Drake, Holmes BOCC pledge to fight septic regulations

BONIFAY — Holmes County Board of County Commissioners unanimously approved a resolution urging the Florida legislature to either removed new septic system regulations or exempt rural counties like Holmes County from the regulation intended to correct conditions in central and south Florida. Action was taken at the BOCC’s regular meeting Tuesday night.

Chairman Monte Merchant accepted petitions from Holmes County residents that could total around 10,000 names once added up. Merchant presented the petitions to State Rep. Brad Drake to take to colleagues. Drake has been one of the leaders in the fight to change the regulations that passed earlier this year as an amendment to state environmental legislation.

The regulations call for mandatory testing of all septic systems every five years, bringing systems up to state specifications and other regulations that could cost landowners with private septic systems a considerable amount of money to meet the new requirements that go into effect in January 2011.

Holmes County resident Euan Moore noted that he had about $7,000 in his system.

“I’ve done everything to comply with the state,” Moore said. “I don’t want them to come back now with a perfectly working septic tank.

“At least get the rural counties exempt.”

Merchant, who has been working with Drake for several weeks to address the issue, read off the resolution that is similar to those passed by county commissions in Jackson, Calhoun and Walton counties.

“It’s not fair and we are working every day to stop this,” Merchant said.

Drake, who noted that when he found out the legislation was heading through the House, “disagreed with it, advocated against it, voted against it and will continue to fight it,” also noted that the original bill did not even receive a hearing when it came up before the Florida House of Representatives and in fact did not even get out of committee. Drake said, however, that a “lame duck” legislator and a lifelong environmentalist tacked the bill on other legislation that passed both the state house and state senate.

Drake said the governor could call a special session of the Legislature where the bill could be addressed, with options including exempting rural counties, giving counties the right whether to opt in or not, or overturning the legislation. Barring another session of the legislature before January, the legislation will become law.

One possibility is legal action. The recent decision by a state judge to declare SB 360 growth-management legislation unconstitutional followed a lawsuit by a coalition of 20 governmental entities, and County Attorney Brandon Young said that once the bill becomes law those affected by it have the right to address the law in court.

Voting 

Florida House

NO: Adams, Adkins, Boto, Boyd, Burgin, Bush, Carroll, Dorworth, Drake, Eisnaugle, Evers, Ford, Frishe, Gaetz, Gonzaez, Hays, Homan, Hooper, Horner, Kelly, McBurney, McKeel, Murzin, Nelson, O’Toole, Plankton, Poppell, Precourt, Proctor, Ray, Renuart, Schenck, Tobia, Van Sant, Weinstein, Wood, Workman

YES: Abruzzo, Ambler, Aubuchon, Bembry, Bernard, Bogdanoff, Brandenberg, Braynon, Brise, Bullard, Cannon, Chestnut, Clarke-Reed, Cretul, Cruz, Culp, Domino, Fetterman, Fitzgerald, Flores, Galvano, Garcia, Gibbons, Gibson, Glorioso, Grad, Grimsley, Hasner, Heller, Holder, Hudson, Hukill, Jenne, Jones, Kiar, Kreegel, Kriseman, Legg, Llorente, Long, Lopez-Cantera, Mayfield, Nehr, Pafford, Patterson, Planas, Porth, Rader, Randolph, Reagan, Reed-Rehwinkle, Vasilinda, Rivera, Robaina, K. Robertson, Y. Robertson, Rogers, Rouson, Sachs, Sands, Saunders, Schultz, Schwartz, Skidmore, Snyder, Soto, Steinberg, Taylor, G. Thompson, N. Thompson, Thurston, Troutman, Waldman, A. Williams, T. Williams, Zapata

DID NOT VOTE: Anderson, Coley, Crisafulli, Fresen, Patronis, Stargel, Weatherford

Florida Senate

NO: Garcia, Negron, Storms, Villalobos

YES: Altman, Aronberg, Atwater, Baker, Bennett, Bullard, Constantine, Crist, Dean, Detert, Diaz de la Portilla, Dockery, Fasano, Gaetz, Gardiner, Gelber, Haridopolis, Hill, Jones, Joyner, Justice, Lawson, Lynn, Oelrich, Peaden, Rich, Richter, Ring, Siplin, Smith, Sobel, Thrasher, Wilson, Wise.

DID NOT VOTE: Alexander