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. |