Wednesday, November 17, 2010

Septic Tank Mandate Stopped, State Rule-making Curtailed

Tallahassee, FL -- The Florida Legislature passed legislation today which takes the first step in repealing a septic tank inspection mandate set to begin on January 1,2011. The bill, sponsored by Senator Don Gaetz (R-Niceville) and Representative Marti Coley (R-Marianna), stops the implementation of the mandate which Gaetz describes as “too costly and too intrusive.”

“We are one step closer to repealing this law that would cause a tremendous financial burden to Floridians already suffering from the worst economy in generations,” said Gaetz.   The senator also objected to the way the mandate was included in a larger water quality bill during the 2010 session without sufficient explanation of its consequences.

Gaetz’s bill stops state agencies from requiring millions of Floridians who have septic tanks to be subjected to inspections which would cost hundreds of dollars each.
Instead, the Legislature enacted a six month delay in the effective date of the inspections.  That will allow lawmakers to hold public hearings and consider an outright repeal of the mandate.

The Niceville senator said he welcomes signals from local governments and industry groups, which originally backed the mandate, to substantially modify what even supporters are now acknowledging as an over-reaching policy.

Joining Gaetz as co-sponsors of stopping the septic tank mandate were Senators Joe Negron, Greg Evers, Charlie Dean, Nancy Detert, Evelyn Lynn and Ronda Storms.  Gaetz gave credit to Tea Party activists in Northwest Florida for helping to arouse public interest and legislative support on the issue.

Lawmakers also overwhelming overrode seven other bills vetoed by Governor Charlie Crist after the 2010 Legislative Session.

One of these bills, sponsored by Representative Matt Gaetz (R-Fort Walton Beach) reduces the authority of state agencies to establish rules without legislative approval.  Representative Gaetz is the son of Senator Gaetz, who were both sworn in to their respective offices today as the first father/son, senator/representative team in Florida history.

Under Representative Gaetz’s bill, which now becomes law despite Governor Crist’s disapproval, agencies that create rules with a regulatory cost of $200,000 or more must consider less expensive options.  House Bill 1565 also stops agencies from developing regulations which have a state-wide cost of $1 million or more without coming back to the Legislature to defend them.

Senator Gaetz also sponsored a veto override of a bill that allows some landfills to collect and make use of yard trash in order to produce methane gas for renewable energy.  Gaetz successfully argued that by allowing yard trash to be picked up and combined with other garbage, fewer trucks will be used, which means less gas, and less local government money being spent on the number of trips that need to be made.

 Below is a list of the other veto overrides, all of which Senator Gaetz supported: Senate Bill 1842: This legislation requires the Florida Department of  Transportation (FDOT) to notify local governments that are affected by proposed changes to state highways when a project divides a state highway, erects a barrier median which would modify vehicle turning movements or has the effect of or modifying existing access to adjacent property.

House Bill 1385:  Under this law, the Florida Department of Environmental Protection will now be allowed to establish a long term natural attenuation monitoring category for sites
which meet the proposed criteria to determine whether natural processes can degrade the petroleum contamination to cleanup target levels.

House Bill 981: This bill amends certain statutes that affect the agriculture industry in Florida including permitting, land classification, and pre-treating soil for new construction.

House Bill 5603: In order to achieve efficiencies and cost saving measures, this legislation makes several changes to the State Risk Management and Safety Programs within the Department of Financial Services.  
   
House Bill 5611: The Department of Management Services will see some significant changes within its structure including reorganizing the governance structure of DMS
under the Governor and Cabinet and require the Department to maintain a centralized of state-owned vehicles.

Senate Bill 1516: Under this legislation, a new comprehensive state-owned real property database will be created and maintained by the Florida Department of Environmental Protection (DEP). 

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