reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 402 - Health and Human Services: Miscellaneous Provisions › 402.80 - Office of Community Partners.

402.80 Office of Community Partners.—There is established the Office of Community Partners within the Department of Health for the purpose of receiving, coordinating, and dispensing federal funds set aside to expand the delivery of social services through eligible private community organizations and programs. The office shall provide policy direction and promote civic initiatives which seek to preserve and strengthen families and communities. The Department of Health, the Department of Children and Families, the Department of Juvenile Justice, and the Department of Corrections may request transfer of general revenue funds between agencies, as approved by the Legislative Budget Commission, as necessary to match federal funds received by the Office of Community Partners for these initiatives.
History.—s. 145, ch. 2001-277; s. 158, ch. 2014-19.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 402 - Health and Human Services: Miscellaneous Provisions › 402.81 - Pharmaceutical Expense Assistance.

402.81 Pharmaceutical expense assistance.—
(1) PROGRAM ESTABLISHED.—A program is established in the Agency for Health Care Administration to provide pharmaceutical expense assistance to individuals diagnosed with cancer or individuals who have received organ transplants who were medically needy recipients prior to January 1, 2006.
(2) ELIGIBILITY.—Eligibility for the program is limited to an individual who:
(a) Is a resident of this state;
(b) Was a Medicaid recipient under the Florida Medicaid medically needy program prior to January 1, 2006;
(c) Is eligible for Medicare;
(d) Is a cancer patient or an organ transplant recipient; and
(e) Requests to be enrolled in the program.
(3) BENEFITS.—Subject to an appropriation in the General Appropriations Act and the availability of funds, the Agency for Health Care Administration shall pay, using Medicaid payment policies, the Medicare Part B prescription drug coinsurance and deductibles for Medicare Part B medications that treat eligible cancer and organ transplant patients.
(4) ADMINISTRATION.—The agency shall administer the pharmaceutical expense assistance program in collaboration with the Department of Elderly Affairs and the Department of Children and Families.
(5) NONENTITLEMENT.—The pharmaceutical expense assistance program established by this section is not an entitlement. The agency may develop a waiting list based on application dates to use in enrolling individuals when funds become available for unfilled enrollment slots.
History.—s. 20, ch. 2006-28; s. 25, ch. 2011-135; s. 51, ch. 2013-18; s. 159, ch. 2014-19; s. 1, ch. 2021-151.
Note.—Former s. 409.9301.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 402 - Health and Human Services: Miscellaneous Provisions › 402.82 - Electronic Benefits Transfer Program.

402.82 Electronic benefits transfer program.—
(1) The Department of Children and Families shall establish an electronic benefits transfer program for the dissemination of food assistance benefits and temporary cash assistance payments, including refugee cash assistance payments, asylum applicant payments, and child support disregard payments. If the Federal Government does not enact legislation or regulations providing for dissemination of supplemental security income by electronic benefits transfer, the state may include supplemental security income in the electronic benefits transfer program.
(2) The department shall, in accordance with applicable federal laws and regulations, develop minimum program requirements and other policy initiatives, including enforcement procedures, for the electronic benefits transfer program.
(3) The department shall enter into public-private contracts for all provisions of electronic transfer of public assistance benefits.
(4) Use or acceptance of an electronic benefits transfer card is prohibited at the following locations or for the following activities:
(a) The purchase of an alcoholic beverage as defined in s. 561.01 and sold pursuant to the Beverage Law.
(b) An adult entertainment establishment as defined in s. 847.001.
(c) A pari-mutuel facility as defined in s. 550.002.
(d) A slot machine facility as defined in s. 551.102.
(e) A commercial bingo facility that operates outside the provisions of s. 849.0931.
(f) A casino, gaming facility, or gambling facility, or any gaming activities authorized under part II of chapter 285.
History.—s. 9, ch. 95-431; s. 99, ch. 96-175; s. 193, ch. 99-8; s. 96, ch. 2000-165; s. 9, ch. 2000-337; s. 12, ch. 2010-209; s. 25, ch. 2011-135; s. 33, ch. 2011-142; s. 1, ch. 2013-88; s. 1, ch. 2015-12; s. 39, ch. 2021-271.
Note.—Former s. 409.942.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 402 - Health and Human Services: Miscellaneous Provisions › 402.86 - Rulemaking Authority for Refugee Assistance Program.

402.86 Rulemaking authority for refugee assistance program.—
(1) The Department of Children and Families has the authority to administer the refugee assistance program in accordance with 45 C.F.R. parts 400 and 401. The Department of Children and Families or a child-placing or child-caring agency designated by the department may petition in circuit court to establish custody. Upon making a finding that a child is an Unaccompanied Refugee Minor as defined in 45 C.F.R. s. 400.111, the court may establish custody and placement of the child in the Unaccompanied Refugee Minor Program.
(2) The Department of Children and Families shall adopt any rules necessary for the implementation and administration of this section.
History.—s. 2, ch. 2000-300; s. 10, ch. 2003-146; s. 25, ch. 2011-135; s. 160, ch. 2014-19.
Note.—Former s. 409.953.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 402 - Health and Human Services: Miscellaneous Provisions › 402.87 - Services to Immigrant Survivors of Human Trafficking, Domestic Violence, and Other Serious Crimes.

402.87 Services to immigrant survivors of human trafficking, domestic violence, and other serious crimes.—The Department of Children and Families shall establish a structure by which the department shall:
(1) Provide services to immigrant survivors of human trafficking, domestic violence, and other serious crimes, during the interim period between the time the survivor applies for a visa and receives such visa from the United States Department of Homeland Security or receives certification from the United States Department of Health and Human Services.
(2) Ensure that immigrant survivors of serious crimes are eligible to receive existing state and local benefits and services to the same extent that refugees receive those benefits and services.
(3) Ensure that immigrant survivors of serious crimes have access to state-funded services that are equivalent to the federal programs that provide cash, medical services, and social service for refugees.
(4) Provide survivors of serious crimes with medical care, mental health care, and basic assistance in order to help them secure housing, food, and supportive services.
(5) Create a state-funded component of the cash, medical, and social services programs for refugees for the purpose of serving immigrant survivors during the temporary period while they wait for federal processing to be completed.
(6) Provide that a sworn statement by a survivor is sufficient evidence for the purposes of determining eligibility if that statement is supported by at least one item of additional evidence, including, but not limited to:
(a) Police and court records;
(b) News articles;
(c) Documentation from a professional agency;
(d) Physical evidence; or
(e) A statement from an individual having knowledge of the circumstances providing the basis for the claim.
(7) Develop a public awareness program for employers and other organizations that may come into contact with immigrant survivors of human trafficking in order to provide education and raise awareness of the problem.
History.—s. 1, ch. 2007-162; s. 25, ch. 2011-135; s. 161, ch. 2014-19.
Note.—Former s. 409.9531.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.051 - Meetings; hearings and procedure.

403.051 Meetings; hearings and procedure.—
(1) The department shall cause a transcript of the proceedings at all meetings to be made.
(2)(a) Any department planning, permitting, design, construction, modification, or operating standards, criteria, and requirements for treatment works, disposal systems, and sewerage systems for wastes from any source shall be promulgated as a rule or regulation.
(b) The department shall not withhold the issuance of a permit to consider matters not addressed by the permit application or to consider standards, criteria, and requirements not adopted as required by paragraph (a).
History.—s. 6, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-84; s. 2, ch. 71-137; s. 1, ch. 71-138; s. 154, ch. 71-377; s. 1, ch. 72-223; s. 1, ch. 74-308; s. 14, ch. 78-95; s. 58, ch. 83-218; s. 70, ch. 93-213.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0611 - Alternative methods of regulatory permitting; department duties.

403.0611 Alternative methods of regulatory permitting; department duties.—The Department of Environmental Protection is directed to explore alternatives to traditional methods of regulatory permitting, provided that such alternative methods will not allow a material increase in pollution emissions or discharges. Working with industry, business associations, other government agencies, and interested parties, the department is directed to consider specific limited pilot projects to test new compliance measures. These measures should include, but not be limited to, reducing transaction costs for business and government and providing economic incentives for emissions reductions. The department shall report to the Legislature prior to implementation of a pilot project initiated pursuant to this section.
History.—s. 12, ch. 2000-304.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0615 - Water resources restoration and preservation.

403.0615 Water resources restoration and preservation.—
(1) This section may be cited as the “Water Resources Restoration and Preservation Act.”
(2) Subject to specific legislative appropriation, the department shall establish a program to assist in the restoration and preservation of bodies of water and to enhance existing public access when deemed necessary for the enhancement of the restoration effort.
(3) The department shall adopt, by rule, criteria for the allocation of restoration and preservation funds. Such criteria shall include, but not be limited to, the following:
(a) The degree of water quality degradation;
(b) The degree to which sources of pollution which have contributed to the need for restoration or preservation have been abated;
(c) The public uses which can be made of the subject waters;
(d) The ecological value of the subject waters in relation to other waters proposed for restoration and preservation;
(e) The implementation by local government of regulatory or management programs to prevent further and subsequent degradation of the subject waters; and
(f) The commitment of local government resources to assist in the proposed restoration and preservation.
(4) The provisions of this act are for the benefit of the public and shall be liberally construed to accomplish the purposes set forth in this act.
History.—ss. 1, 4, 5, ch. 77-369; s. 2, ch. 79-130; s. 25, ch. 93-120; s. 357, ch. 94-356; s. 59, ch. 96-321; s. 69, ch. 2015-229.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0616 - Real-time water quality monitoring program.

403.0616 Real-time water quality monitoring program.—
(1) Subject to appropriation, the department shall establish a real-time water quality monitoring program to assist in the restoration, preservation, and enhancement of impaired water bodies and coastal resources.
(2) In order to expedite the creation and implementation of the program, the department is encouraged to form public-private partnerships with established scientific entities that have proven existing real-time water quality monitoring equipment and experience in deploying the equipment.
History.—s. 11, ch. 2020-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0617 - Innovative nutrient and sediment reduction and conservation pilot project program.

403.0617 Innovative nutrient and sediment reduction and conservation pilot project program.—
(1) Contingent upon a specific appropriation in the General Appropriation Act, the department may fund innovative nutrient and sediment reduction and conservation pilot projects selected pursuant to this section. These pilot projects are intended to test the effectiveness of innovative or existing nutrient reduction or water conservation technologies, programs, or practices designed to minimize nutrient pollution or restore flows in the water bodies of the state.
(2) By October 1, 2016, the department shall initiate rulemaking to establish criteria by which the department will evaluate and rank pilot projects for funding. The criteria must include a determination by the department that the pilot project will not be harmful to the ecological resources in the study area. The criteria must give preference to projects that will result in the greatest improvement to water quality and water quantity for the dollars to be expended for the project. At a minimum, the department shall consider all of the following:
(a) The level of nutrient impairment of the water body, watershed, or water segment in which the project is located.
(b) The quantity of nutrients the project is estimated to remove from a water body, watershed, or water segment with a nutrient total maximum daily load.
(c) The potential for the project to provide a cost-effective solution to pollution, including pollution caused by onsite sewage treatment and disposal systems.
(d) The anticipated impact the project will have on restoring or increasing flow or water level.
(e) The amount of matching funds for the project which will be provided by the entities responsible for implementing the project.
(f) Whether the project is located in a rural area of opportunity, as defined in s. 288.0656, with preference given to the local government responsible for implementing the project.
(g) For multiple-year projects, whether the project has funding sources that are identified and assured through the expected completion date of the project.
(h) The cost of the project and the length of time it will take to complete relative to its expected benefits.
(i) Whether the entities responsible for implementing the project have used their own funds for projects to improve water quality or conserve water use with preference given to those entities that have expended such funds.
History.—s. 31, ch. 2016-1.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.062 - Pollution control; underground, surface, and coastal waters.

403.062 Pollution control; underground, surface, and coastal waters.—The department and its agents shall have general control and supervision over underground water, lakes, rivers, streams, canals, ditches, and coastal waters under the jurisdiction of the state insofar as their pollution may affect the public health or impair the interest of the public or persons lawfully using them.
History.—s. 2, ch. 29834, 1955; ss. 26, 35, ch. 69-106.
Note.—Former s. 381.43; s. 381.251.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0623 - Environmental data; quality assurance.

403.0623 Environmental data; quality assurance.—
(1) The department must establish, by rule, appropriate quality assurance requirements for environmental data submitted to the department and the criteria by which environmental data may be rejected by the department. The department may adopt and enforce rules to establish data quality objectives and specify requirements for training of laboratory and field staff, sample collection methodology, proficiency testing, and audits of laboratory and field sampling activities. Such rules may be in addition to any laboratory certification provisions under ss. 403.0625 and 403.863.
(2)(a) The department, in coordination with the water management districts, regional water supply authorities, and the Department of Agriculture and Consumer Services, shall establish standards for the collection and analysis of water quantity, water quality, and related data to ensure quality, reliability, and validity of the data and testing results.
(b) To the extent practicable, the department shall coordinate with federal agencies to ensure that its collection and analysis of water quality, water quantity, and related data, which may be used by any state agency, water management district, or local government, is consistent with this subsection.
(c) To receive state funds for the acquisition of land or the financing of a water resource project, state agencies and water management districts must show that they followed the department’s collection and analysis standards, if available, as a prerequisite for any such request for funding.
(d) The department and the water management districts may adopt rules to implement this subsection.
History.—s. 1, ch. 98-43; s. 16, ch. 2008-150; s. 32, ch. 2016-1.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.063 - Groundwater quality monitoring.

403.063 Groundwater quality monitoring.—
(1) The department, in cooperation with other state and federal agencies, water management districts, and local governments, shall establish a groundwater quality monitoring network designed to detect or predict contamination of the groundwater resources of the state.
(2) The department may by rule determine the priority of sites to be monitored within such groundwater quality monitoring network, based upon the following criteria:
(a) The degree of danger to the public health caused or potentially caused by contamination.
(b) The susceptibility of each site to contamination.
(3) This information shall be made available to state and federal agencies and local governments to facilitate their regulatory and land use planning decisions.
(4) To the greatest extent practicable, the actual sampling and testing of groundwater pursuant to the provisions of this section may be conducted by local and regional agencies.
History.—s. 3, ch. 83-310.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0643 - Applicability of rules when reclaimed water is injected into specified receiving groundwater.

403.0643 Applicability of rules when reclaimed water is injected into specified receiving groundwater.—To further promote the reuse of reclaimed water for irrigation purposes, the rules that apply when reclaimed water is injected into a receiving groundwater that has 1,000 to 3,000 mg/L total dissolved solids are applicable to reclaimed water aquifer storage and recovery wells injecting into a receiving groundwater of less than 1,000 mg/L total dissolved solids if the applicant demonstrates that it is injecting into a confined aquifer, that there are no potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, that it has implemented institutional controls to prevent the future construction of potable water supply wells within 3,500 feet of the aquifer storage and recovery wells, and that the recovered water is being used for irrigation purposes. The injection of reclaimed water that meets the requirements of this section is not potable reuse. This section may not be construed to exempt the reclaimed water aquifer storage and recovery wells from requirements that prohibit the causing of or contribution to violations of water quality standards in surface waters, including groundwater discharges that flow by interflow and affect water quality in surface waters.
History.—s. 3, ch. 2021-168.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0645 - Reclaimed water use at state facilities.

403.0645 Reclaimed water use at state facilities.—
(1) The encouragement and promotion of reuse of reclaimed water has been established as a state objective in ss. 373.250 and 403.064. Reuse has become an integral part of water and wastewater management in Florida, and Florida is recognized as a national leader in water reuse.
(2) The state and various state agencies and water management districts should take a leadership role in using reclaimed water in lieu of other water sources. The use of reclaimed water by state agencies and facilities will conserve potable water and will serve an important public education function.
(3) Each state agency and water management district shall use reclaimed water to the greatest extent practicable for landscape irrigation, toilet flushing, aesthetic features such as decorative ponds and fountains, cooling water, and other useful purposes allowed by department rules at state facilities, including, but not limited to, parks, rest areas, visitor welcome centers, buildings, college campuses, and other facilities.
(4) Each state agency and water management district shall submit to the Secretary of Environmental Protection by February 1 of each year a summary of activities designed to utilize reclaimed water at its facilities along with a summary of the amounts of reclaimed water actually used for beneficial purposes.
History.—s. 14, ch. 2004-381.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0671 - Basin management action plan wastewater reports.

403.0671 Basin management action plan wastewater reports.—
(1) By July 1, 2021, the department, in coordination with the county health departments, wastewater treatment facilities, and other governmental entities, shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives evaluating the costs of wastewater projects identified in the basin management action plans developed pursuant to ss. 373.807 and 403.067(7) and the onsite sewage treatment and disposal system remediation plans and other restoration plans developed to meet the total maximum daily loads required under s. 403.067. The report must include:
(a) Projects to:
1. Replace onsite sewage treatment and disposal systems with enhanced nutrient-reducing onsite sewage treatment and disposal systems.
2. Install or retrofit onsite sewage treatment and disposal systems with enhanced nutrient-reducing technologies.
3. Construct, upgrade, or expand domestic wastewater treatment facilities to meet the wastewater treatment plan required under s. 403.067(7)(a)9.
4. Connect onsite sewage treatment and disposal systems to domestic wastewater treatment facilities;
(b) The estimated costs, nutrient load reduction estimates, and other benefits of each project;
(c) The estimated implementation timeline for each project;
(d) A proposed 5-year funding plan for each project and the source and amount of financial assistance the department, a water management district, or other project partner will make available to fund the project; and
(e) The projected costs of installing enhanced nutrient-reducing onsite sewage treatment and disposal systems on buildable lots in priority focus areas to comply with s. 373.811.
(2) By July 1, 2021, the department shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives that provides an assessment of the water quality monitoring being conducted for each basin management action plan implementing a nutrient total maximum daily load. In developing the report, the department may coordinate with water management districts and any applicable university. The report must:
(a) Evaluate the water quality monitoring prescribed for each basin management action plan to determine if it is sufficient to detect changes in water quality caused by the implementation of a project.
(b) Identify gaps in water quality monitoring.
(c) Recommend water quality monitoring needs.
(3) Beginning January 1, 2022, and each January 1 thereafter, the department shall submit to the Office of Economic and Demographic Research the cost estimates for projects required in s. 403.067(7)(a)9. The office shall include the project cost estimates in its annual assessment conducted pursuant to s. 403.928.
History.—s. 14, ch. 2020-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0674 - Biosolids grant program.

403.0674 Biosolids grant program.—A biosolids grant program is established within the department.
(1) Subject to the appropriation of funds by the Legislature, the department may provide grants to counties, special districts, and municipalities in this state to support projects that:
(a) Evaluate and implement innovative technologies and solutions for the disposal of biosolids; or
(b) Construct, upgrade, expand, or retrofit domestic facilities that convert wastewater residuals to Class AA biosolids, nonfertilizer uses or disposal methods, or alternatives to synthetic fertilizers.
(2) An applicant for a biosolids grant must be a county, special district, or municipality; however, applicants are encouraged to form public-private partnerships with private utilities and firms.
(3) Projects eligible for funding under this section may include, but are not limited to, projects that:
(a) Reduce the amount of nutrients in biosolids.
(b) Reduce the amount of emerging contaminants in biosolids.
(c) Provide alternatives to the land application or landfilling of biosolids as a method of disposal.
(4) In allocating grant funds, the department shall prioritize projects by considering the environmental benefit that a project may provide. To evaluate the environmental benefit of a project, the department shall review an analysis of how the project’s conversion of wastewater residuals to Class AA biosolids, nonfertilizer uses or disposal methods, alternatives to synthetic fertilizers derived from wastewater residuals, or innovative technologies and solutions for the disposal of biosolids are projected to minimize the impact of nutrients and other pollutants on water quality and the environment.
(5) The department shall administer the grant program so that at least 10 percent of the funds made available each year under this section are reserved for projects within an area designated as a rural area of opportunity under s. 288.0656. If the department does not receive sufficient applications for projects within an area designated as a rural area of opportunity, the department may reallocate the reserved funds to other projects prioritized by the department pursuant to subsection (4).
(6)(a) Except as provided in paragraph (b), the department shall require that each biosolids grant has a minimum of a 50 percent funding match from local, state, federal, or private funds.
(b) The department may waive, in whole or in part, the funding match requirement in paragraph (a) for proposed projects within an area designated as a rural area of opportunity under s. 288.0656.
(7) The department shall develop annual reporting requirements for each county, special district, or municipality awarded a grant under this section which must include the phosphorous and nitrogen content, the type, and the amount of each grant-funded product derived from wastewater residuals and the buyers and users of such products.
History.—s. 1, ch. 2023-293.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0675 - Progress reports.

403.0675 Progress reports.—On or before July 1 of each year, beginning in 2018:
(1) The department, in conjunction with the water management districts, shall post on its website and submit electronically an annual progress report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the status of each total maximum daily load, basin management action plan, minimum flow or minimum water level, and recovery or prevention strategy adopted pursuant to s. 403.067 or parts I and VIII of chapter 373. The report must include the status of each project identified to achieve a total maximum daily load or an adopted minimum flow or minimum water level, as applicable. If a report indicates that any of the 5-year, 10-year, or 15-year milestones, or the 20-year target date, if applicable, for achieving a total maximum daily load or a minimum flow or minimum water level will not be met, the report must include an explanation of the possible causes and potential solutions. If applicable, the report must include project descriptions, estimated costs, proposed priority ranking for project implementation, and funding needed to achieve the total maximum daily load or the minimum flow or minimum water level by the target date. Each water management district shall post the department’s report on its website.
(2) The Department of Agriculture and Consumer Services shall post on its website and submit electronically an annual progress report to the Governor, the President of the Senate, and the Speaker of the House of Representatives on the status of the implementation of the agricultural nonpoint source best management practices, including an implementation assurance report summarizing survey responses and response rates, site inspections, and other methods used to verify implementation of and compliance with best management practices pursuant to basin management action plans.
History.—s. 34, ch. 2016-1.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.072 - Pollution Prevention Act.

403.072 Pollution Prevention Act.—Sections 403.072-403.074 may be cited as the “Pollution Prevention Act.”
History.—s. 25, ch. 91-305.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.073 - Pollution prevention; state goal; agency programs; public education.

403.073 Pollution prevention; state goal; agency programs; public education.—
(1) It is a goal of the state that all its agencies, the State University System, community colleges, and all municipalities, counties, regional agencies, and special districts develop and implement strategies to prevent pollution, including public information programs and education programs.
(2) It is the policy of the state that pollution prevention is necessary for all materials and waste management activities.
History.—s. 26, ch. 91-305; s. 1, ch. 95-144; s. 48, ch. 2007-217.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.074 - Technical assistance by the department.

403.074 Technical assistance by the department.—
(1) To help develop effective programs to eliminate or reduce the use of materials that are toxic to humans, plants, or animals and to prevent pollution at its source, the department shall implement and administer a program of technical assistance in pollution prevention to business, industry, agriculture, and state and local government.
(2) The program shall include onsite, nonregulatory technical assistance and shall promote and sponsor conferences on pollution prevention techniques. The program may be conducted in cooperation with trade associations, trade schools, the State University System, community colleges, or other appropriate entities.
(3) Proprietary information obtained by the department during a visit to provide onsite technical assistance requested under ss. 403.072-403.074 shall be treated in accordance with the provisions of s. 403.111, unless such confidentiality is waived by the party who requested the assistance.
History.—s. 27, ch. 91-305; s. 1, ch. 95-366; s. 49, ch. 2007-217.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.075 - Legislative findings.

403.075 Legislative findings.—In addition to the declarations contained in s. 403.021, the Legislature finds that:
(1) Ecosystem management is a concept that includes coordinating the planning activities of state and other governmental units, land management, environmental permitting and regulatory programs, and voluntary programs, together with the needs of the business community, private landowners, and the public, as partners in a streamlined and effective program for the protection of the environment. It is particularly in the interest of persons residing and doing business within the boundaries of a particular ecosystem to share in the responsibility of ecosystem restoration or maintenance. The proper stewardship of an ecosystem by its affected residents will, in general, enhance the economic and social welfare of all Floridians by maintaining the natural beauty and functions of that ecosystem, which will, in turn, contribute to the beauty and function of larger inclusive ecosystems and add immeasurably to the quality of life and the economy of all Florida counties dependent on those ecosystems, thus serving a public purpose.
(2) Most ecosystems are subject to multiple governmental jurisdictions. Therefore, there is a need for a unified and stable mechanism to plan for restoration and continued long-term maintenance of ecosystems.
(3) It is in the public interest and serves a public purpose that the Department of Environmental Protection take a leading role among the agencies of the state in developing and implementing comprehensive ecosystem management solutions, in cooperation with both public and private regulated entities, which improves the integration between land use planning and regulation, and which achieves positive environmental results in an efficient and cost-effective manner.
History.—s. 26, ch. 97-164.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.076 - Short title.

403.076 Short title.—Sections 403.076-403.078 may be cited as the “Public Notice of Pollution Act.”
History.—s. 1, ch. 2017-95.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.078 - Effect on other law.

403.078 Effect on other law.—The Public Notice of Pollution Act does not alter or affect the emergency management responsibilities of the Governor, the Division of Emergency Management, or the governing body of any political subdivision of the state pursuant to chapter 252.
History.—s. 3, ch. 2017-95.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.081 - Performance by other state agencies.

403.081 Performance by other state agencies.—All state agencies, including the Department of Health, shall be available to the department to perform, at its direction, the duties required of the department under this act.
History.—s. 9, ch. 67-436; ss. 19, 26, 35, ch. 69-106; s. 269, ch. 77-147; s. 359, ch. 94-356; s. 156, ch. 99-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.085 - Sanitary sewage disposal units; advanced and secondary waste treatment; industrial waste treatment.

403.085 Sanitary sewage disposal units; advanced and secondary waste treatment; industrial waste treatment.—
(1) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any disposal well for sanitary sewage disposal which does not provide for secondary waste treatment and, in addition thereto, advanced waste treatment as deemed necessary and ordered by the department.
(2) Sanitary sewage disposal treatment plants which discharge effluent through disposal wells shall provide for secondary waste treatment and, in addition thereto, advanced waste treatment as deemed necessary and ordered by the Department of Environmental Protection. Failure to conform shall be punishable by a fine of $500 for each 24-hour day or fraction thereof that such failure is allowed to continue thereafter.
(3) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any ocean outfall, inland outfall, or disposal well for the discharge of industrial waste of any kind which does not provide for secondary waste treatment or such other treatment as is deemed necessary and ordered by the department.
(4) Industrial plants or facilities which discharge industrial waste of any kind through ocean outfalls, inland outfalls, or disposal wells shall provide for secondary waste treatment or such other waste treatment as deemed necessary and ordered by the former Department of Environmental Regulation. Failure to conform shall be punishable as provided in s. 403.161(2).
History.—ss. 1, 2, ch. 70-82; s. 2, ch. 71-137; s. 1, ch. 71-274; s. 270, ch. 77-147; s. 74, ch. 79-65; s. 360, ch. 94-356; s. 157, ch. 99-8; s. 11, ch. 2000-211; s. 5, ch. 2008-232.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0855 - Biosolids management.

403.0855 Biosolids management.—
(1) The Legislature finds that it is in the best interest of this state to regulate biosolids management in order to minimize the migration of nutrients that impair water bodies. The Legislature further finds that permitting according to site-specific application conditions, an increased inspection rate, groundwater and surface water monitoring protocols, and nutrient management research will improve biosolids management and assist in protecting this state’s water resources and water quality.
(2) The department shall adopt rules for biosolids management. Rules adopted by the department pursuant to this section may not take effect until ratified by the Legislature.
(3) For a new land application site permit or a permit renewal issued after July 1, 2020, the permittee of a biosolids land application site shall:
(a) Ensure a minimum unsaturated soil depth of 2 feet between the depth of biosolids placement and the water table level at the time the Class A or Class B biosolids are applied to the soil. Biosolids may not be applied on soils that have a seasonal high-water table less than 6 inches from the soil surface or within 6 inches of the intended depth of biosolids placement, unless a department-approved nutrient management plan and water quality monitoring plan provide reasonable assurances that the land application of biosolids at the site will not cause or contribute to a violation of the state’s surface water quality standards or groundwater standards. As used in this subsection, the term “seasonal high water” means the elevation to which the ground and surface water may be expected to rise due to a normal wet season.
(b) Be enrolled in the Department of Agriculture and Consumer Services best management practices program or be within an agricultural operation enrolled in the program for the applicable commodity type.
(4) All permits shall comply with the requirements of subsection (3) by July 1, 2022.
(5) New or renewed biosolids land application site or facility permits issued after July 1, 2020, must comply with this section and include a permit condition that requires the permit to be reopened to insert a compliance date of no later than 1 year after the effective date of the rules adopted pursuant to subsection (2). All permits must meet the requirements of the rules adopted pursuant to subsection (2) no later than 2 years after the effective date of such rules.
(6) A municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county.
History.—s. 16, ch. 2020-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.08601 - Leah Schad Memorial Ocean Outfall Program.

403.08601 Leah Schad Memorial Ocean Outfall Program.—The Legislature declares that as funds become available the state may assist the local governments and agencies responsible for implementing the Leah Schad Memorial Ocean Outfall Program pursuant to s. 403.086(10). Funds received from other sources provided for in law, the General Appropriations Act, from gifts designated for implementation of the plan from individuals, corporations, or other entities, or federal funds appropriated by Congress for implementation of the plan, may be deposited into an account of the Water Quality Assurance Trust Fund.
History.—s. 7, ch. 2008-232; s. 70, ch. 2015-229; s. 45, ch. 2020-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0862 - Discharge of waste from state groundwater cleanup operations to publicly owned treatment works.

403.0862 Discharge of waste from state groundwater cleanup operations to publicly owned treatment works.—
(1) Upon agreement between a local governmental agency and the department, treated waste resulting from the department’s cleanup or restoration of contaminated groundwater may be discharged to a publicly owned treatment works under the jurisdiction of the local governmental agency.
(2) Upon a demonstration by the local government that it incurred damages and costs, including attorney’s fees, as a result of the discharge from the department’s cleanup operations, the department shall pay for all actual damages and costs, including, but not limited to, the cost of bringing the facility into compliance with any state or federal requirements.
(3) Should the discharge from the department’s cleanup operations exceed agreed upon pretreatment limits, the department shall pay the local government an agreed upon sum for each occasion that the discharge exceeds pretreatment limits without proof of damages as required by subsection (2).
(4) The limitation on damages provided by s. 768.28(5) shall not apply to any obligation or payment which may become due under this section.
History.—s. 10, ch. 86-186.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0871 - Florida Permit Fee Trust Fund.

403.0871 Florida Permit Fee Trust Fund.—There is established within the department a nonlapsing trust fund to be known as the “Florida Permit Fee Trust Fund.” All funds received from applicants for permits pursuant to ss. 161.041, 161.053, 161.0535, 403.087(7), and 403.861(7)(a) shall be deposited in the Florida Permit Fee Trust Fund and shall be used by the department with the advice and consent of the Legislature to supplement appropriations and other funds received by the department for the administration of its responsibilities under this chapter and chapter 161. In no case shall funds from the Florida Permit Fee Trust Fund be used for salary increases without the approval of the Legislature.
History.—s. 2, ch. 82-122; s. 12, ch. 86-186; s. 30, ch. 91-305; s. 362, ch. 94-356; s. 60, ch. 96-321; s. 21, ch. 97-236; s. 47, ch. 2009-21; s. 46, ch. 2020-150.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0873 - Florida Air-Operation License Fee Account.

403.0873 Florida Air-Operation License Fee Account.—The “Florida Air-Operation License Fee Account” is established as a nonlapsing account within the Department of Environmental Protection’s Air Pollution Control Trust Fund. All license fees paid pursuant to s. 403.0872(11) shall be deposited in such account and must be used solely by the department and approved local programs under the advice and consent of the Legislature to pay the direct and indirect costs required to develop and administer the major stationary source air-operation permit program. Any approved local pollution control program that accepts funds from the department as reimbursement for services it performs in the implementation of the major source air-operation permit program, receives delegation from the department or the United States Environmental Protection Agency for implementation of the major source air-operation permit program, or performs functions, duties, or activities substantially similar to or duplicative of the services performed by the department or the United States Environmental Protection Agency in the implementation of the major source air-operation permit program is prohibited from collecting additional fees attributable to such services from any source permitted under s. 403.0872.
History.—s. 5, ch. 92-132; s. 3, ch. 94-321; s. 363, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.08735 - Air emissions trading.

403.08735 Air emissions trading.—
(1) GENERIC AIR EMISSIONS BUBBLE RULE.—The department shall promulgate by July 1, 1996, a generic air emissions bubble rule to the fullest extent consistent with federal law that includes all elements necessary to obtain approval from the United States Environmental Protection Agency to administer the program. The generic air emissions bubble rule shall eliminate the need for case-by-case federal determinations on individual emissions trades within a single facility as individual State Implementation Plan revisions. For purposes of promulgating a generic air emissions bubble rule:
(a) The term “bubble” shall mean an air pollution control strategy which allows multiunit aggregate emission limits to be established within a facility, in lieu of unit-specific emission limits, on a pollutant-specific basis at the request of the facility owner or operator. The application of a bubble to a facility would allow emissions at one or more emissions points or units to fluctuate within a facility as long as the multiunit limit is not exceeded. Multiunit limits shall be established by aggregating unit-specific limits for all new or existing units being included in the bubble. The bubble shall also allow the department to establish, at the request of the owner or operator of a facility, alternative emission limits for individual units as long as the aggregated emissions limit for all involved units is not increased.
(b) The term “facility” shall mean all emissions units that are located on one or more contiguous or adjacent properties that are under common control of the same person or persons. For purposes of this section, the terms “plantwide” and “facilitywide” are used interchangeably.
(2) VOLUNTARY LIMITS ON AIR EMISSIONS.—The department shall adopt rules to allow facilities to voluntarily limit their emissions to avoid otherwise applicable requirements.
History.—s. 1, ch. 95-292; s. 36, ch. 99-5.