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Reponse from XXXXX XXXXX - Lake Cty Health Dept.
On 03/18/09 you wrote "Mr. Miller, When DOH inspected the residence in conjunction with the septic system inspection, the lay-out was as the plans indicated and met the definition of a three bedroom residence. The septic system was given final approval at that time having met all of the criteria of the issued permit.
If at the time of the final inspection of a septic system, the floor plans in the file do not match the residence built on site, then DOH does ask for updated floor plans prior to final approval. If that residence requires a larger septic system, then that also is required to be installed and inspected prior to final approval of the septic system."
Excerpt from "64E-6.004 Application for System Construction Permit."
(5) The applicant shall be the permit holder and shall be held responsible for all information supplied to the department. The signed application, site evaluation, and system design plans when required, serve as the basis by which the department determines the issuance of a construction permit. In the event of a change in any information given in the application which served as basis for issuing a construction permit, the permit holder will immediately file an amended application detailing such changed conditions. If the new conditions are determined to be in compliance with the standards in this chapter, the construction permit shall be amended. If the new conditions are determined to be in non-compliance with the standards of this chapter, the permit shall be revoked subject to the provisions of Chapter 120, F.S. A system construction permit application shall be valid for one year. If a permit has not been issued to the applicant within one year from the date of application, then the department shall review the construction permit application for accuracy at no charge prior to issuance of a permit. The applicant shall supply a statement that the information contained in the application has not changed, or shall amend the application. If a site visit is necessary as part of the review, then a re-evaluation fee shall be charged. If the rules under which the application was accepted have changed, and an onsite sewage treatment and disposal system construction permit has not been issued, a new permit application shall be required.
All but one of us are original owners. The fllor plans have not been changed. The directors confirmation that the county should have asked for a revised plan and drainfield layout are below.
"That is correct".
Gerald R. Briggs, Chief Bureau of Onsite Sewage Programs Florida Department of Health
From: Public Records [mailtoXXX@XXXXXX.XXX] Sent: Monday, April 20, 2009 8:49 AMTo: Briggs, Gerald RSubject: Request for information
Dear Mr. Briggs,
I was referred to you by Renee Alsobrook. Can you tell me if the statement made by XXXXX XXXXX of the Lake County Health Department (in red text) is a required practice for final inspections?
From:XXX@XXXXXX.XXX [mailtoXXX@XXXXXX.XXX] Sent: Wednesday, March 18, 2009 12:36 PMTo:XXX@XXXXXX.XXXSubject: RE: 10517 Via De Robina Court
If at the time of the final inspection of a septic system, the floor plans in the file do not match the residence built on site, then DOH does ask for updated floor plans prior to final approval. If that residence requires a larger septic system, then that also is required to be installed and inspected prior to final approval of the septic system.
Paul D. Butler Jr.
Asst. Env. Health Director
Good afternoon, As I mentioned, I believe that you may have a valid claim against the builder. I sense that you are directing your attention more at the local government authorities responsible for inspections than you are at the builder. Keep in mind that governmental agencies are generally completely immune fro suit for damages related to negligence in the carrying out of their governmental functions. So, even if you can prove that the county should have asked for a revised floor plan, I'm afraid that you may be barking up the wrong tree.
768.28 Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.--
(1) In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee's office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. Any such action may be brought in the county where the property in litigation is located or, if the affected agency or subdivision has an office in such county for the transaction of its customary business, where the cause of action accrued. However, any such action against a state university board of trustees shall be brought in the county in which that university's main campus is located or in the county in which the cause of action accrued if the university maintains therein a substantial presence for the transaction of its customary business.
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