Senate Bill sb1874c2
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Florida Senate - 2006 CS for CS for SB 1874
By the Committees on Health Care; Community Affairs; and
Senator Argenziano
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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 concerning the construction of a
6 proposed new sewerage system or the extension
7 of an existing sewerage system in certain
8 reports; amending s. 153.73, F.S.; requiring
9 county water and sewer districts to conduct
10 certain studies concerning the construction of
11 a new proposed sewerage system or the extension
12 of an existing sewerage system prior to the
13 levying of certain assessments; amending s.
14 163.3180, F.S.; authorizing local governments
15 to use certain onsite sewage treatment and
16 disposal systems to meet certain concurrency
17 requirements; amending s. 180.03, F.S.;
18 requiring municipalities to conduct certain
19 studies concerning the construction of a
20 proposed new sewerage system or the extension
21 of an existing sewerage system prior to the
22 adoption of certain resolutions or ordinances;
23 amending s. 381.00655, F.S.; authorizing local
24 governments or water and sewer districts
25 responsible for the operation of a centralized
26 sewage system to grant variances from
27 connecting to a publicly owned or
28 investor-owned sewerage system under certain
29 circumstances; providing for construction;
30 amending s. 381.0067, F.S.; authorizing the
31 Department of Health or its agents to require
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Florida Senate - 2006 CS for CS for SB 1874
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1 repair or replacement of an existing sewage
2 treatment and disposal system under certain
3 circumstances; requiring the department or its
4 agents to issue an order requiring an owner to
5 repair or replace an onsite sewage treatment
6 and disposal system under certain
7 circumstances; providing for construction;
8 amending s. 489.554, F.S.; increasing the
9 annual continuing education requirements for
10 septic tank contractors and master septic tank
11 contractors; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
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15 Section 1. Section 153.54, Florida Statutes, is
16 amended to read:
17 153.54 Preliminary report by county commissioners with
18 respect to creation of proposed district.--
19 (1) Upon receipt of a petition duly signed by no fewer
20 not less than 25 qualified electors who are also freeholders
21 residing within an area proposed to be incorporated into a
22 water and sewer district pursuant to this law and describing
23 in general terms the proposed boundaries of such proposed
24 district, the board of county commissioners if it shall deem
25 it necessary and advisable to create and establish such
26 proposed district for the purpose of constructing,
27 establishing or acquiring a water system or a sewer system or
28 both in and for such district (herein called "improvements"),
29 shall first cause a preliminary report to be made which such
30 report together with any other relevant or pertinent matters,
31 shall include at least the following:
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1 (a)(1) A general description of the proposed
2 improvements to be made in such district.
3 (b)(2) A general estimate of the cost of the proposed
4 improvements.
5 (c)(3) The present condition of water and sewer
6 facilities in the area comprising such proposed district.
7 (d)(4) Findings with respect to the necessity or
8 reasonableness of the inclusion of lands proposed to be
9 included within the district with reference to the benefits to
10 be derived or able to be derived by such included lands from
11 such proposed improvements, and the necessity or
12 reasonableness of the exclusion of lands adjacent to or within
13 such proposed district with reference to such benefits.
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15 Such report shall be filed in the office of the clerk of the
16 circuit court and shall be open for the inspection of any
17 taxpayer, property owner, qualified elector or any other
18 interested or affected person.
19 (2) 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
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1 central sewerage system; and other factors deemed relevant by
2 the local authority.
3 Section 2. Paragraph (c) is added to subsection (2) of
4 section 153.73, Florida Statutes, to read:
5 153.73 Assessable improvements; levy and payment of
6 special assessments.--Any district may provide for the
7 construction or reconstruction of assessable improvements as
8 defined in s. 153.52, and for the levying of special
9 assessments upon benefited property for the payment thereof,
10 under the provisions of this section.
11 (2)
12 (c) For the construction of a proposed new sewerage
13 system or the extension of an existing sewerage system that
14 was not previously approved, the report must include a study
15 that includes the available information from the Department of
16 Health concerning the history of onsite sewage treatment and
17 disposal systems currently in use in the area; a comparison of
18 the projected costs to the owner of a typical lot or parcel of
19 connecting to and using the proposed sewerage system versus
20 installing, operating, and properly maintaining an onsite
21 sewage treatment system that is approved by the Department of
22 Health and that provides for a level of environmental and
23 health protection comparable to that provided by the proposed
24 central sewerage system; and other factors deemed relevant by
25 the local authority.
26 Section 3. Paragraph (a) of subsection (2) of section
27 163.3180, Florida Statutes, is amended to read:
28 163.3180 Concurrency.--
29 (2)(a) Consistent with public health and safety,
30 sanitary sewer, solid waste, drainage, adequate water
31 supplies, and potable water facilities shall be in place and
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1 available to serve new development no later than the issuance
2 by the local government of a certificate of occupancy or its
3 functional equivalent. Prior to approval of a building permit
4 or its functional equivalent, the local government shall
5 consult with the applicable water supplier to determine
6 whether adequate water supplies to serve the new development
7 will be available no later than the anticipated date of
8 issuance by the local government of a certificate of occupancy
9 or its functional equivalent. A local government may meet the
10 concurrency requirement for a sanitary sewer through the use
11 of onsite sewage treatment and disposal systems approved by
12 the Department of Health to serve new development.
13 Section 4. Subsection (3) is added to section 180.03,
14 Florida Statutes, to read:
15 180.03 Resolution or ordinance proposing construction
16 or extension of utility; objections to same.--
17 (3) For the construction of a proposed new sewerage
18 system or the extension of an existing sewerage system that
19 was not previously approved, the report must include a study
20 that includes the available information from the Department of
21 Health concerning the history of onsite sewage treatment and
22 disposal systems currently in use in the area; a comparison of
23 the projected costs to the owner of a typical lot or parcel of
24 connecting to and using the proposed sewerage system versus
25 installing, operating, and properly maintaining an onsite
26 sewage treatment system that is approved by the Department of
27 Health and that provides for a level of environmental and
28 health protection comparable to that provided by the proposed
29 central sewerage system; and other factors deemed relevant by
30 the local authority. The results of such a study shall be
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1 included in the resolution or ordinance required under
2 subsection (1).
3 Section 5. Paragraph (c) is added to subsection (2) of
4 section 381.00655, Florida Statutes, to read:
5 381.00655 Connection of existing onsite sewage
6 treatment and disposal systems to central sewerage system;
7 requirements.--
8 (2) The provisions of subsection (1) or any other
9 provision of law to the contrary notwithstanding:
10 (c) A local government or water and sewer district
11 responsible for the operation of a centralized sewer system
12 under s. 381.0065 may grant a variance to an owner of a
13 performance-based onsite sewage treatment and disposal system
14 permitted by the department as long as the onsite system is
15 functioning properly and satisfying the conditions of the
16 operating permit. This paragraph does not require a local
17 government or water and sewer district responsible for the
18 operation of a centralized sewer system under s. 381.0065 to
19 issue a variance under any circumstances. A local government
20 or water and sewer district responsible for the operation of a
21 centralized sewer system under s. 381.0065 located within an
22 area of critical state concern or located in an area that was
23 designated as an area of critical state concern for at least
24 20 consecutive years prior to removal of the designation is
25 not required to issue a variance under any circumstance, and
26 this paragraph does not limit the authority of a local
27 government to enact ordinances under s. 4 of chapter 99-395,
28 Laws of Florida. A local government or water and sewer
29 district responsible for the operation of a centralized sewer
30 system under s. 381.0065 in an area designated by the Lake
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1 Okeechobee Protection Act is not required to issue a variance
2 under any circumstance.
3 Section 6. Section 381.0067, Florida Statutes, is
4 amended to read:
5 381.0067 Corrective orders; private and certain public
6 water systems and onsite sewage treatment and disposal
7 systems.--When the department or its agents, through
8 investigation, find that any private water system, public
9 water system not covered or included in the Florida Safe
10 Drinking Water Act (part VI of chapter 403) or onsite sewage
11 treatment and disposal system constitutes a nuisance or menace
12 to the public health, the department or its agents it may
13 issue an order requiring the owner to correct the improper
14 condition. If the improper condition relates to the drainage
15 field of an onsite sewage treatment and disposal system, the
16 department or its agents may issue an order requiring the
17 owner to repair or replace the drainage field. If an onsite
18 sewage treatment and disposal system has failed, the
19 department or its agents shall issue an order requiring the
20 owner to replace the system. For the purposes of this section,
21 an onsite sewage treatment and disposal system has failed if
22 the operation of the system constitutes a nuisance or menace
23 to the public health and the system cannot be repaired.
24 Section 7. Subsection (2) of section 489.554, Florida
25 Statutes, is amended to read:
26 489.554 Registration renewal.--
27 (2) At a minimum, annual renewal shall include
28 continuing education requirements of not less than 12 6
29 classroom hours annually for septic tank contractors and not
30 less than 18 12 classroom hours annually for master septic
31 tank contractors. The 18 12 classroom hours of continuing
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1 education required for master septic tank contractors may
2 include the 12 6 classroom hours required for septic tank
3 contractors, but at a minimum must include 6 classroom hours
4 of approved master septic tank contractor coursework.
5 Section 8. This act shall take effect July 1, 2006.
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7 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
8 CS for Senate Bill 1874
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10 The committee substitute requires local governments and water
and sewage districts planning to construct a new sewerage
11 system, or extend an existing system, to conduct a study of
the use of onsite sewage treatment and disposal systems in
12 their jurisdiction. The study must include a comparison of the
cost to the average property owner of connecting to the
13 centralized system versus installing, operating, and properly
maintaining an onsite system, and other factors determined
14 appropriate for the study.
15 The committee substitute allows a local government to meet any
concurrency requirement for a sanitary sewer through the use
16 of onsite systems approved by the Department of Health. It
allows a local government or water and sewer district to grant
17 a variance to an owner of a performance-based onsite system as
long as the system is functioning appropriately, although a
18 local government or water and sewer district is not required
to grant the variance, and specifies that certain local
19 governments are not required to issue a variance under any
circumstances.
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The committee substitute allows the department or its agent to
21 issue an order requiring the owner of an onsite system that is
in improper condition to repair or replace the system. The
22 amendment increases the number of continuing education credits
necessary for septic tank contractors and master septic tank
23 contractors.
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