Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 1874
                        Barcode 411284
                            CHAMBER ACTION
              Senate                               House
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       04/19/2006 04:27 PM         .                    
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11  The Committee on Health Care (Jones) recommended the following
12  amendment:
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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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    3:31 PM   04/11/06                           s1874c1d-he13-the

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 2 3:31 PM 04/11/06 s1874c1d-he13-the
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, 3 3:31 PM 04/11/06 s1874c1d-he13-the
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 4 3:31 PM 04/11/06 s1874c1d-he13-the
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 5 3:31 PM 04/11/06 s1874c1d-he13-the
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: 6 3:31 PM 04/11/06 s1874c1d-he13-the
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 7 3:31 PM 04/11/06 s1874c1d-he13-the
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. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8 3:31 PM 04/11/06 s1874c1d-he13-the