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Battle Over Required Septic Tank Inspections Rages On
November 14, 2010
The push to weaken septic tank legislation approved last spring by lawmakers is dividing the usually united Florida Senate, with a former lawmaker bristling at a rising Senate leader who has accused him of misleading the chamber about the measure.
Former Sen. Lee Constantine, R-Altamonte Springs, term-limited after 18 years in the Legislature, fired off a letter to lawmakers this week saying he was insulted by their plans to rewrite a measure he saw as the capstone of his legislative career.
When Constantine said farewell to the Florida Senate last April, fellow lawmakers framed the bill (SB 550) and presented it to him. Now Sen. Don Gaetz, R-Niceville, is leading the drive to send Constantine’s crowning legislation to the scrap heap.
“When I entered into public office, I committed to do all that I could to treat people fairly and tell them the truth,” Constantine wrote in a letter to all senators this week. “In the last month of my service, there has been an unfortunate attempt to tarnish this record regarding the passage of SB 550.
“As my final action before I leave, I feel compelled to set the record straight. Whether you agree with the policy or not, it is important to understand the history on this important piece of legislation,” he continued. “The septic tank inspection program as part of SB 550 arose over the course of many months. The language was discussed at length with many interested parties and individual senators.”
But Gaetz, who along with other lawmakers in the Panhandle, have been under fire from voters concerned about the potential costs of a strict state inspection program, disputed Constantine’s account.
Gaetz on Friday called Constantine’s push back “a wonderful piece of science fiction.”
“I think Sen. Constantine failed to include in his letter conversations he had with senators, including me, in which he did not completely or thoroughly explain the impact of this amendment that he added,” said Gaetz, in line to succeed incoming Senate President Mike Haridopolos, R-Merritt Island. “He is entitled to his opinion. He’s a former senator. God bless him, I wish him well.”
The legislation is set to take effect in January. But Gaetz wants lawmakers in next week’s special session to delay the program’s start until July, to effectively buy more time. Gaetz and Rep. Marti Coley, R-Marianna, who is sponsoring the delay push in the House, want lawmakers to repeal the inspection program completely in next spring’s regular session.
“Our plan is we would stop the implementation now and be able to do in regular session what sadly we were unable to do last year: have a full discussion in the open on the effects of this mandate,” Gaetz said.
The wide-ranging bill is designed to protect Florida’s natural springs and waterways which are often threatened by septic tank overflow. Beginning in January, the legislation would require inspections of the state’s 2.6 million septic tanks once every five years. Opponents say the measure could cost residents $500 or more per-inspection, and they claim the new standards was quietly tucked into the springs protection bill before it went before lawmakers this spring.
Constantine vehemently denied any secrecy in the letter he sent to lawmakers.
“So to set the record straight: 1) There was no strike-all amendment. 2) Not only did I explain the septic tank inspection program on the floor, I answered questions about the program from three different senators on two separate days. 3) Never… NEVER, was there any intent to hide or cover up this program in the bill,” he wrote.
The septic tank rewrite is expected to be part of next week’s special session, slated to begin on the heels of Tuesday’s organizational session. Lawmakers have lined up for override nine bills vetoed by Gov. Charlie Crist, and a budget provision he struck down.
But incoming House Rules Chairman Rep. Gary Aubuchon, R-Cape Coral, told newly elected lawmakers this week that not all measures identified by legislative leaders would come up during the special session. That gives leaders some wiggle room if – as they earlier said – want to address only measures unlikely to draw opposition.
Still, Gaetz said he had no reason to believe the septic tank inspection delay would not come up for a vote. He would not, however, speculate on how that vote would fair. At least one other incoming senator from the Panhandle, Greg Evers, R-Baker, has also called for a delay.
“I’m never confident that the votes are there on anything,” Gaetz said. “I wouldn’t predict the outcome of a resolution on Mother’s Day.” However, he quickly added, “we’re certainly hopeful.”
Comments
39 Responses to “Battle Over Required Septic Tank Inspections Rages On”
Sorry Robert Hudson it does not work that way. You can NOT refuse access. If you do they call a cop. If that does not work they arrest you and do the inspection anyway. Nice freedom we have? So much for personal property meaning anything at all.
It seem’s, that the state has forgoten that we OWN the property on which the septic tank sits.Now if the state wish’s to cross over on to our property. They must get permission, and that might cost as least 1500.00 dollars paid up front, or what ever the LAND OWNER thinks is just.. Just remember! It is your land and you have say so on who can come on it! We have paid our land taxes and the state can not just think that they may come on it at will., That is what ” NO TRESPASS’ means. Oh if this passes, the state may do it’s job. But it is going to cost them. Repeal this stupid law.
Had a mobile home lot and before the folks could move in the tank had to be pumped,which was complied with. Before the folks could move they decided to move to Alabama because they could not afford the permits and inspections that was required. Another family came along and wanted to rent the same place, guess what the first thing was to have a dry septic tank pumped before they could go any further. They also left. Big Government vs. little people.
Don Gaetz voted yes on SB 550. However, now that there is a huge public outcry against it, he’s suddenly “Mr. Small Government Conservative”. In the future, perhaps he should do a little research on bills before he votes on them…
Lee Constantine is a Republican member of the Florida Senate, representing the 22nd District since 2001. His district covers the Central Florida region in the Seminole and Orange counties. Previously he was a member of the Florida House of Representatives from 1993 through 2000.
Constantine moved to Florida in 1958 and was raised in Altamonte Springs. He earned a B.A. in Communications from the University of Central Florida in 1974. At UCF, he was active in the Student Government Association, serving successively as a student senator, student body vice president and student body president
Constantine was arrested on a drunken driving charge in 2004, his second arrest for DUI.[1] In 2007 someone using a computer owned by the legislature removed the entry about Constantine being arrested for DUI from his Wikipedia page, and when asked about the incident Constantine stated, “I don’t even know what Wikipedia is, I’m surprised I can even pronounce it
Where is the evidence that septic tanks are ruining the environment?
I am sooo tired of gov’t pushing things down our throats, we dont have a vote on this and have to comply at OUR costs, Wouldn’t it be nice if I had a business and could force millions of people to buy my product? Thats just wrong folks!
If the problem with septic tanks are in the waterfront lots have those inspected by “state” inspectors not private business people. Lee Constantine is looking out for the interests of the septic tank business owners in South Florida and no one else. Go Gaetz and Evers and get this law “flushed” down the pipes.
EMAIL YOUR LEGISLATORS!!!! SLB has the right idea! Call them, send letters, send emails!!! Send the emails to all of them, just in case some of the legislators have any doubt regarding our feelings on this issue!
THERE IS TO MUCH BLANKET REGULATION. If an individual has a septic tank that is actually contaminating another person’s property, penalize only the offender, not every septic tank owner in the state! REPEAL THE BILL.
Special interest and huge government is killing this county. So much for God, country and self, it seems to be all about ME ME and Me. Hope the leaders wake-up.
Just e-mailed the Senator in my area (District 2) Senator Greg Evers with my concerns and complaint on this septic tank issue. I would encourage everyone on the northend to stick together and do the same if we want to attempt to fight SB 550. Mvto/Thanks
Greg Evers e-mail:
evers.greg.web@flsenate.gov
When we first purchased our property here in Bratt years ago, we were required to have an inspection done on the existing tank and when the inspector came out and jabbed our septic tank lid with a rod, he broke it. Guess who had to buy a replacement lid? Not him…wasn’t his problem! They don’t care about you, only about getting thier hands on your money anyway they can.
Constantine claims he vehemently denied any secrecy in the letter he sent to lawmakers. Whether he did or didn’t explain the SB 550 to lawmakers is not what matters to me, it’s the fact that he didn’t explain it to ME or the rest of the Florida TAX PAYERS and as far as I’m concerned, he and the rest of them that support this bill without our input are dishonest and no better than thieves in the night!
Repeal the bill. It STINKS!!! For REAL!!!
“Lee Constantine, RINO-Altamonte Springs”
Term limits are a good thing – and SB 550 is a BAD THING.
Repeal this crappy bill.
REGARDING:
“when we pulled the permits they wouldn’t sell us any until ”
They do it that way because unless this septic tank law stands, it is the only way they can tell you what to do on your own home. They don’t force you to pump out your septic tank, they just don’t issue you a permit until they do. A distinction without a difference but it works for them. My neighbor couldn’t get power back to his house after Hurricane Ivan until all kinds of repairs were done. He didn’t do them, just lived in a dark house with no power.
This is not the kind of jobs needs to be created in Florida or Americais to create private enterprise to go around and inspect septic tanks and charge outrageous prices to do so and if there is a problem then the home owner is out more money to make repairs. The individual counties know where the septic tanks are. Just have the county inspector set up an appointment with the home owner for an inspection [we are already paying this Guy anyway] and if there is a problem then the home owner will have X-amount of days to correct it. THANKS Senator Evers for your support and to Senator Gaetz for looking outfor the Florida home owner.another bill shoved down our throat!One we dont need
This is ridiculous, a few years ago when we added a living room addition on to our home and when we pulled the permits they wouldn’t sell us any until we had our septic tank pumped how crazy is that, it was a living room it had no plumbing in it, its all about money….
For once the people have strongly protested, and exposed this inane law. There is an excellent chance of it being repealed early in the next session. continue to let your voice be heard
This is one more reason for term limits ! I would hate to admit that this was a “crowning glory to my legislative career” if I were in office. I want to know WHERE IS THE SEWER LINE INSPECTION??? Or does Mr. Constantine have friends in the sewer business? How much did they pay him to leave THAT out?
This is one more way to add some sort of charges onto the middle class!!
EMAIL YOUR LEGISLATER NOW! CALL THEM! SEND LETTERS!!!
People , just dont pay the bill for the in inspection! some of you will because they can put a lean on your property but if we ALL do not pay what can they do? run us out of florida , dont thank so , increase our taxes , so what dont pay the taxes ,
” Lee Constantine, R-Altamonte Springs”
Leave it to republicans to try to control what goes on at your home and in your home
Cheryl– Yes Northwest Fl is an afterthought most of the time. I might add that I moved from the Panhandle to Central Fl in the 90’s and lived there 13 yrs. I NEVER heard complaints of water contanamation from septic systems. Trust me, we heard plenty about our water. The lack of it. We were almost always on water restrictions. Anyway, I am wondering if the ‘inspections’ will include pumping and checking for cracks in the concrete. In central and south FL that could happen to even the new systems due to the sandy nature of the soil. The only solution sounds like parts of FL need more county sewer systems and no new septic systems.
Also, when a septic system backs up, it goes into your house. At least the neighbors I talked to did.
Quick, easy, ZIP-code-driven search for State legislators.
Find Your Legislators
Check your voter registration card:
Each address in Florida is associated with a single state senate district, a single state house district, and a single congressional district.
http://www.flsenate.gov/Legislators/index.cfm?Mode=Find%20Your%20Legislator&Submenu=3&Tab=legislators
If you google this for news articles in the rest of the state (central & south), it’s seems to be viewed favorably and states the inspection cost will run approx. $30 and a percentage of that will be kept to fund those in the poverty level who need repairs made. Is this mainly an issue for Northwest Florida? Mainly rural? Is this area just an afterthought most of the time?
I have always thought this legislature stinks. A group of polititions deciding that all homeowners can afford an extra 500 dollars to have their septic tanks inspected, not to mention the extra charge if the so called “inspectors” decided to “fix” a “problem” they just “happened” to find. I’m all for this legislature to reconsider this action!
Politicians are no longer concerned with “the citizens of Fl” they are concerned with lining their pockets with gold…….. No one in their right mind lets their tanks reach the point of run over Im sure, at least not on purpose or without ingnorance, and what was originally described as $450 per year seems to be growing, and by gosh it will you can count on that,,,,,,, it is not worth owning property in fla. anymore its really not yours. It belongs to the law maker, we need to make everyone who would consider ventering to this state for retirement aware of all the handcuffing property laws owners have to wear here.
After raping the land and polluting the Gulf of Mexico, one of the worst polluters is no longer involved in the paper mill industry but is now in the real estate development business near Panama City, trying to sell off that land as multi-million dollar vacation home sites. They recently got their way again and had an International Airport built there at the taxpayers expense. In addition to the paper mills& lumber industry, the cattle ranchers in Central and South Florida and the citrus growers are major polluters because of the run off into streams, creeks, and rivers. You know the phrase…”money talks, ….”
I do now Mr. Constantine but after 18 years in the Florida Senate and this is the best he can come up with then he needs to take his framed copy of the bill to craper and follow it down the drain. This is not the kind of jobs needs to be created in Florida or Americais to create private enterprise to go around and inspect septic tanks and charge outrageous prices to do so and if there is a problem then the home owner is out more money to make repairs. The individual counties know where the septic tanks are. Just have the county inspector set up an appointment with the home owner for an inspection [we are already paying this Guy anyway] and if there is a problem then the home owner will have X-amount of days to correct it. THANKS Senator Evers for your support and to Senator Gaetz for looking outfor the Florida home owner.
Big Government is killing us. We need to get the Federal and State govts. out of our lives. No more Department of Education on the federal and state level. Let the individual counties handle education. No more federal highway laws, let the states handle it. No more federal immigration laws, let the states handle it. We the people of this great nation have allowed the govt. to grow so big that they are no longer the govt. of the people, we are the slaves to Washington. This septic tank law is another example of big govt. getting involved in our lives. I hope Governor Scott holds to his promise to repeal this law. Once again I say “Vote them all out”.
This legislation Stinks!
REGARDING 5th paragraph ,last line;
anybody you know was asked to join this discussion as “interested parties”
I don’t know of anyone.Seems we would be considered interested parties since it affects our property and wallet..
another bill shoved down our throat!One we dont need
REGARDING 5th paragraph ,last line;
The language was discussed at length with many interested parties and individual senators.”
anybody you know was asked to join this discussion as “interested parties”
I don’t know of anyone.Seems we would be considered interested parties since it affects our property and wallet..
another bill shoved down our throat!One we dont need
The whole argument in favor of septic tank inspections is ludicrous. The number of septic tanks that overflow into a creek in Florida could be counted on one hand. Truth is that SOME politicians are slobbering at the mouth because they see millions of dollars that they can spend. Some others see a pot of gold to line their own pockets. Listen to the citizens – - – or lose your job…
This is another rip off law that should have not been passed. Where is the so called “proof” that it is a problem? By the way, the government is to be for the people, by the people! Now if the people do not wish to have this law , then it must be repealed. Believe me if you have a septic tank problem, you will fix it. Once again, a fine example of how government steps over their boundries, with out showing proof. And yes, some thing stinks about this, and it is not the septic tank!
“When I entered into public office, I committed to do all that I could to treat people fairly and tell them the truth,”
Mr. Constantine (along with many that lost the latest election) lost sight of the fact that he was an employee of the people of Florida. He was not there to lord over us. He was there to represent us.
The message in the latest elections was clear:
* We don’t want socialism
* We dont want more government
* We don’t want more taxes (as in septic tank inspections)
* We don’t want illegal aliens getting a free ride
* We don’t want more gun control
* We don’t want to depart from the Christian principals that our country was founded upon
For those who didn’t get the message – - – your time in office may be short…
And how many SEPTIC TANK “”"OVER FLOW”"”" recorded overlowing in the past year? 5 years? 10 Years? How far did the OVERFLOW travel from the tank?
How many years has ”EX” Senator Lee Constantine lived using a septic tank in the rural area????
Are there email address’s of the Senator’s of Escambia, Santa Rosa, and Okaloosa Counties?
Please post them if possible.
I guess Mr. Constantine’s friends in the septic tank business are still counting on him to help save their “bonanza” they had slipped thru the legislature. I hope common sense prevails and this extreme measure is repealed.