 (x)(
w) A governmental entity, including a municipality, 601 county, or statutorily created commission, may not require an 602 engineer-designed performance-based treatment system, excluding 603 a passive engineer-designed performance-based treatment system, 604 before the completion of the Florida Onsite Sewage Nitrogen 605 Reduction Strategies Project. This paragraph does not apply to a 606 governmental entity, including a municipality, county, or 607 statutorily created commission, which adopted a local law, 608 ordinance, or regulation on or before January 31, 2012. 609
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 22 of 28 CODING: Words stricken are deletions; words underlined are additions. Notwithstanding this paragraph, an engineer-designed 610 performance-based treatment system may be used to meet the 611 requirements of the variance review and advisory committee 612 recommendations. 613 (y)1.(x)1.
An onsite sewage treatment and disposal system 614 is not considered abandoned if the system is disconnected from a 615 structure that was made unusable or destroyed following a 616 disaster and if the system was properly functioning at the time 617 of disconnection and was not adversely affected by the disaster. 618 The onsite sewage treatment and disposal system may be 619 reconnected to a rebuilt structure if: 620 a.
The reconnection of the system is to the same type of 621 structure which contains the same number of bedrooms or fewer, 622 if the square footage of the structure is less than or equal to 623 110 percent of the original square footage of the structure that 624 existed before the disaster; 625 b. The system is not a sanitary nuisance; and 626 c. The system has not been altered without prior 627 authorization. 628 2. An onsite sewage treatment and disposal system that 629 serves a property that is foreclosed upon is not considered 630 abandoned. 631 (z)(
y) If an onsite sewage treatment and disposal system 632 permittee receives, relies upon, and undertakes construction of 633 a system based upon a validly issued construction permit under 634 rules applicable at the time of construction but a change to a 635 rule occurs within 5 years after the approval of the system for 636 construction but before the final approval of the system, the 637 rules applicable and in effect at the time of construction 638
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 23 of 28 CODING: Words stricken are deletions; words underlined are additions. approval apply at the time of final approval if fundamental site 639 conditions have not changed between the time of construction 640 approval and final approval. 641 (aa)(
z) An existing-system inspection or evaluation and 642 assessment, or a modification, replacement, or upgrade of an 643 onsite sewage treatment and disposal system is not required for 644 a remodeling addition or modification to a single-family home if 645 a bedroom is not added. However, a remodeling addition or 646 modification to a single-family home may not cover any part of 647 the existing system or encroach upon a required setback or the 648 unobstructed area.
To determine if a setback or the unobstructed 649 area is impacted, the local health department shall review and 650 verify a floor plan and site plan of the proposed remodeling 651 addition or modification to the home submitted by a remodeler 652 which shows the location of the system, including the distance 653 of the remodeling addition or modification to the home from the 654 onsite sewage treatment and disposal system. The local health 655 department may visit the site or otherwise determine the best 656 means of verifying the information submitted.
A verification of 657 the location of a system is not an inspection or evaluation and 658 assessment of the system. The review and verification must be 659 completed within 7 business days after receipt by the local 660 health department of a floor plan and site plan. If the review 661 and verification is not completed within such time, the 662 remodeling addition or modification to the single-family home, 663 for the purposes of this paragraph, is approved. 664
Section 2. Effective July 1, 2026, subsection (10) is added 665 to
section 381.0065, Florida Statutes, to read: 666 381.0065 Onsite sewage treatment and disposal systems; 667
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 24 of 28 CODING: Words stricken are deletions; words underlined are additions. regulation.— 668
(10) ADOPTION OF NEW RULES.—Any new rules for the use and 669 installation of onsite wastewater systems adopted by the 670 department under this
section do not apply to permit 671 applications submitted within 120 days after the date such rules 672 are adopted. 673
Section 3. Paragraph (
i) of subsection (2), paragraph (b) 674 of subsection (4), paragraph (
j) of subsection (7), and 675 paragraph (
a) of subsection (9) of
section 380.0552, Florida 676 Statutes, are amended to read: 677 380.0552 Florida Keys Area; protection and designation as 678 area of critical state concern.— 679
(2) LEGISLATIVE INTENT.—It is the intent of the Legislature 680 to: 681 (
i) Protect and improve the nearshore water quality of the 682 Florida Keys through federal, state, and local funding of water 683 quality improvement projects, including the construction and 684 operation of wastewater management facilities that meet the 685 requirements of ss. 381.0065(4)(
m) and 403.086(11) ss. 686 381.0065(4)(
l) and 403.086(11), as applicable. 687
(4) REMOVAL OF DESIGNATION.— 688 (
b) Beginning November 30, 2010, the state land planning 689 agency shall annually submit a written report to the 690 Administration Commission describing the progress of the Florida 691 Keys Area toward completing the work program tasks specified in 692 commission rules. The land planning agency shall recommend 693 removing the Florida Keys Area from being designated as an area 694 of critical state concern to the commission if it determines 695 that: 696
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 25 of 28 CODING: Words stricken are deletions; words underlined are additions. 1. All of the work program tasks have been completed, 697 including construction of, operation of, and connection to 698 central wastewater management facilities pursuant to s. 699 403.086(11) and upgrade of onsite sewage treatment and disposal 700 systems pursuant to s. 381.0065(4)(
m) s. 381.0065(4)(l); 701 2. All local comprehensive plans and land development 702 regulations and the administration of such plans and regulations 703 are adequate to protect the Florida Keys Area, fulfill the 704 legislative intent specified in subsection (2), and are 705 consistent with and further the principles guiding development; 706 and 707 3. A local government has adopted a resolution at a public 708 hearing recommending the removal of the designation. 709
(7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 710 and local agencies and units of government in the Florida Keys 711 Area shall coordinate their plans and conduct their programs and 712 regulatory activities consistent with the principles for guiding 713 development as specified in
chapter 27F-8, Florida 714 Administrative Code, as amended effective August 23, 1984, which 715 is adopted and incorporated herein by reference. For the 716 purposes of reviewing the consistency of the adopted plan, or 717 any amendments to that plan, with the principles for guiding 718 development, and any amendments to the principles, the 719 principles shall be construed as a whole and specific provisions 720 may not be construed or applied in isolation from the other 721 provisions. However, the principles for guiding development are 722 repealed 18 months from July 1, 1986. After repeal, any plan 723 amendments must be consistent with the following principles: 724 (
j) Ensuring the improvement of nearshore water quality by 725
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 26 of 28 CODING: Words stricken are deletions; words underlined are additions. requiring the construction and operation of wastewater 726 management facilities that meet the requirements of ss. 727 381.0065(4)(
m) and 403.086(11) ss. 381.0065(4)(
l) and 728 403.086(11), as applicable, and by directing growth to areas 729 served by central wastewater treatment facilities through permit 730 allocation systems. 731
(9) MODIFICATION TO PLANS AND REGULATIONS.— 732 (
a) Any land development regulation or element of a local 733 comprehensive plan in the Florida Keys Area may be enacted, 734 amended, or rescinded by a local government, but the enactment, 735 amendment, or rescission becomes effective only upon approval by 736 the state land planning agency. The state land planning agency 737 shall review the proposed change to determine if it is in 738 compliance with the principles for guiding development specified 739 in
chapter 27F-8, Florida Administrative Code, as amended 740 effective August 23, 1984, and must approve or reject the 741 requested changes within 60 days after receipt. Amendments to 742 local comprehensive plans in the Florida Keys Area must also be 743 reviewed for compliance with the following: 744 1.
Construction schedules and detailed capital financing 745 plans for wastewater management improvements in the annually 746 adopted capital improvements element, and standards for the 747 construction of wastewater treatment and disposal facilities or 748 collection systems that meet or exceed the criteria in s. 749 403.086(11) for wastewater treatment and disposal facilities or 750 s. 381.0065(4)(
m) s. 381.0065(4)(
l) for onsite sewage treatment 751 and disposal systems. 752 2. Goals, objectives, and policies to protect public safety 753 and welfare in the event of a natural disaster by maintaining a 754
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 27 of 28 CODING: Words stricken are deletions; words underlined are additions. hurricane evacuation clearance time for permanent residents of 755 no more than 24.5 hours. The hurricane evacuation clearance time 756 shall be determined by a hurricane evacuation study conducted in 757 accordance with a professionally accepted methodology and 758 approved by the state land planning agency. For purposes of 759 hurricane evacuation clearance time: 760 a. Mobile home residents are not considered permanent 761 residents. 762 b. The City of Key West Area of Critical State Concern 763 established by
chapter 28-36, Florida Administrative Code, shall 764 be included in the hurricane evacuation study and is subject to 765 the evacuation requirements of this subsection. 766
Section 4. Paragraph (
c) of subsection (6) of
section 767 381.00651, Florida Statutes, is amended to read: 768 381.00651 Periodic evaluation and assessment of onsite 769 sewage treatment and disposal systems.— 770
(6) The requirements for an onsite sewage treatment and 771 disposal system evaluation and assessment program are as 772 follows: 773 (
c) Repair of systems.—The local ordinance may not require 774 a repair, modification, or replacement of a system as a result 775 of an evaluation unless the evaluation identifies a system 776 failure. For purposes of this subsection, the term “system 777 failure” means a condition existing within an onsite sewage 778 treatment and disposal system which results in the discharge of 779 untreated or partially treated wastewater onto the ground 780 surface or into surface water or that results in the failure of 781 building plumbing to discharge properly and presents a sanitary 782 nuisance. A system is not in failure if the system does not have 783
Florida Senate - 2026 SB 698 33-01362-26 2026698__ Page 28 of 28 CODING: Words stricken are deletions; words underlined are additions. a minimum separation distance between the drainfield and the 784 wettest season water table or if an obstruction in a sanitary 785 line or an effluent screen or filter prevents effluent from 786 flowing into a drainfield. If a system failure is identified and 787 several allowable remedial measures are available to resolve the 788 failure, the system owner may choose the least costly allowable 789 remedial measure to fix the system.
There may be instances in 790 which a pump-out is sufficient to resolve a system failure. 791 Allowable remedial measures to resolve a system failure are 792 limited to what is necessary to resolve the failure and must 793 meet, to the maximum extent practicable, the requirements of the 794 repair code in effect when the repair is made, subject to the 795 exceptions specified in s. 381.065(4)(
h) s. 381.0065(4)(g). An 796 engineer-designed performance-based treatment system to reduce 797 nutrients may not be required as an alternative remediation 798 measure to resolve the failure of a conventional system. 799