CopyCited 37 times | Published | Supreme Court of Florida | 2001 WL 776541
...the city would enact a valid ordinance. See id. The instant case presents the flip side of DeSha. Pursuant to Florida law, Monroe County has enacted a mandatory connection ordinance. See Monroe County Ordinance No. 04-2000 (Jan. 19, 2000); see also § 381.00655, Fla....
...As discussed above, Florida law provides that property owners with existing onsite sewage treatment and disposal systems must connect to a central sewerage system within a specified time of being notified that the central system is available for connection. See § 381.00655, Fla....
...Eldridge analysis, the private interest that will be affected by the proceeding here is mandatory connection to the central sewer system at the property owners' expense. The risk of an erroneous deprivation of such interest through the procedures used is very low as section 381.00655, chapter 99-395, and Executive Order 98-309 already require mandatory connection, as discussed above....
...do so clearly and directly rather than artificially distinguishing the existing decisions which, most certainly, require a different result. The parameters of bond validation proceedings should be more clearly defined for Florida citizens. NOTES [1] Section 381.00655, Florida Statutes (2000), provides that property owners must connect to available sewer systems within one year after receiving notification of availability....
CopyCited 11 times | Published | Supreme Court of Florida | 28 Fla. L. Weekly Supp. 178, 2003 Fla. LEXIS 261, 2003 WL 548361
...Prior to 1999, general law required any owner of an "onsite sewage treatment and disposal system," such as a septic tank or cesspit, to mandatorily connect to a publicly owned or investor-owned sewage system within 365 days of notice of the availability of such services. See § 381.00655(1)(a), Fla....
...the bonds, and notice of the validation hearing was published in The Key West Citizen newspaper. Following the hearing, the court entered final judgment validating the bonds and held that "[t]he authorization and provisions of Sections
381.0065 and
381.00655, Florida Statutes, and Monroe County Ordinance 04-2000, which [require] the owners of onsite treatment and disposal systems to connect to available publiclyowned or privately-owned sewage systems, is legal, valid and binding." Fla....
...raphic jurisdiction to utilize its sewer services pursuant to the FKAA and city ordinances; (2) the FKAA is authorized to covenant with bond holders not to permit the operations of competing sewer service facilities pursuant to sections
381.0065 and
381.00655, Florida Statutes (2002), and the FKAA and city ordinances, which are legal, valid, and binding; and (3) the provisions of section 4 of chapter 99-395, Laws of Florida, pertain to matters of statewide concern, are applicable in an area of critical state concern, and were properly enacted as a general law....
CopyAgo (Fla. Att'y Gen. 2000).
Published | Florida Attorney General Reports
Mr. Michael S. Mullin Nassau County Attorney Post Office Box 1010 Fernandina Beach, Florida 32035-1010 Dear Mr. Mullin: On behalf of the Nassau County Board of County Commissioners, you ask substantially the following question: Does section 381.00655 , Florida Statutes, mandate that residential property owners whose property is currently served by an onsite septic system connect to an investor-owned sewerage system, and may the costs of such sewerage line be assessed to the property owners that do not hook up to the system? In sum: The Legislature, through the enactment of section 381.00655 , Florida Statutes, has required residential owners whose property is served by an onsite septic system to connect with an investor-owned sewerage system after written notification by the owner of the investor-owned sewerage system that the system is available for connection. The statute, however, permits the investor-owned sewerage system to waive the connection with the consent of the Department of Health. The Legislature has enacted section 381.00655 , Florida Statutes, which requires property owners who currently have onsite sewage treatment and disposal systems to connect to available central sewerage systems....
...3 In hardship cases, upon request of the owner the department may approve one extension of not more than 90 days for sewerage connection. The statute recognizes that there may be instances where the requirement of mandatory sewer hookup may be waived. Section 381.00655 (2)(b), Florida Statutes, provides: "A publicly owned or investor-owned sewerage system may, with the approval of the [Department of Health], waive the requirement of mandatory onsite sewage disposal connection if it determines that...
...ction is not required in the public interest due to public health considerations." It is, however, the publicly owned or investor-owned system that determines, with the approval of the Department of Health, whether the mandatory hookup provisions of section 381.00655 , Florida Statutes, may be waived. The statute makes no provision for the property owner to decline to connect to the system. Section 381.00655 (1)(a), Florida Statutes, grants the property owner 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....
...Such charges may be collected or enforced as permitted by applicable tariffs or rules and regulations of the sewerage system or as otherwise permitted by law." 5 No such provisions are contained in the Senate Bill that passed as Chapter 93-151, Laws of Florida, creating section 381.00655 , Florida Statutes. Nor does section 381.00655 , Florida Statutes, specifically grant enforcement authority to any agency or entity. This office, however, has stated that a county or a municipality may take local legislative action providing for the enforcement of section 381.00655 , Florida Statutes, under home rule powers....
...8 A citation issued under sections
381.0065 -
381.0067 , Part I of Chapter 386, or Part III of Chapter 489 , Florida Statutes, constitutes a notice of proposed agency action. Accordingly, I am of the view that the Legislature, through the enactment of section
381.00655 , Florida Statutes, requires residential owners whose property is served by an onsite septic system to connect with an investor-owned sewerage system after written notification by the owner of the investor-owned sewerage system that...
...system. The term includes any item placed within, or intended to be used as a part of or in conjunction with, the system. This term does not include package sewage treatment facilities and other treatment works regulated under chapter 403." (e.s.) 2 Section 381.00655 (1)(a), Fla. Stat. 3 Section 381.00655 (1)(b), Fla. Stat. 4 Section 381.00655 (2)(a), Fla....
...monstrated a financial hardship, taking into account the owner's net worth, income, and financial needs. 5 Section 2, HB 2133, 1993 legislative session. 6 See, Op. Att'y Gen Fla. 96-09 (1996), and Inf. Op. to Alan C. Jensen, dated August 27, 1999. 7 Section
381.00655 (1)(a), Fla. Stat. 8 Cf., Rule 64E-6.022 (1)(p), Fla.Admin.C., establishing disciplinary guidelines for the installation, modification, or repair of an onsite sewage treatment and disposal system in violation of the standards of s.
381.0065 or s.
381.00655 , Fla....
