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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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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