| 1 | The Agriculture & Environment Appropriations Committee |
| 2 | recommends the following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to sewage treatment and disposal systems; |
| 8 | amending s. 153.54, F.S.; requiring county commissions to |
| 9 | include certain studies for the construction of a new |
| 10 | proposed sewerage system or the extension of an existing |
| 11 | sewerage system in certain reports; amending s. 153.73, |
| 12 | F.S.; requiring county water and sewer districts to |
| 13 | conduct certain studies for the construction of a new |
| 14 | proposed sewerage system or the extension of an existing |
| 15 | sewerage system prior to the levying of certain |
| 16 | assessments; amending s. 163.3180, F.S.; authorizing local |
| 17 | governments to use certain onsite sewage treatment and |
| 18 | disposal systems to meet certain concurrency requirements; |
| 19 | amending s. 180.03, F.S.; requiring municipalities to |
| 20 | conduct certain studies for the construction of a new |
| 21 | proposed sewerage system or the extension of an existing |
| 22 | sewerage system prior to the adoption of certain |
| 23 | resolutions or ordinances; amending s. 381.00655, F.S.; |
| 24 | authorizing local governments to grant variances from |
| 25 | connecting to a publicly owned or investor-owned sewerage |
| 26 | system under certain circumstances; providing |
| 27 | construction; amending s. 381.0067, F.S.; authorizing the |
| 28 | Department of Health or it agents to require repair or |
| 29 | replacement of drainage fields under certain |
| 30 | circumstances; requiring the department or its agents to |
| 31 | issue an order for the replacement of an onsite sewage |
| 32 | treatment and disposal system under certain circumstances; |
| 33 | providing construction; amending s. 489.554, F.S.; |
| 34 | increasing annual continuing education requirements for |
| 35 | septic tank contractors and master septic tank |
| 36 | contractors; providing an effective date. |
| 37 |
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| 38 | Be It Enacted by the Legislature of the State of Florida: |
| 39 |
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| 40 | Section 1. Subsection (5) is added to section 153.54, |
| 41 | Florida Statutes, to read: |
| 42 | 153.54 Preliminary report by county commissioners with |
| 43 | respect to creation of proposed district.--Upon receipt of a |
| 44 | petition duly signed by not less than 25 qualified electors who |
| 45 | are also freeholders residing within an area proposed to be |
| 46 | incorporated into a water and sewer district pursuant to this |
| 47 | law and describing in general terms the proposed boundaries of |
| 48 | such proposed district, the board of county commissioners if it |
| 49 | shall deem it necessary and advisable to create and establish |
| 50 | such proposed district for the purpose of constructing, |
| 51 | establishing or acquiring a water system or a sewer system or |
| 52 | both in and for such district (herein called "improvements"), |
| 53 | shall first cause a preliminary report to be made which such |
| 54 | report together with any other relevant or pertinent matters, |
| 55 | shall include at least the following: |
| 56 | (5) For the construction of a new proposed sewerage system |
| 57 | or the extension of an existing sewerage system that was not |
| 58 | previously approved, the report shall include a study that |
| 59 | includes the available information from the Department of Health |
| 60 | on the history of onsite sewage treatment and disposal systems |
| 61 | currently in use in the area and a comparison of the projected |
| 62 | costs to the owner of a typical lot or parcel of connecting to |
| 63 | and using the proposed sewerage system versus installing, |
| 64 | operating, and properly maintaining an onsite sewage treatment |
| 65 | system that is approved by the Department of Health and that |
| 66 | provides for the comparable level of environmental and health |
| 67 | protection as the proposed central sewerage system and other |
| 68 | factors deemed relevant by the local authority. |
| 69 |
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| 70 | Such report shall be filed in the office of the clerk of the |
| 71 | circuit court and shall be open for the inspection of any |
| 72 | taxpayer, property owner, qualified elector or any other |
| 73 | interested or affected person. |
| 74 | Section 2. Paragraph (c) is added to subsection (2) of |
| 75 | section 153.73, Florida Statutes, to read: |
| 76 | 153.73 Assessable improvements; levy and payment of |
| 77 | special assessments.--Any district may provide for the |
| 78 | construction or reconstruction of assessable improvements as |
| 79 | defined in s. 153.52, and for the levying of special assessments |
| 80 | upon benefited property for the payment thereof, under the |
| 81 | provisions of this section. |
| 82 | (2) |
| 83 | (c) For the construction of a new proposed sewerage system |
| 84 | or the extension of an existing sewerage system that was not |
| 85 | previously approved, the report shall include a study that |
| 86 | includes the available information from the Department of Health |
| 87 | on the history of onsite sewage treatment and disposal systems |
| 88 | currently in use in the area and a comparison of the projected |
| 89 | costs to the owner of a typical lot or parcel of connecting to |
| 90 | and using the proposed sewerage system versus installing, |
| 91 | operating, and properly maintaining an onsite sewage treatment |
| 92 | system that is approved by the Department of Health and that |
| 93 | provides for the comparable level of environmental and health |
| 94 | protection as the proposed central sewerage system and other |
| 95 | factors deemed relevant by the local authority. |
| 96 | Section 3. Paragraph (a) of subsection (2) of section |
| 97 | 163.3180, Florida Statutes, is amended to read: |
| 98 | 163.3180 Concurrency.-- |
| 99 | (2)(a) Consistent with public health and safety, sanitary |
| 100 | sewer, solid waste, drainage, adequate water supplies, and |
| 101 | potable water facilities shall be in place and available to |
| 102 | serve new development no later than the issuance by the local |
| 103 | government of a certificate of occupancy or its functional |
| 104 | equivalent. Prior to approval of a building permit or its |
| 105 | functional equivalent, the local government shall consult with |
| 106 | the applicable water supplier to determine whether adequate |
| 107 | water supplies to serve the new development will be available no |
| 108 | later than the anticipated date of issuance by the local |
| 109 | government of a certificate of occupancy or its functional |
| 110 | equivalent. A local government may meet the concurrency |
| 111 | requirement for sanitary sewer through the use of onsite sewage |
| 112 | treatment and disposal systems approved by the Department of |
| 113 | Health to serve new development. |
| 114 | Section 4. Subsection (3) is added to section 180.03, |
| 115 | Florida Statutes, to read: |
| 116 | 180.03 Resolution or ordinance proposing construction or |
| 117 | extension of utility; objections to same.-- |
| 118 | (3) For the construction of a new proposed sewerage system |
| 119 | or the extension of an existing sewerage system that was not |
| 120 | previously approved, the report shall include a study that |
| 121 | includes the available information from the Department of Health |
| 122 | on the history of onsite sewage treatment and disposal systems |
| 123 | currently in use in the area and a comparison of the projected |
| 124 | costs to the owner of a typical lot or parcel of connecting to |
| 125 | and using the proposed sewerage system versus installing, |
| 126 | operating, and properly maintaining an onsite sewage treatment |
| 127 | system that is approved by the Department of Health and that |
| 128 | provides for the comparable level of environmental and health |
| 129 | protection as the proposed central sewerage system and other |
| 130 | factors deemed relevant by the local authority. The results of |
| 131 | such a study shall be included in the resolution or ordinance |
| 132 | required under subsection (1). |
| 133 | Section 5. Paragraph (c) is added to subsection (2) of |
| 134 | section 381.00655, Florida Statutes, to read: |
| 135 | 381.00655 Connection of existing onsite sewage treatment |
| 136 | and disposal systems to central sewerage system; requirements.-- |
| 137 | (2) The provisions of subsection (1) or any other |
| 138 | provision of law to the contrary notwithstanding: |
| 139 | (c) A local government may grant a variance to an owner of |
| 140 | a performance-based onsite sewage treatment and disposal system |
| 141 | permitted by the department as long as the onsite system is |
| 142 | functioning properly and satisfying the conditions of the |
| 143 | operating permit. Nothing in this paragraph shall be construed |
| 144 | to require a local government to issue a variance under any |
| 145 | circumstance. A local government located within an area of |
| 146 | critical state concern or located in an area that was designated |
| 147 | as an area of critical state concern for at least 20 consecutive |
| 148 | years prior to removal of the designation shall not be required |
| 149 | to issue a variance under any circumstance, and nothing in this |
| 150 | paragraph shall be construed as limiting local government |
| 151 | authority to enact ordinances under s. 4 of chapter 99-395, Laws |
| 152 | of Florida. |
| 153 | Section 6. Section 381.0067, Florida Statutes, is amended |
| 154 | to read: |
| 155 | 381.0067 Corrective orders; private and certain public |
| 156 | water systems and onsite sewage treatment and disposal |
| 157 | systems.--When the department or its agents, through |
| 158 | investigation, find that any private water system, public water |
| 159 | system not covered or included in the Florida Safe Drinking |
| 160 | Water Act (part VI of chapter 403) or onsite sewage treatment |
| 161 | and disposal system constitutes a nuisance or menace to the |
| 162 | public health, the department or its agents it may issue an |
| 163 | order requiring the owner to correct the improper condition. If |
| 164 | the improper condition relates to the drainage field of an |
| 165 | onsite sewage treatment and disposal system, the department or |
| 166 | its agents may issue an order requiring the owner to repair or |
| 167 | replace the drainage field. If an onsite sewage treatment and |
| 168 | disposal system has failed, the department or its agents shall |
| 169 | issue an order requiring the owner to replace the system. For |
| 170 | purposes of this section, an onsite sewage treatment and |
| 171 | disposal system has failed if the operation of the system |
| 172 | constitutes a nuisance or menace to the public health and the |
| 173 | system cannot be repaired. |
| 174 | Section 7. Subsection (2) of section 489.554, Florida |
| 175 | Statutes, is amended to read: |
| 176 | 489.554 Registration renewal.-- |
| 177 | (2) At a minimum, annual renewal shall include continuing |
| 178 | education requirements of not less than 12 6 classroom hours |
| 179 | annually for septic tank contractors and not less than 18 12 |
| 180 | classroom hours annually for master septic tank contractors. The |
| 181 | 18 12 classroom hours of continuing education required for |
| 182 | master septic tank contractors may include the 12 6 classroom |
| 183 | hours required for septic tank contractors, but at a minimum |
| 184 | must include 6 classroom hours of approved master septic tank |
| 185 | contractor coursework. |
| 186 | Section 8. This act shall take effect July 1, 2006. |