House Bill 0801

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







    Florida House of Representatives - 1999                 HB 801

        By Representative Putnam






  1                      A bill to be entitled

  2         An act relating to local government

  3         comprehensive plans; amending s. 163.3177,

  4         F.S.; specifying that, with respect to the

  5         general sanitary sewer, solid waste, drainage,

  6         potable water, and natural groundwater aquifer

  7         recharge element, the suitability of soils for

  8         septic tanks shall be established pursuant to

  9         s. 381.0065, F.S.; amending s. 381.0065, F.S.;

10         specifying the authority of the Department of

11         Community Affairs with respect to review of

12         plan amendments related to said element;

13         providing an effective date.

14

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

16

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

18  163.3177, Florida Statutes, 1998 Supplement, is amended to

19  read:

20         163.3177  Required and optional elements of

21  comprehensive plan; studies and surveys.--

22         (6)  In addition to the requirements of subsections

23  (1)-(5), the comprehensive plan shall include the following

24  elements:

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

26  potable water, and natural groundwater aquifer recharge

27  element correlated to principles and guidelines for future

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

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

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

31  detailed engineering plan including a topographic map

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






    Florida House of Representatives - 1999                 HB 801

    584-135-99






  1  depicting areas of prime groundwater recharge. The element

  2  shall describe the problems and needs and the general

  3  facilities that will be required for solution of the problems

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

  5  depicting any areas adopted by a regional water management

  6  district as prime groundwater recharge areas for the Floridan

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

  8  shall be given special consideration when the local government

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

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

11  surveys shall be provided which indicate The suitability of

12  soils for septic tanks shall be established pursuant to s.

13  381.0065 and the rules promulgated thereunder.

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

15  Statutes, 1998 Supplement, is amended to read:

16         381.0065  Onsite sewage treatment and disposal systems;

17  regulation.--

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

19  Legislature that where a publicly owned or investor-owned

20  sewerage system is not available, the department shall issue

21  permits for the construction, installation, modification,

22  abandonment, or repair of onsite sewage treatment and disposal

23  systems under conditions as described in this section and

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

25  the Legislature that the installation and use of onsite sewage

26  treatment and disposal systems not adversely affect the public

27  health or significantly degrade the groundwater or surface

28  water. The Legislature acknowledges the Department of

29  Community Affairs' responsibility to review and evaluate

30  comprehensive plan amendments to the general sanitary sewer,

31  solid waste, drainage, potable water, and natural groundwater

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






    Florida House of Representatives - 1999                 HB 801

    584-135-99






  1  aquifer recharge element exclusively pursuant to s.

  2  163.3177(6)(c). In considering comprehensive plan amendments,

  3  the Department of Community Affairs may not require the use of

  4  standards or conditions that are more stringent than the

  5  applicable statutes or rules adopted by the Department of

  6  Health regarding the location, installation, and use of onsite

  7  sewage treatment and disposal systems. Other than to determine

  8  the compliance of a plan amendment pursuant to s.

  9  163.3184(1)(b), the Department of Community Affairs may not

10  require the use of publicly owned or investor-owned sewerage

11  systems or other sewerage treatment processes as an

12  alternative to the proposed use of onsite sewage treatment and

13  disposal systems where such onsite sewage treatment and

14  disposal systems would be permissible under this section and

15  the rules promulgated thereunder.

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

17  law.

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19            *****************************************

20                          HOUSE SUMMARY

21
      Specifies that, with respect to the general sanitary
22    sewer, solid waste, drainage, potable water, and natural
      groundwater aquifer recharge element of a local
23    government comprehensive plan, the suitability of soils
      for septic tanks shall be established pursuant to s.
24    381.0065, F.S. Specifies the authority of the Department
      of Community Affairs with respect to review of plan
25    amendments related to said element.

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