Senate Bill 1580

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                  SB 1580

    By Senator Laurent





    17-1095-99

  1                      A bill to be entitled

  2         An act relating to public health; amending s.

  3         163.3177, F.S.; providing guidelines for

  4         determining the suitability of soils for septic

  5         tanks; amending s. 381.0065, F.S.; providing

  6         legislative intent relating to the regulation

  7         of onsite sewage treatment and disposal

  8         systems; providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Paragraph (c) of subsection (6) of section

13  163.3177, Florida Statutes, 1998 Supplement, is amended to

14  read:

15         163.3177  Required and optional elements of

16  comprehensive plan; studies and surveys.--

17         (6)  In addition to the requirements of subsections

18  (1)-(5), the comprehensive plan shall include the following

19  elements:

20         (c)  A general sanitary sewer, solid waste, drainage,

21  potable water, and natural groundwater aquifer recharge

22  element correlated to principles and guidelines for future

23  land use, indicating ways to provide for future potable water,

24  drainage, sanitary sewer, solid waste, and aquifer recharge

25  protection requirements for the area.  The element may be a

26  detailed engineering plan including a topographic map

27  depicting areas of prime groundwater recharge. The element

28  shall describe the problems and needs and the general

29  facilities that will be required for solution of the problems

30  and needs.  The element shall also include a topographic map

31  depicting any areas adopted by a regional water management

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1580
    17-1095-99




  1  district as prime groundwater recharge areas for the Floridan

  2  or Biscayne aquifers, pursuant to s. 373.0395.  These areas

  3  shall be given special consideration when the local government

  4  is engaged in zoning or considering future land use for said

  5  designated areas.  For areas served by septic tanks, soil

  6  surveys shall be provided which indicate The suitability of

  7  soils for septic tanks must be established pursuant to s.

  8  381.0065 and the rules adopted under that section.

  9         Section 2.  Subsection (1) of section 381.0065, Florida

10  Statutes, 1998 Supplement, is amended to read:

11         381.0065  Onsite sewage treatment and disposal systems;

12  regulation.--

13         (1)  LEGISLATIVE INTENT.--It is the intent of the

14  Legislature that where a publicly owned or investor-owned

15  sewerage system is not available, the department shall issue

16  permits for the construction, installation, modification,

17  abandonment, or repair of onsite sewage treatment and disposal

18  systems under conditions as described in this section and

19  rules adopted under this section.  It is further the intent of

20  the Legislature that the installation and use of onsite sewage

21  treatment and disposal systems not adversely affect the public

22  health or significantly degrade the groundwater or surface

23  water. The Legislature acknowledges the responsibility of the

24  Department of Community Affairs to review and evaluate

25  comprehensive plan amendments to the general sanitary sewer,

26  solid waste, drainage, and potable water element exclusively

27  pursuant to s. 163.3177(6)(c). In considering comprehensive

28  plan amendments, the Department of Community Affairs may not

29  require the use of standards or conditions that are more

30  stringent than the applicable statutes or the rules adopted by

31  the Department of Health regarding the location, installation,

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                  SB 1580
    17-1095-99




  1  and use of onsite sewage treatment and disposal systems. Other

  2  than to determine the compliance of a plan amendment pursuant

  3  to s. 163.3184(1)(b), the Department of Community Affairs may

  4  not require the use of publicly owned or investor-owned

  5  sewerage systems or other sewerage treatment processes as an

  6  alternative to the proposed use of onsite sewage treatment and

  7  disposal systems if those onsite sewage treatment and disposal

  8  systems would be permissible under s. 381.0065 and the rules

  9  adopted under that section.

10         Section 3.  This act shall take effect upon becoming a

11  law.

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14                          SENATE SUMMARY

15    Provides guidelines for determining the suitability of
      soils for septic tanks. Provides legislative intent
16    relating to the regulation of onsite sewage treatment and
      disposal systems.
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