| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 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. 381.0062, F.S.; |
| 24 | authorizing the Department of Health to delegate authority |
| 25 | for the issuance of permits for private and multifamily |
| 26 | water systems under certain circumstances; amending s. |
| 27 | 381.0065, F.S.; authorizing the department to delegate |
| 28 | authority for the issuance of permits for onsite sewage |
| 29 | treatment and disposal systems under certain |
| 30 | circumstances; amending s. 381.00655, F.S.; authorizing |
| 31 | local governments to grant variances from connecting to a |
| 32 | publicly owned or investor-owned sewerage system under |
| 33 | certain circumstances; providing construction; amending s. |
| 34 | 381.0067, F.S.; authorizing the department or its agents |
| 35 | to require repair or replacement of drainfields under |
| 36 | certain circumstances; requiring the department or its |
| 37 | agents to issue an order for the replacement of an onsite |
| 38 | sewage treatment and disposal system under certain |
| 39 | circumstances; providing construction; amending s. |
| 40 | 489.554, F.S.; increasing annual continuing education |
| 41 | requirements for septic tank contractors and master septic |
| 42 | tank contractors; providing an effective date. |
| 43 |
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| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
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| 46 | Section 1. Subsection (5) is added to section 153.54, |
| 47 | Florida Statutes, to read: |
| 48 | 153.54 Preliminary report by county commissioners with |
| 49 | respect to creation of proposed district.--Upon receipt of a |
| 50 | petition duly signed by not less than 25 qualified electors who |
| 51 | are also freeholders residing within an area proposed to be |
| 52 | incorporated into a water and sewer district pursuant to this |
| 53 | law and describing in general terms the proposed boundaries of |
| 54 | such proposed district, the board of county commissioners if it |
| 55 | shall deem it necessary and advisable to create and establish |
| 56 | such proposed district for the purpose of constructing, |
| 57 | establishing or acquiring a water system or a sewer system or |
| 58 | both in and for such district (herein called "improvements"), |
| 59 | shall first cause a preliminary report to be made which such |
| 60 | report together with any other relevant or pertinent matters, |
| 61 | shall include at least the following: |
| 62 | (5) For the construction of a new proposed sewerage system |
| 63 | or the extension of an existing sewerage system that was not |
| 64 | previously approved, the report shall include a study that |
| 65 | includes the available information from the Department of Health |
| 66 | on the history of onsite sewage treatment and disposal systems |
| 67 | currently in use in the area and a comparison of the projected |
| 68 | costs to the owner of a typical lot or parcel of connecting to |
| 69 | and using the proposed sewerage system versus installing, |
| 70 | operating, and properly maintaining an onsite sewage treatment |
| 71 | system that is approved by the Department of Health and that |
| 72 | provides for the comparable level of environmental and health |
| 73 | protection as the proposed central sewerage system; |
| 74 | consideration of the local authority's obligations or reasonably |
| 75 | anticipated obligations for water body cleanup and protection |
| 76 | under state or federal programs, including requirements for |
| 77 | water bodies listed under s. 303(d) of the Clean Water Act, Pub. |
| 78 | L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors |
| 79 | deemed relevant by the local authority. |
| 80 | Such report shall be filed in the office of the clerk of the |
| 81 | circuit court and shall be open for the inspection of any |
| 82 | taxpayer, property owner, qualified elector or any other |
| 83 | interested or affected person. |
| 84 | Section 2. Paragraph (c) is added to subsection (2) of |
| 85 | section 153.73, Florida Statutes, to read: |
| 86 | 153.73 Assessable improvements; levy and payment of |
| 87 | special assessments.--Any district may provide for the |
| 88 | construction or reconstruction of assessable improvements as |
| 89 | defined in s. 153.52, and for the levying of special assessments |
| 90 | upon benefited property for the payment thereof, under the |
| 91 | provisions of this section. |
| 92 | (2) |
| 93 | (c) For the construction of a new proposed sewerage system |
| 94 | or the extension of an existing sewerage system that was not |
| 95 | previously approved, the report shall include a study that |
| 96 | includes the available information from the Department of Health |
| 97 | on the history of onsite sewage treatment and disposal systems |
| 98 | currently in use in the area and a comparison of the projected |
| 99 | costs to the owner of a typical lot or parcel of connecting to |
| 100 | and using the proposed sewerage system versus installing, |
| 101 | operating, and properly maintaining an onsite sewage treatment |
| 102 | system that is approved by the Department of Health and that |
| 103 | provides for the comparable level of environmental and health |
| 104 | protection as the proposed central sewerage system; |
| 105 | consideration of the local authority's obligations or reasonably |
| 106 | anticipated obligations for water body cleanup and protection |
| 107 | under state or federal programs, including requirements for |
| 108 | water bodies listed under s. 303(d) of the Clean Water Act, Pub. |
| 109 | L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors |
| 110 | deemed relevant by the local authority. |
| 111 | Section 3. Paragraph (a) of subsection (2) of section |
| 112 | 163.3180, Florida Statutes, is amended to read: |
| 113 | 163.3180 Concurrency.-- |
| 114 | (2)(a) Consistent with public health and safety, sanitary |
| 115 | sewer, solid waste, drainage, adequate water supplies, and |
| 116 | potable water facilities shall be in place and available to |
| 117 | serve new development no later than the issuance by the local |
| 118 | government of a certificate of occupancy or its functional |
| 119 | equivalent. Prior to approval of a building permit or its |
| 120 | functional equivalent, the local government shall consult with |
| 121 | the applicable water supplier to determine whether adequate |
| 122 | water supplies to serve the new development will be available no |
| 123 | later than the anticipated date of issuance by the local |
| 124 | government of a certificate of occupancy or its functional |
| 125 | equivalent. A local government may meet the concurrency |
| 126 | requirement for sanitary sewer through the use of onsite sewage |
| 127 | treatment and disposal systems approved by the Department of |
| 128 | Health to serve new development. |
| 129 | Section 4. Subsection (3) is added to section 180.03, |
| 130 | Florida Statutes, to read: |
| 131 | 180.03 Resolution or ordinance proposing construction or |
| 132 | extension of utility; objections to same.-- |
| 133 | (3) For the construction of a new proposed sewerage system |
| 134 | or the extension of an existing sewerage system that was not |
| 135 | previously approved, the report shall include a study that |
| 136 | includes the available information from the Department of Health |
| 137 | on the history of onsite sewage treatment and disposal systems |
| 138 | currently in use in the area and a comparison of the projected |
| 139 | costs to the owner of a typical lot or parcel of connecting to |
| 140 | and using the proposed sewerage system versus installing, |
| 141 | operating, and properly maintaining an onsite sewage treatment |
| 142 | system that is approved by the Department of Health and that |
| 143 | provides for the comparable level of environmental and health |
| 144 | protection as the proposed central sewerage system; |
| 145 | consideration of the local authority's obligations or reasonably |
| 146 | anticipated obligations for water body cleanup and protection |
| 147 | under state or federal programs, including requirements for |
| 148 | water bodies listed under s. 303(d) of the Clean Water Act, Pub. |
| 149 | L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors |
| 150 | deemed relevant by the local authority. The results of such a |
| 151 | study shall be included in the resolution or ordinance required |
| 152 | under subsection (1). |
| 153 | Section 5. Paragraph (l) is added to subsection (3) of |
| 154 | section 381.0062, Florida Statutes, to read: |
| 155 | 381.0062 Supervision; private and certain public water |
| 156 | systems.-- |
| 157 | (3) SUPERVISION.--The department and its agents shall have |
| 158 | general supervision and control over all private water systems, |
| 159 | multifamily water systems, and public water systems not covered |
| 160 | or included in the Florida Safe Drinking Water Act (part VI of |
| 161 | chapter 403), and over those aspects of the public water supply |
| 162 | program for which it has the duties and responsibilities |
| 163 | provided for in part VI of chapter 403. The department shall: |
| 164 | (l) Notwithstanding any other provision of this section, |
| 165 | have the authority to delegate any of its ministerial authority |
| 166 | to issue permits for private and multifamily water systems under |
| 167 | the regulations provided in this section and applicable rules to |
| 168 | a political subdivision of the state if the department finds it |
| 169 | necessary or desirable to do so and the political subdivision |
| 170 | agrees to accept such delegated authority. |
| 171 | Section 6. Subsection (6) is added to section 381.0065, |
| 172 | Florida Statutes, to read: |
| 173 | 381.0065 Onsite sewage treatment and disposal systems; |
| 174 | regulation.-- |
| 175 | (6) DELEGATION OF AUTHORITY.--Notwithstanding any other |
| 176 | provision of this section, the department may delegate any of |
| 177 | its ministerial authority to issue permits for onsite sewage |
| 178 | treatment and disposal systems under the regulations provided in |
| 179 | this section and applicable rules to a political subdivision of |
| 180 | the state if the department finds it necessary or desirable to |
| 181 | do so and the political subdivision agrees to accept such |
| 182 | delegated authority. |
| 183 | Section 7. Paragraph (c) is added to subsection (2) of |
| 184 | section 381.00655, Florida Statutes, to read: |
| 185 | 381.00655 Connection of existing onsite sewage treatment |
| 186 | and disposal systems to central sewerage system; requirements.-- |
| 187 | (2) The provisions of subsection (1) or any other |
| 188 | provision of law to the contrary notwithstanding: |
| 189 | (c) A local government may grant a variance to an owner of |
| 190 | a performance-based onsite sewage treatment and disposal system |
| 191 | permitted by the department as long as the onsite system is |
| 192 | functioning properly and satisfying the conditions of the |
| 193 | operating permit. Nothing in this paragraph shall be construed |
| 194 | to require a local government to issue a variance under any |
| 195 | circumstance. Nothing in this paragraph shall be construed as |
| 196 | limiting local government authority to enact ordinances under s. |
| 197 | 4 of chapter 99-395, Laws of Florida. A local government located |
| 198 | in any of the following areas shall not be required to issue a |
| 199 | variance under any circumstance: |
| 200 | 1. An area of critical state concern. |
| 201 | 2. An area that was designated as an area of critical |
| 202 | state concern for at least 20 consecutive years prior to removal |
| 203 | of the designation. |
| 204 | 3. An area in the South Florida Water Management District |
| 205 | west C-11 basin that discharges through the S-9 pump into the |
| 206 | Everglades. |
| 207 | 4. An area designated by the Lake Okeechobee Protection |
| 208 | Act. |
| 209 | Section 8. Section 381.0067, Florida Statutes, is amended |
| 210 | to read: |
| 211 | 381.0067 Corrective orders; private and certain public |
| 212 | water systems and onsite sewage treatment and disposal |
| 213 | systems.--When the department or its agents, through |
| 214 | investigation, find that any private water system, public water |
| 215 | system not covered or included in the Florida Safe Drinking |
| 216 | Water Act (part VI of chapter 403), or onsite sewage treatment |
| 217 | and disposal system constitutes a nuisance or menace to the |
| 218 | public health or significantly degrades the groundwater or |
| 219 | surface water, the department or its agents it may issue an |
| 220 | order requiring the owner to correct the improper condition. If |
| 221 | the improper condition relates to the drainfield of an onsite |
| 222 | sewage treatment and disposal system, the department or its |
| 223 | agents may issue an order requiring the owner to repair or |
| 224 | replace the drainfield. If an onsite sewage treatment and |
| 225 | disposal system has failed, the department or its agents shall |
| 226 | issue an order requiring the owner to replace the system. For |
| 227 | purposes of this section, an onsite sewage treatment and |
| 228 | disposal system has failed if the operation of the system |
| 229 | constitutes a nuisance or menace to the public health or |
| 230 | significantly degrades the groundwater or surface water and the |
| 231 | system cannot be repaired. |
| 232 | Section 9. Subsection (2) of section 489.554, Florida |
| 233 | Statutes, is amended to read: |
| 234 | 489.554 Registration renewal.-- |
| 235 | (2) At a minimum, annual renewal shall include continuing |
| 236 | education requirements of not less than 12 6 classroom hours |
| 237 | annually for septic tank contractors and not less than 18 12 |
| 238 | classroom hours annually for master septic tank contractors. The |
| 239 | 18 12 classroom hours of continuing education required for |
| 240 | master septic tank contractors may include the 12 6 classroom |
| 241 | hours required for septic tank contractors, but at a minimum |
| 242 | must include 6 classroom hours of approved master septic tank |
| 243 | contractor coursework. |
| 244 | Section 10. This act shall take effect July 1, 2006. |