Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Health Care (Jones) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 153.54, Florida Statutes, is
19  amended to read:
20         153.54  Preliminary report by county commissioners with
21  respect to creation of proposed district.--
22         (1)  Upon receipt of a petition duly signed by no fewer
23  not less than 25 qualified electors who are also freeholders
24  residing within an area proposed to be incorporated into a
25  water and sewer district pursuant to this law and describing
26  in general terms the proposed boundaries of such proposed
27  district, the board of county commissioners if it shall deem
28  it necessary and advisable to create and establish such
29  proposed district for the purpose of constructing,
30  establishing or acquiring a water system or a sewer system or
31  both in and for such district (herein called "improvements"),
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1  shall first cause a preliminary report to be made which such
 2  report together with any other relevant or pertinent matters,
 3  shall include at least the following:
 4         (a)(1)  A general description of the proposed
 5  improvements to be made in such district.
 6         (b)(2)  A general estimate of the cost of the proposed
 7  improvements.
 8         (c)(3)  The present condition of water and sewer
 9  facilities in the area comprising such proposed district.
10         (d)(4)  Findings with respect to the necessity or
11  reasonableness of the inclusion of lands proposed to be
12  included within the district with reference to the benefits to
13  be derived or able to be derived by such included lands from
14  such proposed improvements, and the necessity or
15  reasonableness of the exclusion of lands adjacent to or within
16  such proposed district with reference to such benefits.
17  
18  Such report shall be filed in the office of the clerk of the
19  circuit court and shall be open for the inspection of any
20  taxpayer, property owner, qualified elector or any other
21  interested or affected person.
22         (2)  For the construction of a proposed new sewerage
23  system or the extension of an existing sewerage system that
24  was not previously approved, the report must include a study
25  that includes the available information from the Department of
26  Health concerning the history of onsite sewage treatment and
27  disposal systems currently in use in the area; a comparison of
28  the projected costs to the owner of a typical lot or parcel of
29  connecting to and using the proposed sewerage system versus
30  installing, operating, and properly maintaining an onsite
31  sewage treatment system that is approved by the Department of
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1  Health and that provides for a level of environmental and
 2  health protection comparable to that provided by the proposed
 3  central sewerage system; and other factors deemed relevant by
 4  the local authority.
 5         Section 2.  Paragraph (c) is added to subsection (2) of
 6  section 153.73, Florida Statutes, to read:
 7         153.73  Assessable improvements; levy and payment of
 8  special assessments.--Any district may provide for the
 9  construction or reconstruction of assessable improvements as
10  defined in s. 153.52, and for the levying of special
11  assessments upon benefited property for the payment thereof,
12  under the provisions of this section.
13         (2)
14         (c)  For the construction of a proposed new sewerage
15  system or the extension of an existing sewerage system that
16  was not previously approved, the report must include a study
17  that includes the available information from the Department of
18  Health concerning the history of onsite sewage treatment and
19  disposal systems currently in use in the area; a comparison of
20  the projected costs to the owner of a typical lot or parcel of
21  connecting to and using the proposed sewerage system versus
22  installing, operating, and properly maintaining an onsite
23  sewage treatment system that is approved by the Department of
24  Health and that provides for a level of environmental and
25  health protection comparable to that provided by the proposed
26  central sewerage system; and other factors deemed relevant by
27  the local authority.
28         Section 3.  Paragraph (a) of subsection (2) of section
29  163.3180, Florida Statutes, is amended to read:
30         163.3180  Concurrency.--
31         (2)(a)  Consistent with public health and safety,
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1  sanitary sewer, solid waste, drainage, adequate water
 2  supplies, and potable water facilities shall be in place and
 3  available to serve new development no later than the issuance
 4  by the local government of a certificate of occupancy or its
 5  functional equivalent. Prior to approval of a building permit
 6  or its functional equivalent, the local government shall
 7  consult with the applicable water supplier to determine
 8  whether adequate water supplies to serve the new development
 9  will be available no later than the anticipated date of
10  issuance by the local government of a certificate of occupancy
11  or its functional equivalent. A local government may meet the
12  concurrency requirement for a sanitary sewer through the use
13  of onsite sewage treatment and disposal systems approved by
14  the Department of Health to serve new development.
15         Section 4.  Subsection (3) is added to section 180.03,
16  Florida Statutes, to read:
17         180.03  Resolution or ordinance proposing construction
18  or extension of utility; objections to same.--
19         (3)  For the construction of a proposed new sewerage
20  system or the extension of an existing sewerage system that
21  was not previously approved, the report must include a study
22  that includes the available information from the Department of
23  Health concerning the history of onsite sewage treatment and
24  disposal systems currently in use in the area; a comparison of
25  the projected costs to the owner of a typical lot or parcel of
26  connecting to and using the proposed sewerage system versus
27  installing, operating, and properly maintaining an onsite
28  sewage treatment system that is approved by the Department of
29  Health and that provides for a level of environmental and
30  health protection comparable to that provided by the proposed
31  central sewerage system; and other factors deemed relevant by
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1  the local authority. The results of such a study shall be
 2  included in the resolution or ordinance required under
 3  subsection (1).
 4         Section 5.  Paragraph (c) is added to subsection (2) of
 5  section 381.00655, Florida Statutes, to read:
 6         381.00655  Connection of existing onsite sewage
 7  treatment and disposal systems to central sewerage system;
 8  requirements.--
 9         (2)  The provisions of subsection (1) or any other
10  provision of law to the contrary notwithstanding:
11         (c)  A local government may grant a variance to an
12  owner of a performance-based onsite sewage treatment and
13  disposal system permitted by the department as long as the
14  onsite system is functioning properly and satisfying the
15  conditions of the operating permit. This paragraph does not
16  require a local government to issue a variance under any
17  circumstances. A local government located within an area of
18  critical state concern or located in an area that was
19  designated as an area of critical state concern for at least
20  20 consecutive years prior to removal of the designation is
21  not required to issue a variance under any circumstance, and
22  this paragraph does not limit the authority of a local
23  government to enact ordinances under s. 4 of chapter 99-395,
24  Laws of Florida.
25         Section 6.  Section 381.0067, Florida Statutes, is
26  amended to read:
27         381.0067  Corrective orders; private and certain public
28  water systems and onsite sewage treatment and disposal
29  systems.--When the department or its agents, through
30  investigation, find that any private water system, public
31  water system not covered or included in the Florida Safe
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1  Drinking Water Act (part VI of chapter 403) or onsite sewage
 2  treatment and disposal system constitutes a nuisance or menace
 3  to the public health, the department or its agents it may
 4  issue an order requiring the owner to correct the improper
 5  condition. If the improper condition relates to the drainage
 6  field of an onsite sewage treatment and disposal system, the
 7  department or its agents may issue an order requiring the
 8  owner to repair or replace the drainage field. If an onsite
 9  sewage treatment and disposal system has failed, the
10  department or its agents shall issue an order requiring the
11  owner to replace the system. For the purposes of this section,
12  an onsite sewage treatment and disposal system has failed if
13  the operation of the system constitutes a nuisance or menace
14  to the public health and the system cannot be repaired.
15         Section 7.  Subsection (2) of section 489.554, Florida
16  Statutes, is amended to read:
17         489.554  Registration renewal.--
18         (2)  At a minimum, annual renewal shall include
19  continuing education requirements of not less than 12 6
20  classroom hours annually for septic tank contractors and not
21  less than 18 12 classroom hours annually for master septic
22  tank contractors.  The 18 12 classroom hours of continuing
23  education required for master septic tank contractors may
24  include the 12 6 classroom hours required for septic tank
25  contractors, but at a minimum must include 6 classroom hours
26  of approved master septic tank contractor coursework.
27         Section 8.  This act shall take effect July 1, 2006.
28  
29  
30  ================ T I T L E   A M E N D M E N T ===============
31  And the title is amended as follows:
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1         Delete everything before the enacting clause
 2  
 3  and insert:  
 4                      A bill to be entitled
 5         An act relating to sewage treatment and
 6         disposal systems; amending s. 153.54, F.S.;
 7         requiring county commissions to include certain
 8         studies concerning the construction of a
 9         proposed new sewerage system or the extension
10         of an existing sewerage system in certain
11         reports; amending s. 153.73, F.S.; requiring
12         county water and sewer districts to conduct
13         certain studies concerning the construction of
14         a new proposed sewerage system or the extension
15         of an existing sewerage system prior to the
16         levying of certain assessments; amending s.
17         163.3180, F.S.; authorizing local governments
18         to use certain onsite sewage treatment and
19         disposal systems to meet certain concurrency
20         requirements; amending s. 180.03, F.S.;
21         requiring municipalities to conduct certain
22         studies concerning the construction of a
23         proposed new sewerage system or the extension
24         of an existing sewerage system prior to the
25         adoption of certain resolutions or ordinances;
26         amending s. 381.00655, F.S.; authorizing local
27         governments to grant variances from connecting
28         to a publicly owned or investor-owned sewerage
29         system under certain circumstances; providing
30         for construction; amending s. 381.0067, F.S.;
31         authorizing the Department of Health or its
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    Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
 1         agents to require repair or replacement of an
 2         existing sewage treatment and disposal system
 3         under certain circumstances; requiring the
 4         department or its agents to issue an order
 5         requiring an owner to repair or replace an
 6         onsite sewage treatment and disposal system
 7         under certain circumstances; providing for
 8         construction; amending s. 489.554, F.S.;
 9         increasing the annual continuing education
10         requirements for septic tank contractors and
11         master septic tank contractors; providing an
12         effective date.
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