Florida Statute 381.00655 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 381
PUBLIC HEALTH: GENERAL PROVISIONS

View Entire Chapter

F.S. 381.00655

381.00655 Connection of existing onsite sewage treatment and disposal systems to central sewerage system; requirements.—

(1)(a) The owner of a properly functioning onsite sewage treatment and disposal system, excluding an approved onsite graywater system, must connect the system or the building’s plumbing to an available publicly owned or investor-owned sewerage system within 365 days after written notification by the owner of the publicly owned or investor-owned sewerage system that the system is available for connection. The publicly owned or investor-owned sewerage system must notify the owner of the onsite sewage treatment and disposal system of the availability of the central sewerage system. No less than 1 year prior to the date the sewerage system will become available, the publicly owned or investor-owned sewerage system shall notify the affected owner of the onsite sewage treatment and disposal system of the anticipated availability of the sewerage system and shall also notify the owner that the owner will be required to connect to the sewerage system within 1 year of the actual availability. The owner shall have the option of prepaying the amortized value of required connection charges in equal monthly installments over a period not to exceed 2 years from the date of the initial notification of anticipated availability. Nothing in this section shall operate to impair contracts or other binding obligations relating to payment schedules in existence as of October 1, 1993. Nothing in this paragraph limits the power of a municipality or county to enforce other laws for the protection of the public health and safety.

(b) The owner of an onsite sewage treatment and disposal system that needs repair or modification to function in a sanitary manner or to comply with the requirements of ss. 381.0065-381.0067 or rules adopted under those sections must connect to an available publicly owned or investor-owned sewerage system within 90 days after written notification from the department. In hardship cases, upon request of the owner, the department may approve an extension of not more than 90 days for sewerage connection. The department may approve only one extension. This paragraph does not authorize the owner of the onsite sewage treatment and disposal system to create or maintain a sanitary nuisance.

(2) The provisions of subsection (1) or any other provision of law to the contrary notwithstanding:

(a) The local governing body of the jurisdiction in which the owner of the onsite sewage treatment and disposal system resides may provide that any connection fee charged under this section by an investor-owned sewerage system may be paid without interest in monthly installments, over a period of time not to exceed 5 years from the date the sewerage system becomes available if it determines that the owner has demonstrated a financial hardship. The local governing body shall establish criteria for making this determination which take into account the owner’s net worth, income, and financial needs.

(b) A publicly owned or investor-owned sewerage system may, with the approval of the department, waive the requirement of mandatory onsite sewage disposal connection if it determines that such connection is not required in the public interest due to public health considerations.

(c) A local government or water and sewer district responsible for the operation of a centralized sewer system under s. 153.62 may grant a variance to an owner of a performance-based onsite sewage treatment and disposal system permitted by the department as long as the onsite system is functioning properly and satisfying the conditions of the operating permit. Nothing in this paragraph shall be construed to require a local government or water and sewer district to issue a variance under any circumstance. Nothing in this paragraph shall be construed as limiting local government authority to enact ordinances under s. 4, chapter 99-395, Laws of Florida. A local government or water and sewer district located in any of the following areas shall not be required to issue a variance under any circumstance:

1. An area of critical state concern.

2. An area that was designated as an area of critical state concern for at least 20 consecutive years prior to removal of the designation.

3. An area in the South Florida Water Management District west C-11 basin that discharges through the S-9 pump into the Everglades.

4. An area designated by the Lake Okeechobee Protection Act.

(3) Local governmental agencies, as defined in s. 403.1835(2), that receive grants or loans from the department to offset the cost of connecting onsite sewage treatment and disposal systems to publicly owned or investor-owned sewerage systems are encouraged to do all of the following while such funds remain available:

(a) Identify the owners of onsite sewage treatment and disposal systems within the jurisdiction of the respective local governmental agency who are eligible to apply for the grant or loan funds and notify such owners of the funding availability.

(b) Maintain a publicly available website with information relating to the availability of the grant or loan funds, including the amount of funds available and information on how the owner of an onsite sewage treatment and disposal system may apply for such funds.

History.—s. 2, ch. 93-151; s. 5, ch. 2006-252; s. 12, ch. 2023-169.

F.S. 381.00655 on Google Scholar

F.S. 381.00655 on Casetext

Amendments to 381.00655

Arrestable Offenses / Crimes under Fla. Stat. 381.00655

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 381.00655.

Annotations, Discussions, Cases:

Cases Citing Statute 381.00655

Total Results: 5

Schrader v. Florida Keys Aqueduct Authority

Court: Fla. | Date Filed: 2003-02-26T23:53:00-08:00

Citation: 840 So. 2d 1050

Snippet: notice of the availability of such services. See § 381.00655(1)(a), Fla. Stat. (1997). However, "package…authorization and provisions of Sections 381.0065 and 381.00655, Florida Statutes, and Monroe County Ordinance… facilities pursuant to sections 381.0065 and 381.00655, Florida Statutes (2002), and the FKAA and city

KEY CITIZENS FOR GOV., INC. v. Florida Keys Aqueduct Auth.

Court: Fla. | Date Filed: 2001-07-12T00:53:00-07:00

Citation: 795 So. 2d 940

Snippet: Ordinance No. 04-2000 (Jan. 19, 2000); see also § 381.00655, Fla. Stat. (2000) (providing that property owners…central system is available for connection. See § 381.00655, Fla. Stat. (2000). As early as 1976, the Legislature…through the procedures used is very low as section 381.00655, chapter 99-395, and Executive Order 98-309 already…defined for Florida citizens. NOTES [1] Section 381.00655, Florida Statutes (2000), provides that property

Pinellas County v. State

Court: Fla. | Date Filed: 2001-01-10T23:53:00-08:00

Citation: 776 So. 2d 262

Snippet: a publicly-owned or private sewage system); § 381.00655, Fla.Stat. (1997) (providing that property owners

Ago

Court: Fla. Att'y Gen. | Date Filed: 2000-12-13T23:53:00-08:00

Snippet: Section 381.00655(1)(a), Fla. Stat. 3 Section 381.00655(1)(b), Fla. Stat. 4 Section 381.00655(2)(a), Fla…Florida, creating section 381.00655, Florida Statutes. Nor does section 381.00655, Florida Statutes, specifically…substantially the following question: Does section 381.00655, Florida Statutes, mandate that residential property…Legislature, through the enactment of section 381.00655, Florida Statutes, has required residential owners…of Health. The Legislature has enacted section 381.00655, Florida Statutes, which requires property owners

Ago

Court: Fla. Att'y Gen. | Date Filed: 1996-02-01T23:53:00-08:00

Snippet: question: Is Pasco County authorized by section 381.00655, Florida Statutes, to enforce homeowner hookup…systems as mandated by the statute? In sum: Section 381.00655, Florida Statutes, does not authorize a county…enforcement of the statute by the county. Section 381.00655, Florida Statutes, provides for connection to …specifically granted to any agency or entity by section 381.00655, Florida Statutes.4 However, administrative rules…administrative fines for violations of section 381.00655. Rule 10D-6.060(2)(b), Florida Administrative