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Septic Tank Inspections Remain Law, Senate Repeal Fails

North Escambia - May 9, 2011

The law requiring mandatory septic tank inspects remains on the books in Florida after the Senate failed to take up a bill repealing the measure prior to the end of the 2011 session.

“The Senate however, was reluctant to take up my bills and amendments to see this effort through, and I regret that the importance and the need to pass this good piece of legislation was not acknowledged,” said Sen. Greg Evers, who represents the North Escambia area.

“In the end, the last measure to repeal the program mandating these inspections was not taken up in the Senate before Friday’s midnight deadline. Although my colleagues were unwilling to support the septic tank repeal at this time, I will keep fighting to reverse this law and I encourage you to keep fighting with me. This will remain my number one priority until we get it accomplished,” Evers said.

The Florida House passed a measure in mid-April to repeal the mandatory inspection law that was passed in 2010 as part of a broader springs protection bill. But the bill died in the Senate with the end of the session.

The House bill’s sponsor, Rep. Marti Coley, R-Marrianna, expressed her disappointment in a written statement early Saturday.

“I am very disappointed that the Senate chose not to repeal the septic tank inspection,” Coley said. “However, because of budgetary concerns, we added language in the implementing bill that requires the Department of Health to submit a plan which includes an estimate of agency workload and funding needs for approval by the Legislative Budget Commission.”

She said the health department will not be able to spend money to implement in the plan without the budget commission’s approval — potentially stymying the program until new measures to repeal the bill are considered in 2012.

The law that requires for property owners to pay for inspections on the state’s 2.6 million septic tanks every five years went into effect January 1, but last fall the legislature delayed implementation until July 1 hoping for the repeal that did no happen this session.

The septic tank inspection requirement, which opponents say could cost property owners $500 per inspection, was part of a larger environmental bill to improve water quality in Florida’s freshwater springs.