Onsite Sewage Treatment and Disposal System Permits

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 1 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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
requiring an applicant for a permit for the 11
construction of an onsite sewage treatment and 12
disposal system or a property owner to assume 13
specified liabilities under certain circumstances; 14
providing applicability for certain new rules adopted 15
by the department within a specified timeframe; 16
amending ss. 380.0552 and 381.00651, F.S.; conforming 17
cross-references; providing effective dates. 18
19
Be It Enacted by the Legislature of the State of Florida: 20
21
Section 1. Subsection (4) of section 381.0065, Florida 22
Statutes, is amended to read: 23
381.0065 Onsite sewage treatment and disposal systems; 24
regulation.— 25

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 2 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(4) PERMITS; INSTALLATION; CONDITIONS.—A person may not 26
construct, repair, modify, abandon, or operate an onsite sewage 27
treatment and disposal system without first obtaining a permit 28
approved by the department. The department may issue permits to 29
carry out this section, except that the issuance of a permit for 30
work seaward of the coastal construction control line 31
established under s. 161.053 shall be contingent upon receipt of 32
any required coastal construction control line permit from the 33
department. A construction permit is valid for 18 months after 34
the date of issuance and may be extended by the department for 35
one 90-day period under rules adopted by the department. A 36
repair permit is valid for 90 days after the date of issuance. 37
An operating permit must be obtained before the use of any 38
aerobic treatment unit or if the establishment generates 39
commercial waste. Buildings or establishments that use an 40
aerobic treatment unit or generate commercial waste shall be 41
inspected by the department at least annually to assure 42
compliance with the terms of the operating permit. The operating 43
permit for a commercial wastewater system is valid for 1 year 44
after the date of issuance and must be renewed annually. The 45
operating permit for an aerobic treatment unit is valid for 2 46
years after the date of issuance and must be renewed every 2 47
years. If all information pertaining to the siting, location, 48
and installation conditions or repair of an onsite sewage 49
treatment and disposal system remains the same, a construction 50

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 3 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

or repair permit for the onsite sewage treatment and disposal 51
system may be transferred to another person, if the transferee 52
files, within 60 days after the transfer of ownership, an 53
amended application providing all corrected information and 54
proof of ownership of the property. A fee is not associated with 55
the processing of this supplemental information. A person may 56
not contract to construct, modify, alter, repair, service, 57
abandon, or maintain any portion of an onsite sewage treatment 58
and disposal system without being registered under part III of 59
chapter 489. A property owner who personally performs 60
construction, maintenance, or repairs to a system serving his or 61
her own owner-occupied single-family residence is exempt from 62
registration requirements for performing such construction, 63
maintenance, or repairs on that residence, but is subject to all 64
permitting requirements. Except as provided in paragraph (a), a 65
municipality or political subdivision of the state may not issue 66
a building or plumbing permit for any building that requires the 67
use of an onsite sewage treatment and disposal system unless the 68
owner or builder has received a construction permit for such 69
system from the department. A building or structure may not be 70
occupied and a municipality, political subdivision, or any state 71
or federal agency may not authorize occupancy until the 72
department approves the final installation of the onsite sewage 73
treatment and disposal system. A municipality or political 74
subdivision of the state may not approve any change in occupancy 75

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 4 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

or tenancy of a building that uses an onsite sewage treatment 76
and disposal system until the department has reviewed the use of 77
the system with the proposed change, approved the change, and 78
amended the operating permit. 79
(a) If the building or plumbing permit is for a single-80
family residence that requires the use of an onsite sewage 81
treatment and disposal system, a municipality or political 82
subdivision of the state may not require the owner or builder to 83
receive a construction permit from the department for such 84
system as a condition of issuing the building or plumbing 85
permit. The owner or builder of the single-family residence must 86
provide to a municipality or political subdivision proof that 87
the owner or builder submitted an application for the onsite 88
sewage treatment and disposal system when applying for a 89
building or plumbing permit. 90
(b) If construction of the onsite sewage treatment and 91
disposal system commences before the issuance of the permit for 92
the onsite sewage treatment and disposal system, the property 93
owner or the applicant must assume all legal, financial, and 94
safety liabilities arising therefrom. 95
(c)(a) Subdivisions and lots in which each lot has a 96
minimum area of at least one-half acre and either a minimum 97
dimension of 100 feet or a mean of at least 100 feet of the side 98
bordering the street and the distance formed by a line parallel 99
to the side bordering the street drawn between the two most 100

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 5 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

distant points of the remainder of the lot may be developed with 101
a water system regulated under s. 381.0062 and onsite sewage 102
treatment and disposal systems, provided the projected daily 103
sewage flow does not exceed an average of 1,500 gallons per acre 104
per day, and provided satisfactory drinking water can be 105
obtained and all distance and setback, soil condition, water 106
table elevation, and other related requirements of this section 107
and rules adopted under this section can be met. 108
(d)(b) Subdivisions and lots using a public water system 109
as defined in s. 403.852 may use onsite sewage treatment and 110
disposal systems, provided there are no more than four lots per 111
acre, provided the projected daily sewage flow does not exceed 112
an average of 2,500 gallons per acre per day, and provided that 113
all distance and setback, soil condition, water table elevation, 114
and other related requirements that are generally applicable to 115
the use of onsite sewage treatment and disposal systems are met. 116
(e)(c) Notwithstanding paragraphs (c) and (d) (a) and (b), 117
for subdivisions platted of record on or before October 1, 1991, 118
when a developer or other appropriate entity has previously made 119
or makes provisions, including financial assurances or other 120
commitments, acceptable to the department, that a central water 121
system will be installed by a regulated public utility based on 122
a density formula, private potable wells may be used with onsite 123
sewage treatment and disposal systems until the agreed-upon 124
densities are reached. In a subdivision regulated by this 125

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 6 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

paragraph, the average daily sewage flow may not exceed 2,500 126
gallons per acre per day. This section does not affect the 127
validity of existing prior agreements. After October 1, 1991, 128
the exception provided under this paragraph is not available to 129
a developer or other appropriate entity. 130
(f)(d) Paragraphs (c) and (d) (a) and (b) do not apply to 131
any proposed residential subdivision with more than 50 lots or 132
to any proposed commercial subdivision with more than 5 lots 133
where a publicly owned or investor-owned sewage treatment system 134
is available. This paragraph does not allow development of 135
additional proposed subdivisions in order to evade the 136
requirements of this paragraph. 137
(g)(e) The department shall adopt rules relating to the 138
location of onsite sewage treatment and disposal systems, 139
including establishing setback distances, to prevent groundwater 140
contamination and surface water contamination and to preserve 141
the public health. The rules must consider conventional and 142
enhanced nutrient-reducing onsite sewage treatment and disposal 143
system designs, impaired or degraded water bodies, domestic 144
wastewater and drinking water infrastructure, potable water 145
sources, nonpotable wells, stormwater infrastructure, the onsite 146
sewage treatment and disposal system remediation plans developed 147
pursuant to s. 403.067(7)(a)9.b., nutrient pollution, and the 148
recommendations of the onsite sewage treatment and disposal 149
systems technical advisory committee established pursuant to 150

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 7 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

former s. 381.00652. The rules must also allow a person to apply 151
for and receive a variance from a rule requirement upon 152
demonstration that the requirement would cause an undue hardship 153
and granting the variance would not cause or contribute to the 154
exceedance of a total maximum daily load. 155
(h)(f) Onsite sewage treatment and disposal systems that 156
are permitted before June 21, 2022, may not be placed closer 157
than: 158
1. Seventy-five feet from a private potable well. 159
2. Two hundred feet from a public potable well serving a 160
residential or nonresidential establishment having a total 161
sewage flow of greater than 2,000 gallons per day. 162
3. One hundred feet from a public potable well serving a 163
residential or nonresidential establishment having a total 164
sewage flow of less than or equal to 2,000 gallons per day. 165
4. Fifty feet from any nonpotable well. 166
5. Ten feet from any storm sewer pipe, to the maximum 167
extent possible, but in no instance shall the setback be less 168
than 5 feet. 169
6. Seventy-five feet from the mean high-water line of a 170
tidally influenced surface water body. 171
7. Seventy-five feet from the mean annual flood line of a 172
permanent nontidal surface water body. 173
8. Fifteen feet from the design high-water line of 174
retention areas, detention areas, or swales designed to contain 175

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 8 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

standing or flowing water for less than 72 hours after a 176
rainfall or the design high-water level of normally dry drainage 177
ditches or normally dry individual lot stormwater retention 178
areas. 179
(i)(g) This section and rules adopted under this section 180
relating to soil condition, water table elevation, distance, and 181
other setback requirements must be equally applied to all lots, 182
with the following exceptions: 183
1. Any residential lot that was platted and recorded on or 184
after January 1, 1972, or that is part of a residential 185
subdivision that was approved by the appropriate permitting 186
agency on or after January 1, 1972, and that was eligible for an 187
onsite sewage treatment and disposal system construction permit 188
on the date of such platting and recording or approval shall be 189
eligible for an onsite sewage treatment and disposal system 190
construction permit, regardless of when the application for a 191
permit is made. If rules in effect at the time the permit 192
application is filed cannot be met, residential lots platted and 193
recorded or approved on or after January 1, 1972, shall, to the 194
maximum extent possible, comply with the rules in effect at the 195
time the permit application is filed. At a minimum, however, 196
those residential lots platted and recorded or approved on or 197
after January 1, 1972, but before January 1, 1983, shall comply 198
with those rules in effect on January 1, 1983, and those 199
residential lots platted and recorded or approved on or after 200

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 9 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

January 1, 1983, shall comply with those rules in effect at the 201
time of such platting and recording or approval. In determining 202
the maximum extent of compliance with current rules that is 203
possible, the department shall allow structures and 204
appurtenances thereto which were authorized at the time such 205
lots were platted and recorded or approved. 206
2. Lots platted before 1972 are subject to a 50-foot 207
minimum surface water setback and are not subject to lot size 208
requirements. The projected daily flow for onsite sewage 209
treatment and disposal systems for lots platted before 1972 may 210
not exceed: 211
a. Two thousand five hundred gallons per acre per day for 212
lots served by public water systems as defined in s. 403.852. 213
b. One thousand five hundred gallons per acre per day for 214
lots served by water systems regulated under s. 381.0062. 215
(j)1.(h)1. The department may grant variances in hardship 216
cases which may be less restrictive than the provisions 217
specified in this section. If a variance is granted and the 218
onsite sewage treatment and disposal system construction permit 219
has been issued, the variance may be transferred with the system 220
construction permit, if the transferee files, within 60 days 221
after the transfer of ownership, an amended construction permit 222
application providing all corrected information and proof of 223
ownership of the property and if the same variance would have 224
been required for the new owner of the property as was 225

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 10 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

originally granted to the original applicant for the variance. A 226
fee is not associated with the processing of this supplemental 227
information. A variance may not be granted under this section 228
until the department is satisfied that: 229
a. The hardship was not caused intentionally by the action 230
of the applicant; 231
b. A reasonable alternative, taking into consideration 232
factors such as cost, does not exist for the treatment of the 233
sewage; and 234
c. The discharge from the onsite sewage treatment and 235
disposal system will not adversely affect the health of the 236
applicant or the public or significantly degrade the groundwater 237
or surface waters. 238
239
Where soil conditions, water table elevation, and setback 240
provisions are determined by the department to be satisfactory, 241
special consideration must be given to those lots platted before 242
1972. 243
2. The department shall appoint and staff a variance 244
review and advisory committee, which shall meet monthly to 245
recommend agency action on variance requests. The committee 246
shall make its recommendations on variance requests at the 247
meeting in which the application is scheduled for consideration, 248
except for an extraordinary change in circumstances, the receipt 249
of new information that raises new issues, or when the applicant 250

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 11 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

requests an extension. The committee shall consider the criteria 251
in subparagraph 1. in its recommended agency action on variance 252
requests and shall also strive to allow property owners the full 253
use of their land where possible. 254
a. The committee is composed of the following: 255
(I) The Secretary of Environmental Protection or his or 256
her designee. 257
(II) A representative from the county health departments. 258
(III) A representative from the home building industry 259
recommended by the Florida Home Builders Association. 260
(IV) A representative from the septic tank industry 261
recommended by the Florida Onsite Wastewater Association. 262
(V) A representative from the Department of Health. 263
(VI) A representative from the real estate industry who is 264
also a developer in this state who develops lots using onsite 265
sewage treatment and disposal systems, recommended by the 266
Florida Association of Realtors. 267
(VII) A representative from the engineering profession 268
recommended by the Florida Engineering Society. 269
b. Members shall be appointed for a term of 3 years, with 270
such appointments being staggered so that the terms of no more 271
than two members expire in any one year. Members shall serve 272
without remuneration, but if requested, shall be reimbursed for 273
per diem and travel expenses as provided in s. 112.061. 274
3. The variance review and advisory committee is not 275

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 12 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

responsible for reviewing water well permitting. However, the 276
committee shall consider all requirements of law related to 277
onsite sewage treatment and disposal systems when making 278
recommendations on variance requests for onsite sewage treatment 279
and disposal system permits. 280
(k)(i) A construction permit may not be issued for an 281
onsite sewage treatment and disposal system in any area zoned or 282
used for industrial or manufacturing purposes, or its 283
equivalent, where a publicly owned or investor-owned sewage 284
treatment system is available, or where a likelihood exists that 285
the system will receive toxic, hazardous, or industrial waste. 286
An existing onsite sewage treatment and disposal system may be 287
repaired if a publicly owned or investor-owned sewage treatment 288
system is not available within 500 feet of the building sewer 289
stub-out and if system construction and operation standards can 290
be met. This paragraph does not require publicly owned or 291
investor-owned sewage treatment systems to accept anything other 292
than domestic wastewater. 293
1. A building located in an area zoned or used for 294
industrial or manufacturing purposes, or its equivalent, when 295
such building is served by an onsite sewage treatment and 296
disposal system, must not be occupied until the owner or tenant 297
has obtained written approval from the department. The 298
department may not grant approval when the proposed use of the 299
system is to dispose of toxic, hazardous, or industrial 300

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 13 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

wastewater or toxic or hazardous chemicals. 301
2. Each person who owns or operates a business or facility 302
in an area zoned or used for industrial or manufacturing 303
purposes, or its equivalent, or who owns or operates a business 304
that has the potential to generate toxic, hazardous, or 305
industrial wastewater or toxic or hazardous chemicals, and uses 306
an onsite sewage treatment and disposal system that is installed 307
on or after July 5, 1989, must obtain an annual system operating 308
permit from the department. A person who owns or operates a 309
business that uses an onsite sewage treatment and disposal 310
system that was installed and approved before July 5, 1989, does 311
not need to obtain a system operating permit. However, upon 312
change of ownership or tenancy, the new owner or operator must 313
notify the department of the change, and the new owner or 314
operator must obtain an annual system operating permit, 315
regardless of the date that the system was installed or 316
approved. 317
3. The department shall periodically review and evaluate 318
the continued use of onsite sewage treatment and disposal 319
systems in areas zoned or used for industrial or manufacturing 320
purposes, or its equivalent, and may require the collection and 321
analyses of samples from within and around such systems. If the 322
department finds that toxic or hazardous chemicals or toxic, 323
hazardous, or industrial wastewater have been or are being 324
disposed of through an onsite sewage treatment and disposal 325

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 14 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

system, the department shall initiate enforcement actions 326
against the owner or tenant to ensure adequate cleanup, 327
treatment, and disposal. 328
(l)(j) An onsite sewage treatment and disposal system 329
designed by a professional engineer registered in the state and 330
certified by such engineer as complying with performance 331
criteria adopted by the department must be approved by the 332
department subject to the following: 333
1. The performance criteria applicable to engineer-334
designed systems must be limited to those necessary to ensure 335
that such systems do not adversely affect the public health or 336
significantly degrade the groundwater or surface water. Such 337
performance criteria shall include consideration of the quality 338
of system effluent, the proposed total sewage flow per acre, 339
wastewater treatment capabilities of the natural or replaced 340
soil, water quality classification of the potential surface-341
water-receiving body, and the structural and maintenance 342
viability of the system for the treatment of domestic 343
wastewater. However, performance criteria shall address only the 344
performance of a system and not a system's design. 345
2. A person electing to use an engineer-designed system 346
shall, upon completion of the system design, submit such design, 347
certified by a registered professional engineer, to the county 348
health department. The county health department may use an 349
outside consultant to review the engineer-designed system, with 350

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 15 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

the actual cost of such review to be borne by the applicant. 351
Within 5 working days after receiving an engineer-designed 352
system permit application, the county health department shall 353
request additional information if the application is not 354
complete. Within 15 working days after receiving a complete 355
application for an engineer-designed system, the county health 356
department shall issue the permit or, if it determines that the 357
system does not comply with the performance criteria, shall 358
notify the applicant of that determination and refer the 359
application to the department for a determination as to whether 360
the system should be approved, disapproved, or approved with 361
modification. The department engineer's determination shall 362
prevail over the action of the county health department. The 363
applicant shall be notified in writing of the department's 364
determination and of the applicant's rights to pursue a variance 365
or seek review under the provisions of chapter 120. 366
3. The owner of an engineer-designed performance-based 367
system must maintain a current maintenance service agreement 368
with a maintenance entity permitted by the department. The 369
maintenance entity shall inspect each system at least twice each 370
year and shall report quarterly to the department on the number 371
of systems inspected and serviced. The reports may be submitted 372
electronically. 373
4. The property owner of an owner-occupied, single-family 374
residence may be approved and permitted by the department as a 375

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 16 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

maintenance entity for his or her own performance-based 376
treatment system upon written certification from the system 377
manufacturer's approved representative that the property owner 378
has received training on the proper installation and service of 379
the system. The maintenance service agreement must conspicuously 380
disclose that the property owner has the right to maintain his 381
or her own system and is exempt from contractor registration 382
requirements for performing construction, maintenance, or 383
repairs on the system but is subject to all permitting 384
requirements. 385
5. The property owner shall obtain a biennial system 386
operating permit from the department for each system. The 387
department shall inspect the system at least annually, or on 388
such periodic basis as the fee collected permits, and may 389
collect system-effluent samples if appropriate to determine 390
compliance with the performance criteria. The fee for the 391
biennial operating permit shall be collected beginning with the 392
second year of system operation. 393
6. If an engineer-designed system fails to properly 394
function or fails to meet performance standards, the system 395
shall be re-engineered, if necessary, to bring the system into 396
compliance with the provisions of this section. 397
(m)(k) An innovative system may be approved in conjunction 398
with an engineer-designed site-specific system that is certified 399
by the engineer to meet the performance-based criteria adopted 400

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 17 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

by the department. 401
(n)(l) For the Florida Keys, the department shall adopt a 402
special rule for the construction, installation, modification, 403
operation, repair, maintenance, and performance of onsite sewage 404
treatment and disposal systems which considers the unique soil 405
conditions and water table elevations, densities, and setback 406
requirements. On lots where a setback distance of 75 feet from 407
surface waters, saltmarsh, and buttonwood association habitat 408
areas cannot be met, an injection well, approved and permitted 409
by the department, may be used for disposal of effluent from 410
onsite sewage treatment and disposal systems. The following 411
additional requirements apply to onsite sewage treatment and 412
disposal systems in Monroe County: 413
1. The county, each municipality, and those special 414
districts established for the purpose of the collection, 415
transmission, treatment, or disposal of sewage shall ensure, in 416
accordance with the specific schedules adopted by the 417
Administration Commission under s. 380.0552, the completion of 418
onsite sewage treatment and disposal system upgrades to meet the 419
requirements of this paragraph. 420
2. Onsite sewage treatment and disposal systems must cease 421
discharge by December 31, 2015, or must comply with department 422
rules and provide the level of treatment which, on a permitted 423
annual average basis, produces an effluent that contains no more 424
than the following concentrations: 425

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 18 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

a. Biochemical oxygen demand (CBOD5) of 10 mg/l. 426
b. Suspended solids of 10 mg/l. 427
c. Total nitrogen, expressed as N, of 10 mg/l or a 428
reduction in nitrogen of at least 70 percent. A system that has 429
been tested and certified to reduce nitrogen concentrations by 430
at least 70 percent shall be deemed to be in compliance with 431
this standard. 432
d. Total phosphorus, expressed as P, of 1 mg/l. 433
434
In addition, onsite sewage treatment and disposal systems 435
discharging to an injection well must provide basic disinfection 436
as defined by department rule. 437
3. In areas not scheduled to be served by a central 438
sewerage system, onsite sewage treatment and disposal systems 439
must, by December 31, 2015, comply with department rules and 440
provide the level of treatment described in subparagraph 2. 441
4. In areas scheduled to be served by a central sewerage 442
system by December 31, 2015, if the property owner has paid a 443
connection fee or assessment for connection to the central 444
sewerage system, the property owner may install a holding tank 445
with a high water alarm or an onsite sewage treatment and 446
disposal system that meets the following minimum standards: 447
a. The existing tanks must be pumped and inspected and 448
certified as being watertight and free of defects in accordance 449
with department rule; and 450

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 19 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

b. A sand-lined drainfield or injection well in accordance 451
with department rule must be installed. 452
5. Onsite sewage treatment and disposal systems must be 453
monitored for total nitrogen and total phosphorus concentrations 454
as required by department rule. 455
6. The department shall enforce proper installation, 456
operation, and maintenance of onsite sewage treatment and 457
disposal systems pursuant to this chapter, including ensuring 458
that the appropriate level of treatment described in 459
subparagraph 2. is met. 460
7. The authority of a local government, including a 461
special district, to mandate connection of an onsite sewage 462
treatment and disposal system is governed by s. 4, chapter 99-463
395, Laws of Florida. 464
8. Notwithstanding any other law, an onsite sewage 465
treatment and disposal system installed after July 1, 2010, in 466
unincorporated Monroe County, excluding special wastewater 467
districts, that complies with the standards in subparagraph 2. 468
is not required to connect to a central sewerage system until 469
December 31, 2020. 470
(o)(m) A product sold in the state for use in onsite 471
sewage treatment and disposal systems may not contain any 472
substance in concentrations or amounts that would interfere with 473
or prevent the successful operation of such system, or that 474
would cause discharges from such systems to violate applicable 475

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 20 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

water quality standards. The department shall publish criteria 476
for products known or expected to meet the conditions of this 477
paragraph. If a product does not meet such criteria, such 478
product may be sold if the manufacturer satisfactorily 479
demonstrates to the department that the conditions of this 480
paragraph are met. 481
(p)(n) Evaluations for determining the seasonal high-water 482
table elevations or the suitability of soils for the use of a 483
new onsite sewage treatment and disposal system shall be 484
performed by department personnel, professional engineers 485
registered in the state, or such other persons with expertise, 486
as defined by rule, in making such evaluations. Evaluations for 487
determining mean annual flood lines shall be performed by those 488
persons identified in paragraph (2)(l). The department shall 489
accept evaluations submitted by professional engineers and such 490
other persons as meet the expertise established by this section 491
or by rule unless the department has a reasonable scientific 492
basis for questioning the accuracy or completeness of the 493
evaluation. 494
(q)(o) An application for an onsite sewage treatment and 495
disposal system permit shall be completed in full, signed by the 496
owner or the owner's authorized representative, or by a 497
contractor licensed under chapter 489, and shall be accompanied 498
by all required exhibits and fees. Specific documentation of 499
property ownership is not required as a prerequisite to the 500

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 21 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

review of an application or the issuance of a permit. The 501
issuance of a permit does not constitute determination by the 502
department of property ownership. 503
(r)(p) The department may not require any form of 504
subdivision analysis of property by an owner, developer, or 505
subdivider before submission of an application for an onsite 506
sewage treatment and disposal system. 507
(s)(q) This section does not limit the power of a 508
municipality or county to enforce other laws for the protection 509
of the public health and safety. 510
(t)(r) In the siting of onsite sewage treatment and 511
disposal systems, including drainfields, shoulders, and slopes, 512
guttering may not be required on single-family residential 513
dwelling units for systems located greater than 5 feet from the 514
roof drip line of the house. If guttering is used on residential 515
dwelling units, the downspouts shall be directed away from the 516
drainfield. 517
(u)(s) Notwithstanding subparagraph (i)1. (g)1., onsite 518
sewage treatment and disposal systems located in floodways of 519
the Suwannee and Aucilla Rivers must adhere to the following 520
requirements: 521
1. The absorption surface of the drainfield may not be 522
subject to flooding based on 10-year flood elevations. Provided, 523
however, for lots or parcels created by the subdivision of land 524
in accordance with applicable local government regulations 525

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 22 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

before January 17, 1990, if an applicant cannot construct a 526
drainfield system with the absorption surface of the drainfield 527
at an elevation equal to or above 10-year flood elevation, the 528
department shall issue a permit for an onsite sewage treatment 529
and disposal system within the 10-year floodplain of rivers, 530
streams, and other bodies of flowing water if all of the 531
following criteria are met: 532
a. The lot is at least one-half acre in size; 533
b. The bottom of the drainfield is at least 36 inches 534
above the 2-year flood elevation; and 535
c. The applicant installs a waterless, incinerating, or 536
organic waste composting toilet and a graywater system and 537
drainfield in accordance with department rules; an aerobic 538
treatment unit and drainfield in accordance with department 539
rules; a system that is capable of reducing effluent nitrate by 540
at least 50 percent in accordance with department rules; or a 541
system other than a system using alternative drainfield 542
materials in accordance with department rules. The United States 543
Department of Agriculture Soil Conservation Service soil maps, 544
State of Florida Water Management District data, and Federal 545
Emergency Management Agency Flood Insurance maps are resources 546
that shall be used to identify flood-prone areas. 547
2. The use of fill or mounding to elevate a drainfield 548
system out of the 10-year floodplain of rivers, streams, or 549
other bodies of flowing water may not be permitted if such a 550

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 23 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

system lies within a regulatory floodway of the Suwannee and 551
Aucilla Rivers. In cases where the 10-year flood elevation does 552
not coincide with the boundaries of the regulatory floodway, the 553
regulatory floodway will be considered for the purposes of this 554
subsection to extend at a minimum to the 10-year flood 555
elevation. 556
(v)1.(t)1. The owner of an aerobic treatment unit system 557
shall maintain a current maintenance service agreement with an 558
aerobic treatment unit maintenance entity permitted by the 559
department. The maintenance entity shall inspect each aerobic 560
treatment unit system at least twice each year and shall report 561
quarterly to the department on the number of aerobic treatment 562
unit systems inspected and serviced. The reports may be 563
submitted electronically. 564
2. The property owner of an owner-occupied, single-family 565
residence may be approved and permitted by the department as a 566
maintenance entity for his or her own aerobic treatment unit 567
system upon written certification from the system manufacturer's 568
approved representative that the property owner has received 569
training on the proper installation and service of the system. 570
The maintenance entity service agreement must conspicuously 571
disclose that the property owner has the right to maintain his 572
or her own system and is exempt from contractor registration 573
requirements for performing construction, maintenance, or 574
repairs on the system but is subject to all permitting 575

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 24 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

requirements. 576
3. A septic tank contractor licensed under part III of 577
chapter 489, if approved by the manufacturer, may not be denied 578
access by the manufacturer to aerobic treatment unit system 579
training or spare parts for maintenance entities. After the 580
original warranty period, component parts for an aerobic 581
treatment unit system may be replaced with parts that meet 582
manufacturer's specifications but are manufactured by others. 583
The maintenance entity shall maintain documentation of the 584
substitute part's equivalency for 2 years and shall provide such 585
documentation to the department upon request. 586
4. The owner of an aerobic treatment unit system shall 587
obtain a system operating permit from the department and allow 588
the department to inspect during reasonable hours each aerobic 589
treatment unit system at least annually, and such inspection may 590
include collection and analysis of system-effluent samples for 591
performance criteria established by rule of the department. 592
(w)(u) The department may require the submission of 593
detailed system construction plans that are prepared by a 594
professional engineer registered in this state. The department 595
shall establish by rule criteria for determining when such a 596
submission is required. 597
(x)(v) Any permit issued and approved by the department 598
for the installation, modification, or repair of an onsite 599
sewage treatment and disposal system shall transfer with the 600

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 25 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

title to the property in a real estate transaction. A title may 601
not be encumbered at the time of transfer by new permit 602
requirements by a governmental entity for an onsite sewage 603
treatment and disposal system which differ from the permitting 604
requirements in effect at the time the system was permitted, 605
modified, or repaired. An inspection of a system may not be 606
mandated by a governmental entity at the point of sale in a real 607
estate transaction. This paragraph does not affect a septic tank 608
phase-out deferral program implemented by a consolidated 609
government as defined in s. 9, Art. VIII of the State 610
Constitution of 1885. 611
(y)(w) A governmental entity, including a municipality, 612
county, or statutorily created commission, may not require an 613
engineer-designed performance-based treatment system, excluding 614
a passive engineer-designed performance-based treatment system, 615
before the completion of the Florida Onsite Sewage Nitrogen 616
Reduction Strategies Project. This paragraph does not apply to a 617
governmental entity, including a municipality, county, or 618
statutorily created commission, which adopted a local law, 619
ordinance, or regulation on or before January 31, 2012. 620
Notwithstanding this paragraph, an engineer-designed 621
performance-based treatment system may be used to meet the 622
requirements of the variance review and advisory committee 623
recommendations. 624
(z)1.(x)1. An onsite sewage treatment and disposal system 625

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 26 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

is not considered abandoned if the system is disconnected from a 626
structure that was made unusable or destroyed following a 627
disaster and if the system was properly functioning at the time 628
of disconnection and was not adversely affected by the disaster. 629
The onsite sewage treatment and disposal system may be 630
reconnected to a rebuilt structure if: 631
a. The reconnection of the system is to the same type of 632
structure which contains the same number of bedrooms or fewer, 633
if the square footage of the structure is less than or equal to 634
110 percent of the original square footage of the structure that 635
existed before the disaster; 636
b. The system is not a sanitary nuisance; and 637
c. The system has not been altered without prior 638
authorization. 639
2. An onsite sewage treatment and disposal system that 640
serves a property that is foreclosed upon is not considered 641
abandoned. 642
(aa)(y) If an onsite sewage treatment and disposal system 643
permittee receives, relies upon, and undertakes construction of 644
a system based upon a validly issued construction permit under 645
rules applicable at the time of construction but a change to a 646
rule occurs within 5 years after the approval of the system for 647
construction but before the final approval of the system, the 648
rules applicable and in effect at the time of construction 649
approval apply at the time of final approval if fundamental site 650

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 27 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

conditions have not changed between the time of construction 651
approval and final approval. 652
(bb)(z) An existing-system inspection or evaluation and 653
assessment, or a modification, replacement, or upgrade of an 654
onsite sewage treatment and disposal system is not required for 655
a remodeling addition or modification to a single-family home if 656
a bedroom is not added. However, a remodeling addition or 657
modification to a single-family home may not cover any part of 658
the existing system or encroach upon a required setback or the 659
unobstructed area. To determine if a setback or the unobstructed 660
area is impacted, the local health department shall review and 661
verify a floor plan and site plan of the proposed remodeling 662
addition or modification to the home submitted by a remodeler 663
which shows the location of the system, including the distance 664
of the remodeling addition or modification to the home from the 665
onsite sewage treatment and disposal system. The local health 666
department may visit the site or otherwise determine the best 667
means of verifying the information submitted. A verification of 668
the location of a system is not an inspection or evaluation and 669
assessment of the system. The review and verification must be 670
completed within 7 business days after receipt by the local 671
health department of a floor plan and site plan. If the review 672
and verification is not completed within such time, the 673
remodeling addition or modification to the single-family home, 674
for the purposes of this paragraph, is approved. 675

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 28 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Section 2. Effective July 1, 2026, subsection (10) is 676
added to section 381.0065, Florida Statutes, to read: 677
381.0065 Onsite sewage treatment and disposal systems; 678
regulation.— 679
(10) ADOPTION OF NEW RULES.—Any new rule for the use and 680
installation of onsite sewage treatment and disposal systems 681
adopted by the department under this section does not apply to 682
permit applications submitted within 90 days after the date such 683
rule is adopted. 684
Section 3. Paragraph (i) of subsection (2), paragraph (b) 685
of subsection (4), paragraph (j) of subsection (7), and 686
paragraph (a) of subsection (9) of section 380.0552, Florida 687
Statutes, are amended to read: 688
380.0552 Florida Keys Area; protection and designation as 689
area of critical state concern.— 690
(2) LEGISLATIVE INTENT.—It is the intent of the 691
Legislature to: 692
(i) Protect and improve the nearshore water quality of the 693
Florida Keys through federal, state, and local funding of water 694
quality improvement projects, including the construction and 695
operation of wastewater management facilities that meet the 696
requirements of ss. 381.0065(4)(n) and 403.086(11) ss. 697
381.0065(4)(l) and 403.086(11), as applicable. 698
(4) REMOVAL OF DESIGNATION.— 699
(b) Beginning November 30, 2010, the state land planning 700

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 29 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

agency shall annually submit a written report to the 701
Administration Commission describing the progress of the Florida 702
Keys Area toward completing the work program tasks specified in 703
commission rules. The land planning agency shall recommend 704
removing the Florida Keys Area from being designated as an area 705
of critical state concern to the commission if it determines 706
that: 707
1. All of the work program tasks have been completed, 708
including construction of, operation of, and connection to 709
central wastewater management facilities pursuant to s. 710
403.086(11) and upgrade of onsite sewage treatment and disposal 711
systems pursuant to s. 381.0065(4)(n) s. 381.0065(4)(l); 712
2. All local comprehensive plans and land development 713
regulations and the administration of such plans and regulations 714
are adequate to protect the Florida Keys Area, fulfill the 715
legislative intent specified in subsection (2), and are 716
consistent with and further the principles guiding development; 717
and 718
3. A local government has adopted a resolution at a public 719
hearing recommending the removal of the designation. 720
(7) PRINCIPLES FOR GUIDING DEVELOPMENT.—State, regional, 721
and local agencies and units of government in the Florida Keys 722
Area shall coordinate their plans and conduct their programs and 723
regulatory activities consistent with the principles for guiding 724
development as specified in chapter 27F-8, Florida 725

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 30 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

Administrative Code, as amended effective August 23, 1984, which 726
is adopted and incorporated herein by reference. For the 727
purposes of reviewing the consistency of the adopted plan, or 728
any amendments to that plan, with the principles for guiding 729
development, and any amendments to the principles, the 730
principles shall be construed as a whole and specific provisions 731
may not be construed or applied in isolation from the other 732
provisions. However, the principles for guiding development are 733
repealed 18 months from July 1, 1986. After repeal, any plan 734
amendments must be consistent with the following principles: 735
(j) Ensuring the improvement of nearshore water quality by 736
requiring the construction and operation of wastewater 737
management facilities that meet the requirements of ss. 738
381.0065(4)(n) and 403.086(11) ss. 381.0065(4)(l) and 739
403.086(11), as applicable, and by directing growth to areas 740
served by central wastewater treatment facilities through permit 741
allocation systems. 742
(9) MODIFICATION TO PLANS AND REGULATIONS.— 743
(a) Any land development regulation or element of a local 744
comprehensive plan in the Florida Keys Area may be enacted, 745
amended, or rescinded by a local government, but the enactment, 746
amendment, or rescission becomes effective only upon approval by 747
the state land planning agency. The state land planning agency 748
shall review the proposed change to determine if it is in 749
compliance with the principles for guiding development specified 750

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 31 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

in chapter 27F-8, Florida Administrative Code, as amended 751
effective August 23, 1984, and must approve or reject the 752
requested changes within 60 days after receipt. Amendments to 753
local comprehensive plans in the Florida Keys Area must also be 754
reviewed for compliance with the following: 755
1. Construction schedules and detailed capital financing 756
plans for wastewater management improvements in the annually 757
adopted capital improvements element, and standards for the 758
construction of wastewater treatment and disposal facilities or 759
collection systems that meet or exceed the criteria in s. 760
403.086(11) for wastewater treatment and disposal facilities or 761
s. 381.0065(4)(n) s. 381.0065(4)(l) for onsite sewage treatment 762
and disposal systems. 763
2. Goals, objectives, and policies to protect public 764
safety and welfare in the event of a natural disaster by 765
maintaining a hurricane evacuation clearance time for permanent 766
residents of no more than 24.5 hours. The hurricane evacuation 767
clearance time shall be determined by a hurricane evacuation 768
study conducted in accordance with a professionally accepted 769
methodology and approved by the state land planning agency. For 770
purposes of hurricane evacuation clearance time: 771
a. Mobile home residents are not considered permanent 772
residents. 773
b. The City of Key West Area of Critical State Concern 774
established by chapter 28-36, Florida Administrative Code, shall 775

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 32 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

be included in the hurricane evacuation study and is subject to 776
the evacuation requirements of this subsection. 777
Section 4. Paragraph (c) of subsection (6) of section 778
381.00651, Florida Statutes, is amended to read: 779
381.00651 Periodic evaluation and assessment of onsite 780
sewage treatment and disposal systems.— 781
(6) The requirements for an onsite sewage treatment and 782
disposal system evaluation and assessment program are as 783
follows: 784
(c) Repair of systems.—The local ordinance may not require 785
a repair, modification, or replacement of a system as a result 786
of an evaluation unless the evaluation identifies a system 787
failure. For purposes of this subsection, the term "system 788
failure" means a condition existing within an onsite sewage 789
treatment and disposal system which results in the discharge of 790
untreated or partially treated wastewater onto the ground 791
surface or into surface water or that results in the failure of 792
building plumbing to discharge properly and presents a sanitary 793
nuisance. A system is not in failure if the system does not have 794
a minimum separation distance between the drainfield and the 795
wettest season water table or if an obstruction in a sanitary 796
line or an effluent screen or filter prevents effluent from 797
flowing into a drainfield. If a system failure is identified and 798
several allowable remedial measures are available to resolve the 799
failure, the system owner may choose the least costly allowable 800

ENROLLED
CS/CS/CS/HB 589, Engrossed 1 2026 Legislature

CODING: Words stricken are deletions; words underlined are additions.
hb589 -04-er
Page 33 of 33
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

remedial measure to fix the system. There may be instances in 801
which a pump-out is sufficient to resolve a system failure. 802
Allowable remedial measures to resolve a system failure are 803
limited to what is necessary to resolve the failure and must 804
meet, to the maximum extent practicable, the requirements of the 805
repair code in effect when the repair is made, subject to the 806
exceptions specified in s. 381.0065(4)(i) s. 381.0065(4)(g). An 807
engineer-designed performance-based treatment system to reduce 808
nutrients may not be required as an alternative remediation 809
measure to resolve the failure of a conventional system. 810
Section 5. Except as otherwise expressly provided in this 811
act, this act shall take effect upon becoming a law. 812