HB 749

1
A bill to be entitled
2An act relating to sewage treatment and disposal systems;
3amending s. 153.54, F.S.; requiring county commissions to
4include certain studies for the construction of a new
5proposed sewerage system or the extension of an existing
6sewerage system in certain reports; amending s. 153.73,
7F.S.; requiring county water and sewer districts to
8conduct certain studies for the construction of a new
9proposed sewerage system or the extension of an existing
10sewerage system prior to the levying of certain
11assessments; amending s. 163.3180, F.S.; authorizing local
12governments to use certain onsite sewage treatment and
13disposal systems to meet certain concurrency requirements;
14amending s. 180.03, F.S.; requiring municipalities to
15conduct certain studies for the construction of a new
16proposed sewerage system or the extension of an existing
17sewerage system prior to the adoption of certain
18resolutions or ordinances; amending s. 381.00655, F.S.;
19authorizing local governments and certain water and sewer
20districts to grant variances from connecting to a publicly
21owned or investor-owned sewerage system under certain
22circumstances; providing construction; amending s.
23381.0067, F.S.; authorizing the department or its agents
24to require repair or replacement of drainfields under
25certain circumstances; requiring the department or its
26agents to issue an order for the replacement of an onsite
27sewage treatment and disposal system under certain
28circumstances; providing construction; amending s.
29489.554, F.S.; increasing annual continuing education
30requirements for septic tank contractors and master septic
31tank contractors; providing an effective date.
32
33Be It Enacted by the Legislature of the State of Florida:
34
35     Section 1.  Subsection (5) is added to section 153.54,
36Florida Statutes, to read:
37     153.54  Preliminary report by county commissioners with
38respect to creation of proposed district.--Upon receipt of a
39petition duly signed by not less than 25 qualified electors who
40are also freeholders residing within an area proposed to be
41incorporated into a water and sewer district pursuant to this
42law and describing in general terms the proposed boundaries of
43such proposed district, the board of county commissioners if it
44shall deem it necessary and advisable to create and establish
45such proposed district for the purpose of constructing,
46establishing or acquiring a water system or a sewer system or
47both in and for such district (herein called "improvements"),
48shall first cause a preliminary report to be made which such
49report together with any other relevant or pertinent matters,
50shall include at least the following:
51     (5)  For the construction of a new proposed sewerage system
52or the extension of an existing sewerage system that was not
53previously approved, the report shall include a study that
54includes the available information from the Department of Health
55on the history of onsite sewage treatment and disposal systems
56currently in use in the area and a comparison of the projected
57costs to the owner of a typical lot or parcel of connecting to
58and using the proposed sewerage system versus installing,
59operating, and properly maintaining an onsite sewage treatment
60system that is approved by the Department of Health and that
61provides for the comparable level of environmental and health
62protection as the proposed central sewerage system;
63consideration of the local authority's obligations or reasonably
64anticipated obligations for water body cleanup and protection
65under state or federal programs, including requirements for
66water bodies listed under s. 303(d) of the Clean Water Act, Pub.
67L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
68deemed relevant by the local authority.
69Such report shall be filed in the office of the clerk of the
70circuit court and shall be open for the inspection of any
71taxpayer, property owner, qualified elector or any other
72interested or affected person.
73     Section 2.  Paragraph (c) is added to subsection (2) of
74section 153.73, Florida Statutes, to read:
75     153.73  Assessable improvements; levy and payment of
76special assessments.--Any district may provide for the
77construction or reconstruction of assessable improvements as
78defined in s. 153.52, and for the levying of special assessments
79upon benefited property for the payment thereof, under the
80provisions of this section.
81     (2)
82     (c)  For the construction of a new proposed sewerage system
83or the extension of an existing sewerage system that was not
84previously approved, the report shall include a study that
85includes the available information from the Department of Health
86on the history of onsite sewage treatment and disposal systems
87currently in use in the area and a comparison of the projected
88costs to the owner of a typical lot or parcel of connecting to
89and using the proposed sewerage system versus installing,
90operating, and properly maintaining an onsite sewage treatment
91system that is approved by the Department of Health and that
92provides for the comparable level of environmental and health
93protection as the proposed central sewerage system;
94consideration of the local authority's obligations or reasonably
95anticipated obligations for water body cleanup and protection
96under state or federal programs, including requirements for
97water bodies listed under s. 303(d) of the Clean Water Act, Pub.
98L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
99deemed relevant by the local authority.
100     Section 3.  Paragraph (a) of subsection (2) of section
101163.3180, Florida Statutes, is amended to read:
102     163.3180  Concurrency.--
103     (2)(a)  Consistent with public health and safety, sanitary
104sewer, solid waste, drainage, adequate water supplies, and
105potable water facilities shall be in place and available to
106serve new development no later than the issuance by the local
107government of a certificate of occupancy or its functional
108equivalent. Prior to approval of a building permit or its
109functional equivalent, the local government shall consult with
110the applicable water supplier to determine whether adequate
111water supplies to serve the new development will be available no
112later than the anticipated date of issuance by the local
113government of a certificate of occupancy or its functional
114equivalent. A local government may meet the concurrency
115requirement for sanitary sewer through the use of onsite sewage
116treatment and disposal systems approved by the Department of
117Health to serve new development.
118     Section 4.  Subsection (3) is added to section 180.03,
119Florida Statutes, to read:
120     180.03  Resolution or ordinance proposing construction or
121extension of utility; objections to same.--
122     (3)  For the construction of a new proposed sewerage system
123or the extension of an existing sewerage system that was not
124previously approved, the report shall include a study that
125includes the available information from the Department of Health
126on the history of onsite sewage treatment and disposal systems
127currently in use in the area and a comparison of the projected
128costs to the owner of a typical lot or parcel of connecting to
129and using the proposed sewerage system versus installing,
130operating, and properly maintaining an onsite sewage treatment
131system that is approved by the Department of Health and that
132provides for the comparable level of environmental and health
133protection as the proposed central sewerage system;
134consideration of the local authority's obligations or reasonably
135anticipated obligations for water body cleanup and protection
136under state or federal programs, including requirements for
137water bodies listed under s. 303(d) of the Clean Water Act, Pub.
138L. No. 92-500, 33 U.S.C. ss. 1251 et seq.; and other factors
139deemed relevant by the local authority. The results of such a
140study shall be included in the resolution or ordinance required
141under subsection (1).
142     Section 5.  Paragraph (c) is added to subsection (2) of
143section 381.00655, Florida Statutes, to read:
144     381.00655  Connection of existing onsite sewage treatment
145and disposal systems to central sewerage system; requirements.--
146     (2)  The provisions of subsection (1) or any other
147provision of law to the contrary notwithstanding:
148     (c)  A local government or water and sewer district
149responsible for the operation of a centralized sewer system
150under s. 153.62 may grant a variance to an owner of a
151performance-based onsite sewage treatment and disposal system
152permitted by the department as long as the onsite system is
153functioning properly and satisfying the conditions of the
154operating permit. Nothing in this paragraph shall be construed
155to require a local government or water and sewer district to
156issue a variance under any circumstance. Nothing in this
157paragraph shall be construed as limiting local government
158authority to enact ordinances under s. 4 of chapter 99-395, Laws
159of Florida. A local government or water and sewer district
160located in any of the following areas shall not be required to
161issue a variance under any circumstance:
162     1.  An area of critical state concern.
163     2.  An area that was designated as an area of critical
164state concern for at least 20 consecutive years prior to removal
165of the designation.
166     3.  An area in the South Florida Water Management District
167west C-11 basin that discharges through the S-9 pump into the
168Everglades.
169     4.  An area designated by the Lake Okeechobee Protection
170Act.
171     Section 6.  Section 381.0067, Florida Statutes, is amended
172to read:
173     381.0067  Corrective orders; private and certain public
174water systems and onsite sewage treatment and disposal
175systems.--When the department or its agents, through
176investigation, find that any private water system, public water
177system not covered or included in the Florida Safe Drinking
178Water Act (part VI of chapter 403), or onsite sewage treatment
179and disposal system constitutes a nuisance or menace to the
180public health or significantly degrades the groundwater or
181surface water, the department or its agents it may issue an
182order requiring the owner to correct the improper condition. If
183the improper condition relates to the drainfield of an onsite
184sewage treatment and disposal system, the department or its
185agents may issue an order requiring the owner to repair or
186replace the drainfield. If an onsite sewage treatment and
187disposal system has failed, the department or its agents shall
188issue an order requiring the owner to replace the system. For
189purposes of this section, an onsite sewage treatment and
190disposal system has failed if the operation of the system
191constitutes a nuisance or menace to the public health or
192significantly degrades the groundwater or surface water and the
193system cannot be repaired.
194     Section 7.  Subsection (2) of section 489.554, Florida
195Statutes, is amended to read:
196     489.554  Registration renewal.--
197     (2)  At a minimum, annual renewal shall include continuing
198education requirements of not less than 12 6 classroom hours
199annually for septic tank contractors and not less than 18 12
200classroom hours annually for master septic tank contractors. The
20118 12 classroom hours of continuing education required for
202master septic tank contractors may include the 12 6 classroom
203hours required for septic tank contractors, but at a minimum
204must include 6 classroom hours of approved master septic tank
205contractor coursework.
206     Section 8.  This act shall take effect July 1, 2006.


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