Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1874
                        Barcode 680280
                            CHAMBER ACTION
              Senate                               House
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       03/29/2006 10:36 AM         .                    
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11  The Committee on Community Affairs (Villalobos) recommended
12  the following 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.  Subsection (5) is added to section 153.54,
19  Florida Statutes, to read:
20         153.54  Preliminary report by county commissioners with
21  respect to creation of proposed district.--Upon receipt of a
22  petition duly signed by not less than 25 qualified electors
23  who are also freeholders residing within an area proposed to
24  be incorporated into a water and sewer district pursuant to
25  this law and describing in general terms the proposed
26  boundaries of such proposed district, the board of county
27  commissioners if it shall deem it necessary and advisable to
28  create and establish such proposed district for the purpose of
29  constructing, establishing or acquiring a water system or a
30  sewer system or both in and for such district (herein called
31  "improvements"), shall first cause a preliminary report to be
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    4:58 PM   03/24/06                             s1874d-ca38-t01

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1874 Barcode 680280 1 made which such report together with any other relevant or 2 pertinent matters, shall include at least the following: 3 (5) For the construction of a new proposed sewerage 4 system or the extension of an existing sewerage system that 5 was not previously approved or not in a designated urban 6 service area, a detailed feasibility study that: 7 (a) Evaluates the present age, condition, and 8 maintenance history of onsite sewage treatment and disposal 9 systems currently in use in the area. 10 (b) Compares the projected costs to the owner of a 11 typical lot or parcel of connecting to and using the proposed 12 sewerage system versus installing, operating, and properly 13 maintaining an onsite sewage treatment system that is approved 14 by the Department of Health and provides for a level of 15 environmental and health protection comparable to that of the 16 proposed central sewerage system. 17 (c) Evaluates whether the density required to 18 accommodate onsite sewage treatment and disposal systems would 19 meet the local government's comprehensive plan requirements 20 for density for the area and environmental protection of the 21 area's surface and groundwater. 22 (d) Considers the local government's obligations or 23 reasonably anticipated obligations for water body cleanup and 24 protection under state or federal programs. 25 26 Such report shall be filed in the office of the clerk of the 27 circuit court and shall be open for the inspection of any 28 taxpayer, property owner, qualified elector or any other 29 interested or affected person. 30 Section 2. Paragraph (c) is added to subsection (2) of 31 section 153.73, Florida Statutes, to read: 2 4:58 PM 03/24/06 s1874d-ca38-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1874 Barcode 680280 1 153.73 Assessable improvements; levy and payment of 2 special assessments.--Any district may provide for the 3 construction or reconstruction of assessable improvements as 4 defined in s. 153.52, and for the levying of special 5 assessments upon benefited property for the payment thereof, 6 under the provisions of this section. 7 (2) 8 (c) For the construction of a new proposed sewerage 9 system or the extension of an existing sewerage system that 10 was not previously approved or not in a designated urban 11 service area, a report shall be prepared that includes a 12 detailed feasibility study that: 13 1. Evaluates the present age, condition, and 14 maintenance history of onsite sewage treatment and disposal 15 systems currently in use in the area. 16 2. Compares the projected costs to the owner of a 17 typical lot or parcel of connecting to and using the proposed 18 sewerage system versus installing, operating, and properly 19 maintaining an onsite sewage treatment system that is approved 20 by the Department of Health and provides for a level of 21 environmental and health protection comparable to that of the 22 proposed central sewerage system. 23 3. Evaluates whether the density required to 24 accommodate onsite sewage treatment and disposal systems would 25 meet the local government's comprehensive plan requirements 26 for density for the area and environmental protection of the 27 area's surface and groundwater. 28 4. Considers the local government's obligations or 29 reasonably anticipated obligations for water body cleanup and 30 protection under state or federal programs. 31 Section 3. Paragraph (a) of subsection (2) of section 3 4:58 PM 03/24/06 s1874d-ca38-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1874 Barcode 680280 1 163.3180, Florida Statutes, is amended to read: 2 163.3180 Concurrency.-- 3 (2)(a) Consistent with public health and safety, 4 sanitary sewer, solid waste, drainage, adequate water 5 supplies, and potable water facilities shall be in place and 6 available to serve new development no later than the issuance 7 by the local government of a certificate of occupancy or its 8 functional equivalent. Prior to approval of a building permit 9 or its functional equivalent, the local government shall 10 consult with the applicable water supplier to determine 11 whether adequate water supplies to serve the new development 12 will be available no later than the anticipated date of 13 issuance by the local government of a certificate of occupancy 14 or its functional equivalent. A local government may meet the 15 concurrency requirement for sanitary sewer through the use of 16 onsite sewage treatment and disposal systems approved by the 17 Department of Health to serve new development. 18 Section 4. Subsection (3) is added to section 180.03, 19 Florida Statutes, to read: 20 180.03 Resolution or ordinance proposing construction 21 or extension of utility; objections to same.-- 22 (3) For the construction of a new proposed sewerage 23 system or the extension of an existing sewerage system that 24 was not previously approved or not in a designated urban 25 service area, the municipality shall prepare a report that 26 includes a detailed feasibility study that: 27 (a) Evaluates the present age, condition, and 28 maintenance history of onsite sewage treatment and disposal 29 systems currently in use in the area. 30 (b) Compares the projected costs to the owner of a 31 typical lot or parcel of connecting to and using the proposed 4 4:58 PM 03/24/06 s1874d-ca38-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1874 Barcode 680280 1 sewerage system versus installing, operating, and properly 2 maintaining an onsite sewage treatment system that is approved 3 by the Department of Health and provides for a level of 4 environmental and health protection comparable to that of the 5 proposed central sewerage system. 6 (c) Evaluates whether the density required to 7 accommodate onsite sewage treatment and disposal systems would 8 meet the local government's comprehensive plan requirements 9 for density for the area and environmental protection of the 10 area's surface and groundwater. 11 (d) Considers the local government's obligations or 12 reasonably anticipated obligations for water body cleanup and 13 protection under state or federal programs. 14 15 The report shall be included in the resolution or ordinance 16 required in subsection (1). 17 Section 5. Paragraphs (c) and (d) are added to 18 subsection (2) of section 381.00655, Florida Statutes, to 19 read: 20 381.00655 Connection of existing onsite sewage 21 treatment and disposal systems to central sewerage system; 22 requirements.-- 23 (2) The provisions of subsection (1) or any other 24 provision of law to the contrary notwithstanding: 25 (c) The owner of a performance-based onsite sewage 26 treatment and disposal system permitted by the department that 27 provides for treatment meeting advanced secondary treatment 28 standards shall not be required to connect to a publicly owned 29 or investor-owned sewerage system as long as the onsite system 30 is functioning properly and satisfying the conditions of the 31 operating permit. 5 4:58 PM 03/24/06 s1874d-ca38-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1874 Barcode 680280 1 (d) The requirements of paragraph (c) shall not apply 2 if: 3 1. The area is clearly subject to an existing sewer 4 utility or authority bond covenant or other financial 5 commitment that expressly provides for and requires connection 6 to the central system and was in effect on July 1, 2006; 7 2. The area is clearly subject to a state or federal 8 requirement or court order requiring connection to a central 9 sewer system; 10 3. The area is located in Monroe County; 11 4. The area is located within a basin containing a 12 water body listed under s. 303(d) of the Clean Water Act, Pub. 13 L. No. 99-500, 33 U.S.C. ss. 1251 et seq.; or 14 5. The area is designated in a local comprehensive 15 plan as an urban service area. 16 Section 6. This act shall take effect July 1, 2006. 17 18 19 ================ T I T L E A M E N D M E N T =============== 20 And the title is amended as follows: 21 Delete everything before the enacting clause 22 23 and insert: 24 A bill to be entitled 25 An act relating to sewage treatment and 26 disposal systems; amending s. 153.54, F.S.; 27 requiring county commissions to include certain 28 studies for the construction of a new proposed 29 sewerage system or the extension of an existing 30 sewerage system in certain reports; amending s. 31 153.73, F.S.; requiring county water and sewer 6 4:58 PM 03/24/06 s1874d-ca38-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1874 Barcode 680280 1 districts to conduct certain studies for the 2 construction of a new proposed sewerage system 3 or the extension of an existing sewerage system 4 prior to the levying of certain assessments; 5 amending s. 163.3180, F.S.; authorizing local 6 governments to use certain onsite sewage 7 treatment and disposal systems to meet certain 8 concurrency requirements; amending s. 180.03, 9 F.S.; requiring municipalities to conduct 10 certain studies for the construction of a new 11 proposed sewerage system or the extension of an 12 existing sewerage system prior to the adoption 13 of certain resolutions or ordinances; amending 14 s. 381.00655, F.S.; exempting certain onsite 15 sewage treatment and disposal systems from 16 connecting to a publicly owned or 17 investor-owned sewerage system under certain 18 circumstances; providing exceptions; providing 19 an effective date. 20 21 22 23 24 25 26 27 28 29 30 31 7 4:58 PM 03/24/06 s1874d-ca38-t01