Florida 2026 Session Status: Introduced 1 R cosponsors

SB 698 — Onsite Sewage Treatment and Disposal System Permits

Last action — Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 589 (Ch. 2026-62)

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced December 02, 2025. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Prognosis

Stalled 28% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • Introduced

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

  • Cleared a recorded vote

    Passed 5 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Onsite Sewage Treatment and Disposal System Permits; Prohibiting a municipality or political subdivision of the state from requiring owners and builders of certain residences to receive construction permits from the Department of Environmental Protection as a condition of issuing building or plumbing permits; requiring such owners and builders to provide certain proof to the municipality or political subdivision; requiring an applicant for a permit for the construction of an onsite sewage treatment and disposal system or a property owner to assume specified liabilities under certain circumstances, etc.

Bill Text

What changed in the latest version

849 added · 858 removed

849 line(s) added, 858 removed.

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Florida Senate - 2026 CS for CS for SB 698 By the Committees on Rules;
Florida Senate - 2026 CS for SB 698 By the Committee on Environment and Natural Resources;
and Environment and Natural Resources;
and Senator Martin 592-02038-26 2026698c1 A bill to be entitled An act relating to onsite sewage treatment and disposal system permits;
and Senator Martin 595-03198-26 2026698c2 A bill to be entitled An act relating to onsite sewage treatment and disposal system permits;
requiring an applicant for a permit for the construction of an onsite sewage treatment and disposal system or a property owner to assume specified liabilities under certain circumstances;
The department may issue permits to Page 1 of 28 CODING:
The department may issue permits to carry out this section, except that the issuance of a permit for work seaward of the coastal construction control line established under s.
161.053 shall be contingent upon receipt of any required coastal construction control line permit from the Page 1 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 carry out this section, except that the issuance of a permit for work seaward of the coastal construction control line established under s.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 department.
161.053 shall be contingent upon receipt of any required coastal construction control line permit from the department.
A person may not contract to construct, modify, alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment Page 2 of 28 CODING:
A person may not contract to construct, modify, alter, repair, service, abandon, or maintain any portion of an onsite sewage treatment and disposal system without being registered under part III of chapter 489.
A property owner who personally performs construction, maintenance, or repairs to a system serving his or her own owner-occupied single-family residence is exempt from Page 2 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 and disposal system without being registered under part III of chapter 489.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 registration requirements for performing such construction, maintenance, or repairs on that residence, but is subject to all permitting requirements.
A property owner who personally performs construction, maintenance, or repairs to a system serving his or her own owner-occupied single-family residence is exempt from registration requirements for performing such construction, maintenance, or repairs on that residence, but is subject to all permitting requirements.
The owner or builder of the single-family residence must provide to a municipality or political subdivision proof that Page 3 of 28 CODING:
The owner or builder of the single-family residence must provide to a municipality or political subdivision proof that the owner or builder submitted an application for the onsite sewage treatment and disposal system when applying for a building and plumbing permit.
(b)(a) Subdivisions and lots in which each lot has a Page 3 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 the owner or builder submitted an application for the onsite sewage treatment and disposal system when applying for a building and plumbing permit.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 minimum area of at least one-half acre and either a minimum dimension of 100 feet or a mean of at least 100 feet of the side bordering the street and the distance formed by a line parallel to the side bordering the street drawn between the two most distant points of the remainder of the lot may be developed with a water system regulated under s.
(b) If construction of the onsite sewage treatment and disposal system commences before the issuance of the permit for the onsite sewage treatment and disposal system, the property owner or the applicant must assume all legal, financial, and safety liabilities arising therefrom.
(c)(a) Subdivisions and lots in which each lot has a minimum area of at least one-half acre and either a minimum dimension of 100 feet or a mean of at least 100 feet of the side bordering the street and the distance formed by a line parallel to the side bordering the street drawn between the two most distant points of the remainder of the lot may be developed with a water system regulated under s.
(d)(b) Subdivisions and lots using a public water system as defined in s.
(c)(b) Subdivisions and lots using a public water system as defined in s.
Page 4 of 28 CODING:
(d)(c) Notwithstanding paragraphs (a) and (b) and (c), for subdivisions platted of record on or before October 1, 1991, when a developer or other appropriate entity has previously made or makes provisions, including financial assurances or other commitments, acceptable to the department, that a central water system will be installed by a regulated public utility based on a density formula, private potable wells may be used with onsite sewage treatment and disposal systems until the agreed-upon densities are reached.
In a subdivision regulated by this Page 4 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 (e)(c) Notwithstanding paragraphs (c) and (d) (a) and (b), for subdivisions platted of record on or before October 1, 1991, when a developer or other appropriate entity has previously made or makes provisions, including financial assurances or other commitments, acceptable to the department, that a central water system will be installed by a regulated public utility based on a density formula, private potable wells may be used with onsite sewage treatment and disposal systems until the agreed-upon densities are reached.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 paragraph, the average daily sewage flow may not exceed 2,500 gallons per acre per day.
In a subdivision regulated by this paragraph, the average daily sewage flow may not exceed 2,500 gallons per acre per day.
(f)(d) Paragraphs (c) and (d) (a) and (b) do not apply to any proposed residential subdivision with more than 50 lots or to any proposed commercial subdivision with more than 5 lots where a publicly owned or investor-owned sewage treatment system is available.
(e)(d) Paragraphs (a) and (b) and (c) do not apply to any proposed residential subdivision with more than 50 lots or to any proposed commercial subdivision with more than 5 lots where a publicly owned or investor-owned sewage treatment system is available.
(g)(e) The department shall adopt rules relating to the location of onsite sewage treatment and disposal systems, including establishing setback distances, to prevent groundwater contamination and surface water contamination and to preserve the public health.
(f)(e) The department shall adopt rules relating to the location of onsite sewage treatment and disposal systems, including establishing setback distances, to prevent groundwater contamination and surface water contamination and to preserve the public health.
The rules must consider conventional and enhanced nutrient-reducing onsite sewage treatment and disposal system designs, impaired or degraded water bodies, domestic wastewater and drinking water infrastructure, potable water Page 5 of 28 CODING:
The rules must consider conventional and enhanced nutrient-reducing onsite sewage treatment and disposal system designs, impaired or degraded water bodies, domestic wastewater and drinking water infrastructure, potable water sources, nonpotable wells, stormwater infrastructure, the onsite sewage treatment and disposal system remediation plans developed pursuant to s.
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words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 sources, nonpotable wells, stormwater infrastructure, the onsite sewage treatment and disposal system remediation plans developed pursuant to s.
The rules must also allow a person to apply for and receive a variance from a rule requirement upon demonstration that the requirement would cause an undue hardship and granting the variance would not cause or contribute to the exceedance of a total maximum daily load.
The rules must also allow a person to apply for and receive a variance from a rule requirement upon demonstration that the requirement would cause an undue hardship and granting the variance would not cause or contribute to the Page 5 of 28 CODING:
(h)(f) Onsite sewage treatment and disposal systems that are permitted before June 21, 2022, may not be placed closer than:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 exceedance of a total maximum daily load.
(g)(f) Onsite sewage treatment and disposal systems that are permitted before June 21, 2022, may not be placed closer than:
Fifteen feet from the design high-water line of Page 6 of 28 CODING:
Fifteen feet from the design high-water line of retention areas, detention areas, or swales designed to contain standing or flowing water for less than 72 hours after a rainfall or the design high-water level of normally dry drainage ditches or normally dry individual lot stormwater retention areas.
(h)(g) This section and rules adopted under this section relating to soil condition, water table elevation, distance, and other setback requirements must be equally applied to all lots, with the following exceptions:
Page 6 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 retention areas, detention areas, or swales designed to contain standing or flowing water for less than 72 hours after a rainfall or the design high-water level of normally dry drainage ditches or normally dry individual lot stormwater retention areas.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 1.
(i)(g) This section and rules adopted under this section relating to soil condition, water table elevation, distance, and other setback requirements must be equally applied to all lots, with the following exceptions:
1.
In determining the maximum extent of compliance with current rules that is Page 7 of 28 CODING:
In determining the maximum extent of compliance with current rules that is possible, the department shall allow structures and appurtenances thereto which were authorized at the time such lots were platted and recorded or approved.
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words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 possible, the department shall allow structures and appurtenances thereto which were authorized at the time such lots were platted and recorded or approved.
Two thousand five hundred gallons per acre per day for lots served by public water systems as defined in s.
Two thousand five hundred gallons per acre per day for Page 7 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 lots served by public water systems as defined in s.
(j)1.(h)1.
(i)1.(h)1.
A reasonable alternative, taking into consideration Page 8 of 28 CODING:
A reasonable alternative, taking into consideration factors such as cost, does not exist for the treatment of the sewage;
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words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 factors such as cost, does not exist for the treatment of the sewage;
Where soil conditions, water table elevation, and setback provisions are determined by the department to be satisfactory, special consideration must be given to those lots platted before 1972.
Where soil conditions, water table elevation, and setback provisions are determined by the department to be satisfactory, Page 8 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 special consideration must be given to those lots platted before 1972.
(IV) A representative from the septic tank industry Page 9 of 28 CODING:
(IV) A representative from the septic tank industry recommended by the Florida Onsite Wastewater Association.
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Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 recommended by the Florida Onsite Wastewater Association.
Members shall be appointed for a term of 3 years, with such appointments being staggered so that the terms of no more than two members expire in any one year.
Members shall be appointed for a term of 3 years, with Page 9 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 such appointments being staggered so that the terms of no more than two members expire in any one year.
(k)(i) A construction permit may not be issued for an onsite sewage treatment and disposal system in any area zoned or used for industrial or manufacturing purposes, or its equivalent, where a publicly owned or investor-owned sewage treatment system is available, or where a likelihood exists that the system will receive toxic, hazardous, or industrial waste.
(j)(i) A construction permit may not be issued for an onsite sewage treatment and disposal system in any area zoned or used for industrial or manufacturing purposes, or its equivalent, where a publicly owned or investor-owned sewage treatment system is available, or where a likelihood exists that the system will receive toxic, hazardous, or industrial waste.
An existing onsite sewage treatment and disposal system may be repaired if a publicly owned or investor-owned sewage treatment system is not available within 500 feet of the building sewer stub-out and if system construction and operation standards can Page 10 of 28 CODING:
An existing onsite sewage treatment and disposal system may be repaired if a publicly owned or investor-owned sewage treatment system is not available within 500 feet of the building sewer stub-out and if system construction and operation standards can be met.
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words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 be met.
The department may not grant approval when the proposed use of the system is to dispose of toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals.
The department may not grant approval when the proposed use of the Page 10 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 system is to dispose of toxic, hazardous, or industrial wastewater or toxic or hazardous chemicals.
The department shall periodically review and evaluate the continued use of onsite sewage treatment and disposal Page 11 of 28 CODING:
The department shall periodically review and evaluate the continued use of onsite sewage treatment and disposal systems in areas zoned or used for industrial or manufacturing purposes, or its equivalent, and may require the collection and analyses of samples from within and around such systems.
If the department finds that toxic or hazardous chemicals or toxic, hazardous, or industrial wastewater have been or are being disposed of through an onsite sewage treatment and disposal system, the department shall initiate enforcement actions against the owner or tenant to ensure adequate cleanup, treatment, and disposal.
Page 11 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 systems in areas zoned or used for industrial or manufacturing purposes, or its equivalent, and may require the collection and analyses of samples from within and around such systems.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 (k)(j) An onsite sewage treatment and disposal system designed by a professional engineer registered in the state and certified by such engineer as complying with performance criteria adopted by the department must be approved by the department subject to the following:
If the department finds that toxic or hazardous chemicals or toxic, hazardous, or industrial wastewater have been or are being disposed of through an onsite sewage treatment and disposal system, the department shall initiate enforcement actions against the owner or tenant to ensure adequate cleanup, treatment, and disposal.
(l)(j) An onsite sewage treatment and disposal system designed by a professional engineer registered in the state and certified by such engineer as complying with performance criteria adopted by the department must be approved by the department subject to the following:
A person electing to use an engineer-designed system shall, upon completion of the system design, submit such design, certified by a registered professional engineer, to the county Page 12 of 28 CODING:
A person electing to use an engineer-designed system shall, upon completion of the system design, submit such design, certified by a registered professional engineer, to the county health department.
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Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 health department.
Within 15 working days after receiving a complete application for an engineer-designed system, the county health department shall issue the permit or, if it determines that the system does not comply with the performance criteria, shall notify the applicant of that determination and refer the application to the department for a determination as to whether the system should be approved, disapproved, or approved with modification.
Within 15 working days after receiving a complete application for an engineer-designed system, the county health department shall issue the permit or, if it determines that the Page 12 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 system does not comply with the performance criteria, shall notify the applicant of that determination and refer the application to the department for a determination as to whether the system should be approved, disapproved, or approved with modification.
The property owner of an owner-occupied, single-family residence may be approved and permitted by the department as a maintenance entity for his or her own performance-based treatment system upon written certification from the system Page 13 of 28 CODING:
The property owner of an owner-occupied, single-family residence may be approved and permitted by the department as a maintenance entity for his or her own performance-based treatment system upon written certification from the system manufacturer’s approved representative that the property owner has received training on the proper installation and service of the system.
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Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 manufacturer’s approved representative that the property owner has received training on the proper installation and service of the system.
The property owner shall obtain a biennial system operating permit from the department for each system.
The property owner shall obtain a biennial system Page 13 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 operating permit from the department for each system.
(m)(k) An innovative system may be approved in conjunction with an engineer-designed site-specific system that is certified by the engineer to meet the performance-based criteria adopted by the department.
(l)(k) An innovative system may be approved in conjunction with an engineer-designed site-specific system that is certified by the engineer to meet the performance-based criteria adopted by the department.
(n)(l) For the Florida Keys, the department shall adopt a special rule for the construction, installation, modification, operation, repair, maintenance, and performance of onsite sewage treatment and disposal systems which considers the unique soil conditions and water table elevations, densities, and setback Page 14 of 28 CODING:
(m)(l) For the Florida Keys, the department shall adopt a special rule for the construction, installation, modification, operation, repair, maintenance, and performance of onsite sewage treatment and disposal systems which considers the unique soil conditions and water table elevations, densities, and setback requirements.
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Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 requirements.
The county, each municipality, and those special districts established for the purpose of the collection, transmission, treatment, or disposal of sewage shall ensure, in accordance with the specific schedules adopted by the Administration Commission under s.
The county, each municipality, and those special districts established for the purpose of the collection, Page 14 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 transmission, treatment, or disposal of sewage shall ensure, in accordance with the specific schedules adopted by the Administration Commission under s.
In addition, onsite sewage treatment and disposal systems Page 15 of 28 CODING:
In addition, onsite sewage treatment and disposal systems discharging to an injection well must provide basic disinfection as defined by department rule.
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words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 discharging to an injection well must provide basic disinfection as defined by department rule.
In areas scheduled to be served by a central sewerage system by December 31, 2015, if the property owner has paid a connection fee or assessment for connection to the central sewerage system, the property owner may install a holding tank with a high water alarm or an onsite sewage treatment and disposal system that meets the following minimum standards:
In areas scheduled to be served by a central sewerage system by December 31, 2015, if the property owner has paid a connection fee or assessment for connection to the central Page 15 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 sewerage system, the property owner may install a holding tank with a high water alarm or an onsite sewage treatment and disposal system that meets the following minimum standards:
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8.
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Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 8.
(o)(m) A product sold in the state for use in onsite sewage treatment and disposal systems may not contain any substance in concentrations or amounts that would interfere with or prevent the successful operation of such system, or that would cause discharges from such systems to violate applicable water quality standards.
(n)(m) A product sold in the state for use in onsite sewage treatment and disposal systems may not contain any substance in concentrations or amounts that would interfere with or prevent Page 16 of 28 CODING:
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Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 the successful operation of such system, or that would cause discharges from such systems to violate applicable water quality standards.
(p)(n) Evaluations for determining the seasonal high-water table elevations or the suitability of soils for the use of a new onsite sewage treatment and disposal system shall be performed by department personnel, professional engineers registered in the state, or such other persons with expertise, as defined by rule, in making such evaluations.
(o)(n) Evaluations for determining the seasonal high-water table elevations or the suitability of soils for the use of a new onsite sewage treatment and disposal system shall be performed by department personnel, professional engineers registered in the state, or such other persons with expertise, as defined by rule, in making such evaluations.
(p)(o) An application for an onsite sewage treatment and disposal system permit shall be completed in full, signed by the owner or the owner’s authorized representative, or by a contractor licensed under chapter 489, and shall be accompanied by all required exhibits and fees.
Specific documentation of property ownership is not required as a prerequisite to the review of an application or the issuance of a permit.
The issuance of a permit does not constitute determination by the department of property ownership.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 (q)(o) An application for an onsite sewage treatment and disposal system permit shall be completed in full, signed by the owner or the owner’s authorized representative, or by a contractor licensed under chapter 489, and shall be accompanied by all required exhibits and fees.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 (q)(p) The department may not require any form of subdivision analysis of property by an owner, developer, or subdivider before submission of an application for an onsite sewage treatment and disposal system.
Specific documentation of property ownership is not required as a prerequisite to the review of an application or the issuance of a permit.
(r)(q) This section does not limit the power of a municipality or county to enforce other laws for the protection of the public health and safety.
The issuance of a permit does not constitute determination by the department of property ownership.
(s)(r) In the siting of onsite sewage treatment and disposal systems, including drainfields, shoulders, and slopes, guttering may not be required on single-family residential dwelling units for systems located greater than 5 feet from the roof drip line of the house.
(r)(p) The department may not require any form of subdivision analysis of property by an owner, developer, or subdivider before submission of an application for an onsite sewage treatment and disposal system.
(s)(q) This section does not limit the power of a municipality or county to enforce other laws for the protection of the public health and safety.
(t)(r) In the siting of onsite sewage treatment and disposal systems, including drainfields, shoulders, and slopes, guttering may not be required on single-family residential dwelling units for systems located greater than 5 feet from the roof drip line of the house.
(u)(s) Notwithstanding subparagraph (i)1.
(t)(s) Notwithstanding subparagraph (h)1.
Provided, Page 18 of 28 CODING:
Provided, however, for lots or parcels created by the subdivision of land in accordance with applicable local government regulations before January 17, 1990, if an applicant cannot construct a drainfield system with the absorption surface of the drainfield at an elevation equal to or above 10-year flood elevation, the department shall issue a permit for an onsite sewage treatment and disposal system within the 10-year floodplain of rivers, streams, and other bodies of flowing water if all of the following criteria are met:
Page 18 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 however, for lots or parcels created by the subdivision of land in accordance with applicable local government regulations before January 17, 1990, if an applicant cannot construct a drainfield system with the absorption surface of the drainfield at an elevation equal to or above 10-year flood elevation, the department shall issue a permit for an onsite sewage treatment and disposal system within the 10-year floodplain of rivers, streams, and other bodies of flowing water if all of the following criteria are met:
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 a.
a.
In cases where the 10-year flood elevation does Page 19 of 28 CODING:
In cases where the 10-year flood elevation does not coincide with the boundaries of the regulatory floodway, the regulatory floodway will be considered for the purposes of this subsection to extend at a minimum to the 10-year flood elevation.
(u)1.(t)1.
The owner of an aerobic treatment unit system shall maintain a current maintenance service agreement with an aerobic treatment unit maintenance entity permitted by the department.
The maintenance entity shall inspect each aerobic treatment unit system at least twice each year and shall report Page 19 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 not coincide with the boundaries of the regulatory floodway, the regulatory floodway will be considered for the purposes of this subsection to extend at a minimum to the 10-year flood elevation.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 quarterly to the department on the number of aerobic treatment unit systems inspected and serviced.
(v)1.(t)1.
The owner of an aerobic treatment unit system shall maintain a current maintenance service agreement with an aerobic treatment unit maintenance entity permitted by the department.
The maintenance entity shall inspect each aerobic treatment unit system at least twice each year and shall report quarterly to the department on the number of aerobic treatment unit systems inspected and serviced.
After the original warranty period, component parts for an aerobic Page 20 of 28 CODING:
After the original warranty period, component parts for an aerobic treatment unit system may be replaced with parts that meet manufacturer’s specifications but are manufactured by others.
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Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 treatment unit system may be replaced with parts that meet manufacturer’s specifications but are manufactured by others.
The owner of an aerobic treatment unit system shall obtain a system operating permit from the department and allow the department to inspect during reasonable hours each aerobic treatment unit system at least annually, and such inspection may include collection and analysis of system-effluent samples for performance criteria established by rule of the department.
The owner of an aerobic treatment unit system shall obtain a system operating permit from the department and allow the department to inspect during reasonable hours each aerobic treatment unit system at least annually, and such inspection may Page 20 of 28 CODING:
(w)(u) The department may require the submission of detailed system construction plans that are prepared by a professional engineer registered in this state.
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words underlined are additions.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 include collection and analysis of system-effluent samples for performance criteria established by rule of the department.
(v)(u) The department may require the submission of detailed system construction plans that are prepared by a professional engineer registered in this state.
(x)(v) Any permit issued and approved by the department for the installation, modification, or repair of an onsite sewage treatment and disposal system shall transfer with the title to the property in a real estate transaction.
(w)(v) Any permit issued and approved by the department for the installation, modification, or repair of an onsite sewage treatment and disposal system shall transfer with the title to the property in a real estate transaction.
(x)(w) A governmental entity, including a municipality, county, or statutorily created commission, may not require an engineer-designed performance-based treatment system, excluding a passive engineer-designed performance-based treatment system, before the completion of the Florida Onsite Sewage Nitrogen Reduction Strategies Project.
This paragraph does not apply to a governmental entity, including a municipality, county, or statutorily created commission, which adopted a local law, ordinance, or regulation on or before January 31, 2012.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 (y)(w) A governmental entity, including a municipality, county, or statutorily created commission, may not require an engineer-designed performance-based treatment system, excluding a passive engineer-designed performance-based treatment system, before the completion of the Florida Onsite Sewage Nitrogen Reduction Strategies Project.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 Notwithstanding this paragraph, an engineer-designed performance-based treatment system may be used to meet the requirements of the variance review and advisory committee recommendations.
This paragraph does not apply to a governmental entity, including a municipality, county, or statutorily created commission, which adopted a local law, ordinance, or regulation on or before January 31, 2012.
(y)1.(x)1.
Notwithstanding this paragraph, an engineer-designed performance-based treatment system may be used to meet the requirements of the variance review and advisory committee recommendations.
(z)1.(x)1.
An onsite sewage treatment and disposal system that Page 22 of 28 CODING:
An onsite sewage treatment and disposal system that serves a property that is foreclosed upon is not considered abandoned.
(z)(y) If an onsite sewage treatment and disposal system permittee receives, relies upon, and undertakes construction of a system based upon a validly issued construction permit under rules applicable at the time of construction but a change to a rule occurs within 5 years after the approval of the system for construction but before the final approval of the system, the rules applicable and in effect at the time of construction Page 22 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 serves a property that is foreclosed upon is not considered abandoned.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 approval apply at the time of final approval if fundamental site conditions have not changed between the time of construction approval and final approval.
(aa)(y) If an onsite sewage treatment and disposal system permittee receives, relies upon, and undertakes construction of a system based upon a validly issued construction permit under rules applicable at the time of construction but a change to a rule occurs within 5 years after the approval of the system for construction but before the final approval of the system, the rules applicable and in effect at the time of construction approval apply at the time of final approval if fundamental site conditions have not changed between the time of construction approval and final approval.
(aa)(z) An existing-system inspection or evaluation and assessment, or a modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition or modification to a single-family home if a bedroom is not added.
(bb)(z) An existing-system inspection or evaluation and assessment, or a modification, replacement, or upgrade of an onsite sewage treatment and disposal system is not required for a remodeling addition or modification to a single-family home if a bedroom is not added.
A verification of the location of a system is not an inspection or evaluation and Page 23 of 28 CODING:
A verification of the location of a system is not an inspection or evaluation and assessment of the system.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 assessment of the system.
regulation.— (10) ADOPTION OF NEW RULES.—Any new rule for the use and installation of onsite sewage treatment and disposal systems adopted by the department under this section does not apply to permit applications submitted within 90 days after the date such rule is adopted.
Page 23 of 28 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 regulation.— (10) ADOPTION OF NEW RULES.—Any new rule for the use and installation of onsite sewage treatment and disposal systems adopted by the department under this section does not apply to permit applications submitted within 120 days after the date such rule is adopted.
381.0065(4)(n) and 403.086(11) ss.
381.0065(4)(m) and 403.086(11) ss.
(4) REMOVAL OF DESIGNATION.— (b) Beginning November 30, 2010, the state land planning agency shall annually submit a written report to the Administration Commission describing the progress of the Florida Keys Area toward completing the work program tasks specified in commission rules.
The land planning agency shall recommend removing the Florida Keys Area from being designated as an area of critical state concern to the commission if it determines that:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 (4) REMOVAL OF DESIGNATION.— (b) Beginning November 30, 2010, the state land planning agency shall annually submit a written report to the Administration Commission describing the progress of the Florida Keys Area toward completing the work program tasks specified in commission rules.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 1.
The land planning agency shall recommend removing the Florida Keys Area from being designated as an area of critical state concern to the commission if it determines that:
1.
381.0065(4)(n) s.
381.0065(4)(m) s.
For the Page 25 of 28 CODING:
For the purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other provisions.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 purposes of reviewing the consistency of the adopted plan, or any amendments to that plan, with the principles for guiding development, and any amendments to the principles, the principles shall be construed as a whole and specific provisions may not be construed or applied in isolation from the other provisions.
(j) Ensuring the improvement of nearshore water quality by requiring the construction and operation of wastewater management facilities that meet the requirements of ss.
(j) Ensuring the improvement of nearshore water quality by Page 25 of 28 CODING:
381.0065(4)(n) and 403.086(11) ss.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 requiring the construction and operation of wastewater management facilities that meet the requirements of ss.
381.0065(4)(m) and 403.086(11) ss.
Construction schedules and detailed capital financing Page 26 of 28 CODING:
Construction schedules and detailed capital financing plans for wastewater management improvements in the annually adopted capital improvements element, and standards for the construction of wastewater treatment and disposal facilities or collection systems that meet or exceed the criteria in s.
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 plans for wastewater management improvements in the annually adopted capital improvements element, and standards for the construction of wastewater treatment and disposal facilities or collection systems that meet or exceed the criteria in s.
381.0065(4)(n) s.
381.0065(4)(m) s.
Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a hurricane evacuation clearance time for permanent residents of no more than 24.5 hours.
Goals, objectives, and policies to protect public safety and welfare in the event of a natural disaster by maintaining a Page 26 of 28 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 hurricane evacuation clearance time for permanent residents of no more than 24.5 hours.
(c) Repair of systems.—The local ordinance may not require Page 27 of 28 CODING:
(c) Repair of systems.—The local ordinance may not require a repair, modification, or replacement of a system as a result of an evaluation unless the evaluation identifies a system failure.
For purposes of this subsection, the term “system failure” means a condition existing within an onsite sewage treatment and disposal system which results in the discharge of untreated or partially treated wastewater onto the ground surface or into surface water or that results in the failure of building plumbing to discharge properly and presents a sanitary nuisance.
A system is not in failure if the system does not have Page 27 of 28 CODING:
Florida Senate - 2026 CS for CS for SB 698 595-03198-26 2026698c2 a repair, modification, or replacement of a system as a result of an evaluation unless the evaluation identifies a system failure.
Florida Senate - 2026 CS for SB 698 592-02038-26 2026698c1 a minimum separation distance between the drainfield and the wettest season water table or if an obstruction in a sanitary line or an effluent screen or filter prevents effluent from flowing into a drainfield.
For purposes of this subsection, the term “system failure” means a condition existing within an onsite sewage treatment and disposal system which results in the discharge of untreated or partially treated wastewater onto the ground surface or into surface water or that results in the failure of building plumbing to discharge properly and presents a sanitary nuisance.
A system is not in failure if the system does not have a minimum separation distance between the drainfield and the wettest season water table or if an obstruction in a sanitary line or an effluent screen or filter prevents effluent from flowing into a drainfield.
381.0065(4)(i) s.
381.0065(4)(h) s.
Except as expressly provided in this act, this act shall take effect upon becoming a law.
Except as otherwise expressly provided in this act, this act shall take effect upon becoming a law.
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Action History

  1. Laid on Table, companion bill(s) passed, see CS/CS/CS/HB 589 (Ch. 2026-62) -SJ 756

  2. Substituted CS/CS/CS/HB 589 -SJ 756

  3. Read 2nd time -SJ 756

  4. Placed on Special Order Calendar, 03/11/26

  5. CS/CS by Rules read 1st time

  6. Placed on Calendar, on 2nd reading

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS/CS by- Rules; YEAS 22 NAYS 0

  9. On Committee agenda-- Rules, 02/24/26, 12:00 pm, 412 Knott Building

  10. Now in Rules

  11. Favorable by Community Affairs; YEAS 8 NAYS 0

  12. On Committee agenda-- Community Affairs, 02/03/26, 3:30 pm, 37 Senate Building

  13. CS by Environment and Natural Resources read 1st time

  14. Now in Community Affairs

  15. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  16. CS by Environment and Natural Resources; YEAS 7 NAYS 1

  17. On Committee agenda-- Environment and Natural Resources, 01/20/26, 1:00 pm, 110 Senate Building

  18. Introduced

  19. Referred to Environment and Natural Resources; Community Affairs; Rules

  20. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on · 1 voted No

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 22 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Republican 17001
Democrat 5000
No Party Affiliation 0001
Total 22002
% of votes cast 92%0%0%8%
How each member voted (24)
Member Party Vote
Berman, Lori Democrat Yea
Davis, Tracie Democrat Yea
Jones, Shevrin D. "Shev" Democrat Yea
Osgood, Rosalind Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Not Voting
Boyd, Jim Republican Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Burgess, Danny Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Gaetz, Don Republican Yea
Garcia, Ileana Republican Yea
Grall, Erin Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Not Voting
Martin, Jonathan Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Simon, Corey Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Subjects

housing environment
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Frequently asked questions

What does SB 698 do?
Onsite Sewage Treatment and Disposal System Permits; Prohibiting a municipality or political subdivision of the state from requiring owners and builders of certain residences to receive construction permits from the Department of Environmental Protection as a condition of issuing building or plumbing permits; requiring such owners and builders to provide certain proof to the municipality or political subdivision; requiring an applicant for a permit for the construction of an onsite sewage treatment and disposal system or a property owner to assume specified liabilities under certain circumstances, etc.
Who sponsors SB 698?
SB 698 is sponsored by Martin, Jonathan (Republican).
What is the current status of SB 698?
This bill has been introduced in the Senate. Introduced December 02, 2025. It must pass committee before a floor vote.
Where can I track SB 698?
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