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.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

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.

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:

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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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CODING: Words stricken are deletions; words underlined are additions.