Senate Bill sb1874
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1874
By Senator Argenziano
3-1105A-06 See HB 749
1 A bill to be entitled
2 An act relating to sewage treatment and
3 disposal systems; amending s. 153.54, F.S.;
4 requiring county commissions to include certain
5 studies for the construction of a new proposed
6 sewerage system or the extension of an existing
7 sewerage system in certain reports; amending s.
8 153.73, F.S.; requiring county water and sewer
9 districts to conduct certain studies for the
10 construction of a new proposed sewerage system
11 or the extension of an existing sewerage system
12 prior to the levying of certain assessments;
13 amending s. 163.3180, F.S.; authorizing local
14 governments to use certain onsite sewage
15 treatment and disposal systems to meet certain
16 concurrency requirements; amending s. 180.03,
17 F.S.; requiring municipalities to conduct
18 certain studies for the construction of a new
19 proposed sewerage system or the extension of an
20 existing sewerage system prior to the adoption
21 of certain resolutions or ordinances; amending
22 s. 381.00655, F.S.; exempting certain onsite
23 sewage treatment and disposal systems from
24 connecting to a publicly owned or
25 investor-owned sewerage system under certain
26 circumstances; providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Subsection (5) is added to section 153.54,
31 Florida Statutes, to read:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1874
3-1105A-06 See HB 749
1 153.54 Preliminary report by county commissioners with
2 respect to creation of proposed district.--Upon receipt of a
3 petition duly signed by not less than 25 qualified electors
4 who are also freeholders residing within an area proposed to
5 be incorporated into a water and sewer district pursuant to
6 this law and describing in general terms the proposed
7 boundaries of such proposed district, the board of county
8 commissioners if it shall deem it necessary and advisable to
9 create and establish such proposed district for the purpose of
10 constructing, establishing or acquiring a water system or a
11 sewer system or both in and for such district (herein called
12 "improvements"), shall first cause a preliminary report to be
13 made which such report together with any other relevant or
14 pertinent matters, shall include at least the following:
15 (5) For the construction of a new proposed sewerage
16 system or the extension of an existing sewerage system, a
17 detailed feasibility study comparing the costs to the owner of
18 each affected lot or parcel of construction and operation of
19 the proposed sewerage system or extension of the existing
20 sewerage system to the costs of construction and operation of
21 an onsite sewage treatment and disposal system approved by the
22 Department of Health that provides for decentralized
23 distribution or for treatment meeting advanced secondary
24 treatment standards.
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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:
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1874
3-1105A-06 See HB 749
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, the
10 engineer shall also prepare a detailed feasibility study
11 comparing the costs to the owner of each affected lot or
12 parcel of construction and operation of the proposed sewerage
13 system or extension of the existing sewerage system to the
14 costs of construction and operation of an onsite sewage
15 treatment and disposal system approved by the Department of
16 Health that provides for decentralized distribution or for
17 treatment meeting advanced secondary treatment standards.
18 Section 3. Paragraph (a) of subsection (2) of section
19 163.3180, Florida Statutes, is amended to read:
20 163.3180 Concurrency.--
21 (2)(a) Consistent with public health and safety,
22 sanitary sewer, solid waste, drainage, adequate water
23 supplies, and potable water facilities shall be in place and
24 available to serve new development no later than the issuance
25 by the local government of a certificate of occupancy or its
26 functional equivalent. Prior to approval of a building permit
27 or its functional equivalent, the local government shall
28 consult with the applicable water supplier to determine
29 whether adequate water supplies to serve the new development
30 will be available no later than the anticipated date of
31 issuance by the local government of a certificate of occupancy
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1874
3-1105A-06 See HB 749
1 or its functional equivalent. A local government may meet the
2 concurrency requirement for sanitary sewer through the use of
3 onsite sewage treatment and disposal systems approved by the
4 Department of Health to serve new development.
5 Section 4. Subsection (3) is added to section 180.03,
6 Florida Statutes, to read:
7 180.03 Resolution or ordinance proposing construction
8 or extension of utility; objections to same.--
9 (3) For the construction of a new proposed sewerage
10 system or the extension of an existing sewerage system, prior
11 to adopting the resolution or ordinance required in subsection
12 (1), the municipality shall prepare a detailed feasibility
13 study comparing the costs to the owner of each affected lot or
14 parcel of construction and operation of the proposed sewerage
15 system or extension of the existing sewerage system to the
16 costs of construction and operation of an onsite sewage
17 treatment and disposal system approved by the Department of
18 Health that provides for decentralized distribution or for
19 treatment meeting advanced secondary treatment standards. The
20 results of such a study shall be included in the resolution or
21 ordinance required in subsection (1).
22 Section 5. Paragraphs (c), (d), and (e) are added to
23 subsection (2) of section 381.00655, Florida Statutes, to
24 read:
25 381.00655 Connection of existing onsite sewage
26 treatment and disposal systems to central sewerage system;
27 requirements.--
28 (2) The provisions of subsection (1) or any other
29 provision of law to the contrary notwithstanding:
30 (c) The owner of a decentralized onsite sewage
31 treatment and disposal system permitted by the department
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1874
3-1105A-06 See HB 749
1 shall not be required to connect to a publicly owned or
2 investor-owned sewerage system as long as the onsite system is
3 functioning properly and satisfying the conditions of the
4 operating permit.
5 (d) The owner of a performance-based onsite sewage
6 treatment and disposal system permitted by the department that
7 provides for treatment meeting advanced secondary treatment
8 standards shall not be required to connect to a publicly owned
9 or investor-owned sewerage system as long as the onsite system
10 is functioning properly and satisfying the conditions of the
11 operating permit.
12 (e) The owner of an onsite sewage treatment and
13 disposal system not described in paragraph (c) or paragraph
14 (d) but permitted by the department shall not be required to
15 connect to a publicly owned or investor-owned sewerage system
16 if the owner executes a legally binding agreement requiring
17 the owner to install a system described in paragraph (c) or
18 paragraph (d) upon the failure of the existing onsite system.
19 Section 6. This act shall take effect July 1, 2006.
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