1 | The Local Government Council recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to sewage treatment and disposal systems; |
7 | amending s. 153.54, F.S.; requiring county commissions to |
8 | include certain studies for the construction of a new |
9 | proposed sewerage system or the extension of an existing |
10 | sewerage system in certain reports; amending s. 153.73, |
11 | F.S.; requiring county water and sewer districts to |
12 | conduct certain studies for the construction of a new |
13 | proposed sewerage system or the extension of an existing |
14 | sewerage system prior to the levying of certain |
15 | assessments; amending s. 163.3180, F.S.; authorizing local |
16 | governments to use certain onsite sewage treatment and |
17 | disposal systems to meet certain concurrency requirements; |
18 | amending s. 180.03, F.S.; requiring municipalities to |
19 | conduct certain studies for the construction of a new |
20 | proposed sewerage system or the extension of an existing |
21 | sewerage system prior to the adoption of certain |
22 | resolutions or ordinances; amending s. 381.00655, F.S.; |
23 | authorizing local governments to grant variances from |
24 | connecting to a publicly owned or investor-owned sewerage |
25 | system under certain circumstances; providing |
26 | construction; providing an effective date. |
27 |
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28 | Be It Enacted by the Legislature of the State of Florida: |
29 |
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30 | Section 1. Subsection (5) is added to section 153.54, |
31 | Florida Statutes, to read: |
32 | 153.54 Preliminary report by county commissioners with |
33 | respect to creation of proposed district.--Upon receipt of a |
34 | petition duly signed by not less than 25 qualified electors who |
35 | are also freeholders residing within an area proposed to be |
36 | incorporated into a water and sewer district pursuant to this |
37 | law and describing in general terms the proposed boundaries of |
38 | such proposed district, the board of county commissioners if it |
39 | shall deem it necessary and advisable to create and establish |
40 | such proposed district for the purpose of constructing, |
41 | establishing or acquiring a water system or a sewer system or |
42 | both in and for such district (herein called "improvements"), |
43 | shall first cause a preliminary report to be made which such |
44 | report together with any other relevant or pertinent matters, |
45 | shall include at least the following: |
46 | (5) For the construction of a new proposed sewerage system |
47 | or the extension of an existing sewerage system that was not |
48 | previously approved, the report shall include a study that |
49 | includes the available information from the Department of Health |
50 | on the history of onsite sewage treatment and disposal systems |
51 | currently in use in the area and a comparison of the projected |
52 | costs to the owner of a typical lot or parcel of connecting to |
53 | and using the proposed sewerage system versus installing, |
54 | operating, and properly maintaining an onsite sewage treatment |
55 | system that is approved by the Department of Health and that |
56 | provides for the comparable level of environmental and health |
57 | protection as the proposed central sewerage system and other |
58 | factors deemed relevant by the local authority. |
59 |
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60 | Such report shall be filed in the office of the clerk of the |
61 | circuit court and shall be open for the inspection of any |
62 | taxpayer, property owner, qualified elector or any other |
63 | interested or affected person. |
64 | Section 2. Paragraph (c) is added to subsection (2) of |
65 | section 153.73, Florida Statutes, to read: |
66 | 153.73 Assessable improvements; levy and payment of |
67 | special assessments.--Any district may provide for the |
68 | construction or reconstruction of assessable improvements as |
69 | defined in s. 153.52, and for the levying of special assessments |
70 | upon benefited property for the payment thereof, under the |
71 | provisions of this section. |
72 | (2) |
73 | (c) For the construction of a new proposed sewerage system |
74 | or the extension of an existing sewerage system that was not |
75 | previously approved, the report shall include a study that |
76 | includes the available information from the Department of Health |
77 | on the history of onsite sewage treatment and disposal systems |
78 | currently in use in the area and a comparison of the projected |
79 | costs to the owner of a typical lot or parcel of connecting to |
80 | and using the proposed sewerage system versus installing, |
81 | operating, and properly maintaining an onsite sewage treatment |
82 | system that is approved by the Department of Health and that |
83 | provides for the comparable level of environmental and health |
84 | protection as the proposed central sewerage system and other |
85 | factors deemed relevant by the local authority. |
86 | Section 3. Paragraph (a) of subsection (2) of section |
87 | 163.3180, Florida Statutes, is amended to read: |
88 | 163.3180 Concurrency.-- |
89 | (2)(a) Consistent with public health and safety, sanitary |
90 | sewer, solid waste, drainage, adequate water supplies, and |
91 | potable water facilities shall be in place and available to |
92 | serve new development no later than the issuance by the local |
93 | government of a certificate of occupancy or its functional |
94 | equivalent. Prior to approval of a building permit or its |
95 | functional equivalent, the local government shall consult with |
96 | the applicable water supplier to determine whether adequate |
97 | water supplies to serve the new development will be available no |
98 | later than the anticipated date of issuance by the local |
99 | government of a certificate of occupancy or its functional |
100 | equivalent. A local government may meet the concurrency |
101 | requirement for sanitary sewer through the use of onsite sewage |
102 | treatment and disposal systems approved by the Department of |
103 | Health to serve new development. |
104 | Section 4. Subsection (3) is added to section 180.03, |
105 | Florida Statutes, to read: |
106 | 180.03 Resolution or ordinance proposing construction or |
107 | extension of utility; objections to same.-- |
108 | (3) For the construction of a new proposed sewerage system |
109 | or the extension of an existing sewerage system that was not |
110 | previously approved, the report shall include a study that |
111 | includes the available information from the Department of Health |
112 | on the history of onsite sewage treatment and disposal systems |
113 | currently in use in the area and a comparison of the projected |
114 | costs to the owner of a typical lot or parcel of connecting to |
115 | and using the proposed sewerage system versus installing, |
116 | operating, and properly maintaining an onsite sewage treatment |
117 | system that is approved by the Department of Health and that |
118 | provides for the comparable level of environmental and health |
119 | protection as the proposed central sewerage system and other |
120 | factors deemed relevant by the local authority. The results of |
121 | such a study shall be included in the resolution or ordinance |
122 | required under subsection (1). |
123 | Section 5. Paragraph (c) is added to subsection (2) of |
124 | section 381.00655, Florida Statutes, to read: |
125 | 381.00655 Connection of existing onsite sewage treatment |
126 | and disposal systems to central sewerage system; requirements.-- |
127 | (2) The provisions of subsection (1) or any other |
128 | provision of law to the contrary notwithstanding: |
129 | (c) A local government may grant a variance to an owner of |
130 | a performance-based onsite sewage treatment and disposal system |
131 | permitted by the department as long as the onsite system is |
132 | functioning properly and satisfying the conditions of the |
133 | operating permit. Nothing in this paragraph shall be construed |
134 | to require a local government to issue a variance under any |
135 | circumstance. A local government located within an area of |
136 | critical state concern or located in an area that was designated |
137 | as an area of critical state concern for at least 20 consecutive |
138 | years prior to removal of the designation shall not be required |
139 | to issue a variance under any circumstance, and nothing in this |
140 | paragraph shall be construed as limiting local government |
141 | authority to enact ordinances under s. 4 of chapter 99-395, Laws |
142 | of Florida. |
143 | Section 6. This act shall take effect July 1, 2006. |