HB 0749CS

CHAMBER ACTION




1The Agriculture & Environment Appropriations Committee
2recommends the following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to sewage treatment and disposal systems;
8amending s. 153.54, F.S.; requiring county commissions to
9include certain studies for the construction of a new
10proposed sewerage system or the extension of an existing
11sewerage system in certain reports; amending s. 153.73,
12F.S.; requiring county water and sewer districts to
13conduct certain studies for the construction of a new
14proposed sewerage system or the extension of an existing
15sewerage system prior to the levying of certain
16assessments; amending s. 163.3180, F.S.; authorizing local
17governments to use certain onsite sewage treatment and
18disposal systems to meet certain concurrency requirements;
19amending s. 180.03, F.S.; requiring municipalities to
20conduct certain studies for the construction of a new
21proposed sewerage system or the extension of an existing
22sewerage system prior to the adoption of certain
23resolutions or ordinances; amending s. 381.00655, F.S.;
24authorizing local governments to grant variances from
25connecting to a publicly owned or investor-owned sewerage
26system under certain circumstances; providing
27construction; amending s. 381.0067, F.S.; authorizing the
28Department of Health or it agents to require repair or
29replacement of drainage fields under certain
30circumstances; requiring the department or its agents to
31issue an order for the replacement of an onsite sewage
32treatment and disposal system under certain circumstances;
33providing construction; amending s. 489.554, F.S.;
34increasing annual continuing education requirements for
35septic tank contractors and master septic tank
36contractors; providing an effective date.
37
38Be It Enacted by the Legislature of the State of Florida:
39
40     Section 1.  Subsection (5) is added to section 153.54,
41Florida Statutes, to read:
42     153.54  Preliminary report by county commissioners with
43respect to creation of proposed district.--Upon receipt of a
44petition duly signed by not less than 25 qualified electors who
45are also freeholders residing within an area proposed to be
46incorporated into a water and sewer district pursuant to this
47law and describing in general terms the proposed boundaries of
48such proposed district, the board of county commissioners if it
49shall deem it necessary and advisable to create and establish
50such proposed district for the purpose of constructing,
51establishing or acquiring a water system or a sewer system or
52both in and for such district (herein called "improvements"),
53shall first cause a preliminary report to be made which such
54report together with any other relevant or pertinent matters,
55shall include at least the following:
56     (5)  For the construction of a new proposed sewerage system
57or the extension of an existing sewerage system that was not
58previously approved, the report shall include a study that
59includes the available information from the Department of Health
60on the history of onsite sewage treatment and disposal systems
61currently in use in the area and a comparison of the projected
62costs to the owner of a typical lot or parcel of connecting to
63and using the proposed sewerage system versus installing,
64operating, and properly maintaining an onsite sewage treatment
65system that is approved by the Department of Health and that
66provides for the comparable level of environmental and health
67protection as the proposed central sewerage system and other
68factors deemed relevant by the local authority.
69
70Such report shall be filed in the office of the clerk of the
71circuit court and shall be open for the inspection of any
72taxpayer, property owner, qualified elector or any other
73interested or affected person.
74     Section 2.  Paragraph (c) is added to subsection (2) of
75section 153.73, Florida Statutes, to read:
76     153.73  Assessable improvements; levy and payment of
77special assessments.--Any district may provide for the
78construction or reconstruction of assessable improvements as
79defined in s. 153.52, and for the levying of special assessments
80upon benefited property for the payment thereof, under the
81provisions of this section.
82     (2)
83     (c)  For the construction of a new proposed sewerage system
84or the extension of an existing sewerage system that was not
85previously approved, the report shall include a study that
86includes the available information from the Department of Health
87on the history of onsite sewage treatment and disposal systems
88currently in use in the area and a comparison of the projected
89costs to the owner of a typical lot or parcel of connecting to
90and using the proposed sewerage system versus installing,
91operating, and properly maintaining an onsite sewage treatment
92system that is approved by the Department of Health and that
93provides for the comparable level of environmental and health
94protection as the proposed central sewerage system and other
95factors deemed relevant by the local authority.
96     Section 3.  Paragraph (a) of subsection (2) of section
97163.3180, Florida Statutes, is amended to read:
98     163.3180  Concurrency.--
99     (2)(a)  Consistent with public health and safety, sanitary
100sewer, solid waste, drainage, adequate water supplies, and
101potable water facilities shall be in place and available to
102serve new development no later than the issuance by the local
103government of a certificate of occupancy or its functional
104equivalent. Prior to approval of a building permit or its
105functional equivalent, the local government shall consult with
106the applicable water supplier to determine whether adequate
107water supplies to serve the new development will be available no
108later than the anticipated date of issuance by the local
109government of a certificate of occupancy or its functional
110equivalent. A local government may meet the concurrency
111requirement for sanitary sewer through the use of onsite sewage
112treatment and disposal systems approved by the Department of
113Health to serve new development.
114     Section 4.  Subsection (3) is added to section 180.03,
115Florida Statutes, to read:
116     180.03  Resolution or ordinance proposing construction or
117extension of utility; objections to same.--
118     (3)  For the construction of a new proposed sewerage system
119or the extension of an existing sewerage system that was not
120previously approved, the report shall include a study that
121includes the available information from the Department of Health
122on the history of onsite sewage treatment and disposal systems
123currently in use in the area and a comparison of the projected
124costs to the owner of a typical lot or parcel of connecting to
125and using the proposed sewerage system versus installing,
126operating, and properly maintaining an onsite sewage treatment
127system that is approved by the Department of Health and that
128provides for the comparable level of environmental and health
129protection as the proposed central sewerage system and other
130factors deemed relevant by the local authority. The results of
131such a study shall be included in the resolution or ordinance
132required under subsection (1).
133     Section 5.  Paragraph (c) is added to subsection (2) of
134section 381.00655, Florida Statutes, to read:
135     381.00655  Connection of existing onsite sewage treatment
136and disposal systems to central sewerage system; requirements.--
137     (2)  The provisions of subsection (1) or any other
138provision of law to the contrary notwithstanding:
139     (c)  A local government may grant a variance to an owner of
140a performance-based onsite sewage treatment and disposal system
141permitted by the department as long as the onsite system is
142functioning properly and satisfying the conditions of the
143operating permit. Nothing in this paragraph shall be construed
144to require a local government to issue a variance under any
145circumstance. A local government located within an area of
146critical state concern or located in an area that was designated
147as an area of critical state concern for at least 20 consecutive
148years prior to removal of the designation shall not be required
149to issue a variance under any circumstance, and nothing in this
150paragraph shall be construed as limiting local government
151authority to enact ordinances under s. 4 of chapter 99-395, Laws
152of Florida.
153     Section 6.  Section 381.0067, Florida Statutes, is amended
154to read:
155     381.0067  Corrective orders; private and certain public
156water systems and onsite sewage treatment and disposal
157systems.--When the department or its agents, through
158investigation, find that any private water system, public water
159system not covered or included in the Florida Safe Drinking
160Water Act (part VI of chapter 403) or onsite sewage treatment
161and disposal system constitutes a nuisance or menace to the
162public health, the department or its agents it may issue an
163order requiring the owner to correct the improper condition. If
164the improper condition relates to the drainage field of an
165onsite sewage treatment and disposal system, the department or
166its agents may issue an order requiring the owner to repair or
167replace the drainage field. If an onsite sewage treatment and
168disposal system has failed, the department or its agents shall
169issue an order requiring the owner to replace the system. For
170purposes of this section, an onsite sewage treatment and
171disposal system has failed if the operation of the system
172constitutes a nuisance or menace to the public health and the
173system cannot be repaired.
174     Section 7.  Subsection (2) of section 489.554, Florida
175Statutes, is amended to read:
176     489.554  Registration renewal.--
177     (2)  At a minimum, annual renewal shall include continuing
178education requirements of not less than 12 6 classroom hours
179annually for septic tank contractors and not less than 18 12
180classroom hours annually for master septic tank contractors. The
18118 12 classroom hours of continuing education required for
182master septic tank contractors may include the 12 6 classroom
183hours required for septic tank contractors, but at a minimum
184must include 6 classroom hours of approved master septic tank
185contractor coursework.
186     Section 8.  This act shall take effect July 1, 2006.


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