HB 0749

CS

CHAMBER ACTION

1	The Local Government Council recommends the following:
2
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
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:
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
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.

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