reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part V - Environmental Regulation (Ss. 403.801-403.8163) › 403.8163 - Sites for disposal of spoil from maintenance dredge operations; selection.

403.8163 Sites for disposal of spoil from maintenance dredge operations; selection.—Lands created by spoil or used as dredge spoil sites must be given priority consideration as sites for disposal of spoil in maintenance dredge operations, except when the Department of Environmental Protection determines that the spoil, or some substantial portion thereof, may be placed as compatible sediment into the littoral system of an adjacent sandy beach or coastal barrier dune system for the preservation and protection of such beach or dune system.
History.—s. 48, ch. 84-338; s. 14, ch. 86-138; s. 424, ch. 94-356; s. 96, ch. 2020-2.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.851 - Declaration of policy; intent.

403.851 Declaration of policy; intent.—It is the policy of the state that the citizens of Florida shall be assured of the availability of safe drinking water. Recognizing that this policy encompasses both environmental and public health aspects, it is the intent of the Legislature to provide a water supply program operated jointly by the department, in a lead-agency role of primary responsibility for the program, and by the Department of Health and its units, including county health departments, in a supportive role with specific duties and responsibilities of its own. Without any relinquishment of Florida’s sovereign powers and responsibilities to provide for the public health, public safety, and public welfare of the people of Florida, the Legislature intends:
(1) To give effect to Pub. L. No. 93-523 promulgated under the commerce clause of the United States Constitution, to the extent that interstate commerce is directly affected.
(2) To encourage cooperation between federal, state, and local agencies, not only in their enforcement role, but also in their service and assistance roles to city and county elected bodies.
(3) To provide for safe drinking water at all times throughout the state, with due regard for economic factors and efficiency in government.
History.—s. 2, ch. 77-337; s. 162, ch. 79-400; s. 425, ch. 94-356; s. 164, ch. 99-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.8533 - Drinking Water Revolving Loan Trust Fund.

403.8533 Drinking Water Revolving Loan Trust Fund.—
(1) There is created the Drinking Water Revolving Loan Trust Fund to be administered by the Department of Environmental Protection for the purposes of:
(a) Funding for low-interest loans for planning, engineering design, and construction of public drinking water systems and improvements to such systems;
(b) Funding for compliance activities, operator certification programs, and source water protection programs;
(c) Funding for administering loans by the department; and
(d) Paying amounts payable under any service contract entered into by the department under s. 403.1837, subject to annual appropriation by the Legislature.
(2) The trust fund shall be used for the deposit of all moneys awarded by the Federal Government to fund revolving loan programs. All moneys in the fund that are not needed on an immediate basis for loans shall be invested pursuant to s. 215.49. The principal and interest of all loans repaid and investment earnings shall be deposited into this fund.
(3) Pursuant to s. 19(f)(3), Art. III of the State Constitution, the Drinking Water Revolving Loan Trust Fund is exempt from the termination provisions of s. 19(f)(2), Art. III of the State Constitution.
History.—s. 1, ch. 97-232; s. 2, ch. 99-108; s. 8, ch. 2001-65; s. 43, ch. 2010-205.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.8535 - Citation of rule.

403.8535 Citation of rule.—In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this part or such rules promulgated hereunder, cite a specific rule. If a request for information cannot be accompanied by a rule citation, failure to provide such information cannot be grounds to deny a permit.
History.—s. 10, ch. 79-161.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.855 - Imminent hazards.

403.855 Imminent hazards.—In coordination with the Department of Health, the department, upon receipt of information that a contaminant which is present in, or is likely to enter, public or private water supplies may present an imminent and substantial danger to the public health, may take such actions as it may deem necessary in order to protect the public health. Department actions shall include, but are not limited to:
(1) Adopting emergency rules pursuant to s. 120.54(4).
(2) Issuing such corrective orders as may be necessary to protect the health of persons who are or may be users of such supplies, including travelers. An order issued by the department under this section shall become effective upon service of such order on the alleged violator, notwithstanding the provisions of s. 403.860(3).
(3) Establishing a program designed to prevent contamination or to minimize the danger of contamination to potable water supplies.
(4) Contracting for clinical tests on samples of the affected population if the department determines there is a real and immediate danger to the public health.
(5) Commencing a civil action for appropriate relief, including a restraining order or permanent or temporary injunction.
History.—s. 6, ch. 77-337; s. 163, ch. 79-400; s. 5, ch. 83-310; s. 170, ch. 96-410; s. 166, ch. 99-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.856 - Plan for emergency provision of water.

403.856 Plan for emergency provision of water.—The department shall adopt an adequate plan, after consultation with the Department of Health, for the provision of safe drinking water under emergency circumstances. When, in the judgment of the department, emergency circumstances exist in the state with respect to a need for safe drinking water, it may issue such rule or order as it may deem necessary in order to provide such water where it would not otherwise be available.
History.—s. 7, ch. 77-337; s. 167, ch. 99-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.857 - Notification of users and regulatory agencies.

403.857 Notification of users and regulatory agencies.—Whenever a public water supply system:
(1) Is not in compliance with the state primary and secondary drinking water regulations;
(2) Fails to perform monitoring required by rules or regulations adopted by the department;
(3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;
(4) Is subject to an exemption; or
(5) Fails to comply with the requirements prescribed by a variance or exemption,
the owner or operator of the system shall, as soon as practicable, notify the local public health departments, the department, and the communications media serving the area served by the system of that fact and of the extent, nature, and possible health effects of such fact. Such notice shall also be given by the owner or operator of the system by publication in a newspaper of general circulation, as determined by the department, within the area served by such water system at least once every 3 months as long as the violation, variance, or exemption continues. Such notice shall also be given with the water bills of the system as long as the violation, variance, or exemption continues, as follows: if the water bills of a public water system are issued at least as often as once every 3 months, such notice shall be included in at least one water bill of the system for each customer every 3 months; if the system issues its water bills less often than once every 3 months, such notice shall be included in each of the water bills issued by the system for each customer. However, the provisions of this section notwithstanding, the department may prescribe by rule reasonable alternative notice requirements.
History.—s. 8, ch. 77-337.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.858 - Inspections.

403.858 Inspections.—Any duly authorized representative of the department or of the Department of Health may enter, take water samples from, and inspect any property, premises, or place, except a building which is used exclusively for a private residence, on or at which a public water system is located or is being constructed or installed, at any reasonable time, for the purpose of ascertaining the state of compliance with the law or with rules or orders of the department.
History.—s. 9, ch. 77-337; s. 168, ch. 99-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.860 - Penalties and remedies.

403.860 Penalties and remedies.—
(1) A fine, not to exceed $5,000 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction on any person who violates s. 403.859(1), (2), (4), (5), or (6).
(2) A fine, not to exceed $5,000 for each day in which such violation occurs or failure to comply continues, may be imposed by a court of competent jurisdiction upon any person who violates, or fails or refuses to comply with, any order issued by the department pursuant to this act.
(3) The department may initiate an administrative proceeding to establish liability and require corrective action. Such proceeding shall be instituted by the department’s serving a written notice of violation upon the alleged violator by certified mail. The notice shall specify the provision of law or rule of the department alleged to have been violated and the facts alleged to constitute a violation thereof. An order for corrective action may be included with the notice. However, no order shall become effective until after service and an administrative hearing, if requested within 20 days after service. Failure to request an administrative hearing within this time period shall constitute a waiver thereof. A department order, entered after a hearing pursuant to chapter 120 or a waiver thereof, shall be final and constitute a final adjudication of the matters alleged. Such order may require, in addition to corrective action, that the violator pay the state for its reasonable costs and expenses incurred in investigating the violation and prosecuting the administrative proceeding.
(4) The department or a county health department that has been approved by the department under s. 403.862(1)(c) may institute a civil action in any court of appropriate jurisdiction for injunctive relief to prevent violation of any order, rule, or regulation issued pursuant to this act, in addition to any other remedies provided under this section.
(5) In addition to any judicial or administrative remedy authorized by this part, the department or a county health department that has received approval by the department pursuant to s. 403.862(1)(c) shall assess administrative penalties for violations of this section in accordance with s. 403.121.
(6) Fees collected pursuant to this section shall be deposited in the Water Quality Assurance Trust Fund or the appropriate County Health Department Trust Fund, in accordance with s. 381.0063, to be used to carry out the provisions of this part. The department may use a portion of the fund to contract for services to help collect noncompliance fees assessed pursuant to this section.
History.—s. 11, ch. 77-337; s. 71, ch. 90-331; s. 2, ch. 93-50; s. 3, ch. 93-264; s. 104, ch. 97-101; s. 3, ch. 97-236; s. 5, ch. 2001-258; s. 29, ch. 2020-158.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.8615 - Determination of capability and capacity development.

403.8615 Determination of capability and capacity development.—
(1) The department shall require all new community water systems and new nontransient, noncommunity water systems seeking to commence operations after October 1, 1999, to demonstrate the technical, managerial, and financial capabilities to comply with national primary drinking water regulations as required by the federal Safe Drinking Water Act, as amended. The department shall establish by rule, consistent with any federal guidance on capacity development, the criteria for determining technical, managerial, and financial capabilities. At a minimum, such water systems must:
(a) Employ or contract for the services of a certified operator, unless the department has waived this requirement pursuant to s. 403.854(5).
(b) Demonstrate the capabilities to conduct required monitoring and reporting programs and maintain appropriate records of such monitoring.
(c) Demonstrate financial soundness through the posting of a bond, creation of a reserve, documentation of an unreserved revenue source, or other appropriate means established by department rule.
(2) If the department determines that such a water system cannot demonstrate technical, managerial, or financial capability, a permit may not be issued for that system pursuant to s. 403.861(7) until the water system has been determined to have the required capabilities.
History.—s. 4, ch. 97-236.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.8635 - State drinking water sample laboratory certification program.

403.8635 State drinking water sample laboratory certification program.—
(1) In addition to certifying laboratories pursuant to s. 403.863, the Department of Health is authorized to establish a periodic certification and approval program for laboratories that perform analyses of drinking water samples, which program will assure the acceptable quality, reliability, and validity of all testing results.
(2) The Department of Health has the responsibility for the operation and implementation of laboratory certification pursuant to this section, except that, upon completion of the evaluation and review of an application for laboratory certification, the evaluation shall be forwarded, along with recommendations, to the department for review and comment prior to final approval or disapproval.
(3) The Department of Health is authorized to charge and collect fees for the evaluation and certification of laboratories pursuant to this part. The fee schedule shall be based on the number of analytical functions for which certification is sought. Such fees shall be sufficient to meet the costs incurred by the Department of Health in the administration and operation of this program. All fees shall be deposited in a trust fund administered by the Department of Health to be used for the sole purpose of this section.
History.—s. 49, ch. 84-338; s. 428, ch. 94-356; s. 172, ch. 99-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.864 - Public water supply accounting program.

403.864 Public water supply accounting program.—
(1) It is the intent of the Legislature to require a yearly accounting of funds, overhead, personnel, and property used by the department and the Department of Health and its units, including each of the county health departments, in conducting their respective responsibilities for the state public water supply program. Such accounting shall be presented to the Governor, the President of the Senate, and the Speaker of the House of Representatives by the department and the Department of Health no later than February 1 of each year.
(2) In furtherance of this intent, the Department of Health and the department shall jointly develop an accounting program for use by the department and the Department of Health and its units, including the county health departments, to determine the funds, overhead, personnel, and property used by each of the departments in conducting its respective public water supply functions and responsibilities for each fiscal year. The accounting program shall provide information sufficient to satisfy state auditing and federal grant and aid reporting requirements and shall include provisions requiring the Department of Health to:
(a) Segregate, from an accounting standpoint, funds distributed to county health departments for public water supply functions from other county health department trust funds.
(b) Segregate, from an accounting standpoint, funds distributed to the central and branch laboratories of the Department of Health for public water supply functions from other laboratory funds.
(c) Require each county health department, the central and each branch laboratory of the Department of Health, and any other entity of the Department of Health involved in and carrying out public water supply functions to account to the Department of Health on a semiannual basis for the funds received, from whatever source, and used for public water supply functions.
(d) Require each county health department, the central and each branch laboratory of the Department of Health, and any other entity of the Department of Health involved in carrying out public water supply functions either wholly or partially with funds, either federal or state, received from the department through an interagency agreement or other means to account to the department on a semiannual basis for such funds received and used for public water supply functions.
History.—s. 15, ch. 77-337; s. 100, ch. 79-164; s. 5, ch. 95-144; s. 173, ch. 99-8; s. 113, ch. 2001-266.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.8645 - Intended Use Plan.

403.8645 Intended Use Plan.—
(1) The Florida Legislature recognizes that over 80 percent of the state’s population lives in coastal areas and is dependent on groundwater sources for drinking water supplies. Further, the Legislature recognizes that saltwater intrusion is an increased threat to healthful and safe drinking water supplies.
(2) The Intended Use Plan required of the department under the federal Safe Drinking Water Act, as amended, shall provide, in general, to the maximum extent practicable, that priority for the use of funds be given to projects that:
(a) Address the most serious risk to human health, especially projects that would develop alternative water supply in areas with saltwater intrusion problems;
(b) Are necessary to ensure compliance with the requirements of the federal Safe Drinking Water Act, as amended, including requirements for filtration; and
(c) Assist systems most in need on a per-household basis according to affordability criteria established by the Department of Environmental Protection by rule.
History.—s. 2, ch. 97-236.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.865 - Water and wastewater facility personnel; legislative purpose.

403.865 Water and wastewater facility personnel; legislative purpose.—
(1) The Legislature finds that:
(a) Water and wastewater services are essential to the health and well-being of all citizens.
(b) Water and wastewater facility personnel are essential first responders. As used in this section, the term “water and wastewater facility personnel” means any employee of a governmental authority as defined in s. 367.021; a utility as defined in s. 367.021; a state, municipal, or county sewerage system as defined in s. 403.031(9); or a public water system as defined in s. 403.852(2).
(c) The threat to the public health and the environment from the operation of water and wastewater treatment plants and water distribution systems mandates that qualified personnel operate these facilities.
(2) It is the intent of the Legislature that any person who performs the duties of an operator and who falls below minimum competency or who otherwise presents a danger to the public be prohibited from operating a plant or system in this state.
History.—s. 5, ch. 97-236; s. 7, ch. 2001-270; s. 1, ch. 2023-204.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.866 - Definitions; ss. 403.865-403.876.

403.866 Definitions; ss. 403.865-403.876.—As used in ss. 403.865-403.876, the term:
(1) “Domestic wastewater collection system” means pipelines or conduits, pumping stations, and force mains and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.
(2) “Domestic wastewater treatment plant” means any plant or other works used for the purpose of treating, stabilizing, or holding domestic wastes.
(3) “Operator” means any person, including the owner, who is in onsite charge of the actual operation, supervision, and maintenance of a water treatment plant, water distribution system, or domestic wastewater treatment plant and includes the person in onsite charge of a shift or period of operation during any part of the day.
(4) “Public water system” has the same meaning as it has in s. 403.852.
(5) “Water distribution system” means those components of a public water system used in conveying water for human consumption from the water treatment plant to the consumer’s property, including pipes, tanks, pumps, and other constructed conveyances.
(6) “Water treatment plant” means those components of a public water system used in collection, treatment, and storage of water for human consumption, whether or not such components are under the control of the operator of such system.
History.—s. 6, ch. 97-236; s. 8, ch. 2001-270.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.867 - License required.

403.867 License required.—A person may not perform the duties of an operator of a water treatment plant, water distribution system, or domestic wastewater treatment plant unless he or she holds an active and valid operator license issued by the department under s. 403.872 or s. 403.8721.
History.—s. 7, ch. 97-236; s. 9, ch. 2001-270; s. 2, ch. 2023-204.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.868 - Requirements by a utility.

403.868 Requirements by a utility.—A utility may have more stringent requirements than set by law, including certification requirements for water distribution systems and domestic wastewater collection systems operations, except that a utility may not require a licensed contractor, as defined in s. 489.105(3) to have any additional license for work in water distribution systems or domestic wastewater collection systems.
History.—s. 8, ch. 97-236.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.869 - Authority to adopt rules.

403.869 Authority to adopt rules.—The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 403.865-403.876.
History.—s. 9, ch. 97-236; s. 108, ch. 98-200.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.871 - Fees.

403.871 Fees.—The department shall establish fees to be paid by persons seeking licensure or license renewal to cover the entire cost to the department of administering ss. 403.865-403.876, including, but not limited to, the costs associated with application review and examination, reexamination, licensing and renewal, renewal of an inactive license, reactivation of an inactive license, recordmaking, and recordkeeping, and the costs of ensuring compliance with ss. 403.865-403.876. The fees for license application and license renewal shall be nonrefundable. The department shall establish fees adequate to administer and implement ss. 403.865-403.876.
(1) The application fee may not exceed $100 and is not refundable.
(2) The renewal fee may not exceed $100 and is not refundable.
(3) All fees collected under this section must be deposited into the Water Quality Assurance Trust Fund. The fees shall be used exclusively to implement the provisions of ss. 403.865-403.876.
History.—s. 11, ch. 97-236; s. 10, ch. 2001-270; s. 23, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.872 - Requirements for licensure.

403.872 Requirements for licensure.—
(1) Any person desiring to be licensed as a water treatment plant operator, a water distribution system operator, or a domestic wastewater treatment plant operator must apply to the department to take the licensure examination.
(2) The department shall examine the qualifications of any applicant who meets the criteria established by the department for licensure, submits a completed application, and remits the required fee.
(3) The department shall license as an operator any applicant who has passed the examination and meets the other criteria established under this section.
(4) The department shall establish, by rule, the criteria for licensure, including, but not limited to, a requirement of a high school diploma or its equivalent, a training course approved by the department, and onsite operational experience.
(5) The department may also include a requirement that an operator must not be the subject of a disciplinary or enforcement action in another state at the time of application for licensure in this state.
History.—s. 12, ch. 97-236; s. 11, ch. 2001-270.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.8721 - Requirements for licensure by reciprocity.

403.8721 Requirements for licensure by reciprocity.—
(1) The department shall issue a license by reciprocity to any applicant who, at a minimum, meets all of the following requirements:
(a) Is a water treatment plant operator, water distribution system operator, or domestic wastewater treatment plant operator and holds an active and valid license from another state, the Federal Government, a territory or tribal government that has been designated as the primary agency by the United States Environmental Protection Agency, or any unit thereof for which the licensure requirements, including education and operational experience, are comparable to or exceed the licensure requirements of s. 403.872.
(b) Has passed a licensure examination comparable to the licensure examination of the department, subject to approval by the department.
(c) Is not the subject of a disciplinary or enforcement action outside this state at the time of application for reciprocal licensure.
(d) Submits a completed application for reciprocal licensure and any required supporting documentation.
(e) Remits the application fee.
(2) The department shall issue a license by reciprocity to any applicant who has performed duties comparable to a water treatment plant operator, water distribution system operator, or domestic wastewater treatment plant operator while serving in the United States Armed Forces for which the requirements for performing the duties, including education and operational experience, are comparable to or exceed the licensure requirements of s. 403.872.
(a) Any person applying for a license by reciprocity under this subsection must, at a minimum, meet all of the following requirements:
1. Have passed a skill assessment or competency examination comparable to the licensure examination of the department, subject to approval by the department.
2. Not have been the subject of a disciplinary or enforcement action at the time of application for reciprocal licensure.
3. Submit a completed application for reciprocal licensure and any required supporting documentation.
4. Remit the application fee.
(b) If an applicant does not meet the requirements for licensure under subparagraphs (a)1. and 2., the department must award education and operational experience credits for licensure under s. 403.872.
(3) During a state of emergency declared pursuant to s. 252.36, the department:
(a) May issue a temporary water treatment plant operator license, water distribution system operator license, or domestic wastewater treatment plant operator license by reciprocity to any applicant who meets the requirements of subsection (1) or subsection (2).
(b) Shall waive the application fee for a temporary operator license under this subsection.
(4) The department shall adopt rules to implement this section.
History.—s. 3, ch. 2023-204.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.873 - Renewal of license.

403.873 Renewal of license.—
(1) The department shall renew a license upon receipt of the renewal application, proof of completion of department-approved continuing education units during the current biennium, and the renewal fee, and in accordance with the other provisions of ss. 403.865-403.876.
(2) The department shall adopt a procedure for the biennial renewal of licenses, including the requirements for continuing education.
History.—s. 13, ch. 97-236; s. 21, ch. 2008-150; s. 24, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.874 - Inactive status.

403.874 Inactive status.—
(1) The department shall reactivate an inactive license upon receipt of the reactivation application and fee within the 2-year period immediately following the expiration date of the license. Any license not reactivated within this 2-year period shall be null and void, and an operator seeking a license thereafter must meet the training, examination, and experience requirements for the type and class or level of license sought.
(2) The department shall adopt procedures for null and void licenses and how to obtain a new license after a license has become null and void.
History.—s. 14, ch. 97-236; s. 22, ch. 2008-150; s. 25, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.875 - Prohibitions; penalties.

403.875 Prohibitions; penalties.—
(1) A person may not:
(a) Perform the duties of an operator of a water treatment plant, water distribution system, or domestic wastewater treatment plant unless he or she is licensed under ss. 403.865-403.876.
(b) Use the name or title “water treatment plant operator,” “water distribution system operator,” “domestic wastewater treatment plant operator” or any other words, letters, abbreviations, or insignia indicating or implying that he or she is an operator, or otherwise holds himself or herself out as an operator, unless the person is the holder of a valid license issued under ss. 403.865-403.876.
(c) Present as his or her own the license of another.
(d) Knowingly give false or forged evidence to the department.
(e) Use or attempt to use a license that has been suspended, revoked, or placed on inactive or delinquent status.
(f) Employ unlicensed persons to perform the duties of an operator of a water treatment or domestic wastewater treatment plant or a water distribution system.
(g) Conceal information relative to any violation of ss. 403.865-403.876.
(2) Any person who violates any provision of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 15, ch. 97-236; s. 12, ch. 2001-270.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.876 - Grounds for disciplinary action.

403.876 Grounds for disciplinary action.—
(1) The department shall establish the grounds for taking disciplinary action, including suspending or revoking a valid license, placing a licensee on probation, refusing to issue a license, refusing to renew a license, or refusing to reactivate a license, and the imposition of an administrative fine, not to exceed $1,000 per count or offense. The fines collected under this section shall be deposited into the Water Quality Assurance Trust Fund.
(2) The department shall conduct disciplinary proceedings in accordance with chapter 120.
(3) The department shall reissue the license of a disciplined operator when that operator has complied with all terms and conditions of the department’s final order.
History.—s. 16, ch. 97-236; s. 26, ch. 2015-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.88 - Classification of water and wastewater treatment facilities and facility operators.

403.88 Classification of water and wastewater treatment facilities and facility operators.—
(1) The department shall classify water treatment plants, wastewater treatment plants, and water distribution systems by size, complexity, and level of treatment necessary to render the wastewater or source water suitable for its intended purpose in compliance with this chapter and department rules.
(2) The department shall establish the levels of certification and the staffing requirements for water treatment plant, water distribution system, and wastewater treatment plant operators certified under ss. 403.865-403.876 necessary to carry out subsection (1).
(3) A water treatment plant operator’s license is also valid as a water distribution system license of the same classification or lower.
(4) The department shall adopt rules necessary to carry out this section.
History.—s. 1, ch. 98-62; s. 13, ch. 2001-270.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.885 - Water Projects Grant Program.

403.885 Water Projects Grant Program.—
(1) The Department of Environmental Protection shall administer a grant program to use funds appropriated by the Legislature for water quality improvement, stormwater management, wastewater management, and water restoration and other water projects as specifically appropriated by the Legislature. Eligible recipients of such grants include counties, municipalities, water management districts, and special districts that have legal responsibilities for water quality improvement, water management, stormwater management, wastewater management, lake and river water restoration projects, and drinking water projects pursuant to this section.
(2) The grant program shall provide for the evaluation of annual grant proposals. The department shall evaluate such proposals to determine if they:
(a) Protect public health or the environment.
(b) Implement plans developed pursuant to the Surface Water Improvement and Management Act created in part IV of chapter 373, other water restoration plans required by law, management plans prepared pursuant to s. 403.067, or other plans adopted by local government for water quality improvement and water restoration.
History.—s. 11, ch. 2002-291; s. 16, ch. 2005-291; s. 34, ch. 2006-26; s. 73, ch. 2006-230; s. 14, ch. 2008-5; s. 73, ch. 2015-229.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.890 - Water Protection and Sustainability Program.

403.890 Water Protection and Sustainability Program.—
(1) Revenues deposited into or appropriated to the Water Protection and Sustainability Program Trust Fund shall be distributed by the Department of Environmental Protection for the following purposes:
(a) The alternative water supply program as provided in s. 373.707.
(b) The water storage facility revolving loan fund as provided in s. 373.475.
(c) The water quality improvement grant program as provided in s. 403.0673.
(2) Revenues deposited into or appropriated to the Water Protection and Sustainability Program Trust Fund for purposes of the water storage facility revolving loan fund may only be used for such purposes.
(3) On June 30, 2009, and every 24 months thereafter, the Department of Environmental Protection shall request the return of all unencumbered funds distributed for the purposes of the alternative water supply program. These funds shall be deposited into the Water Protection and Sustainability Program Trust Fund and redistributed for such purposes.
History.—s. 17, ch. 2005-291; s. 41, ch. 2007-73; s. 2, ch. 2007-335; s. 108, ch. 2008-4; s. 12, ch. 2008-114; s. 42, ch. 2008-153; s. 8, ch. 2009-2; s. 10, ch. 2009-20; s. 54, ch. 2009-21; s. 3, ch. 2009-23; s. 18, ch. 2010-4; s. 24, ch. 2010-205; s. 6, ch. 2017-10; s. 2, ch. 2021-39; s. 27, ch. 2023-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VI - Water Supply; Water Treatment Plants (Ss. 403.850-403.892) › 403.891 - Water Protection and Sustainability Program Trust Fund of the Department of Environmental Protection.

403.891 Water Protection and Sustainability Program Trust Fund of the Department of Environmental Protection.—
(1) The Water Protection and Sustainability Program Trust Fund is created within the Department of Environmental Protection. The purpose of the trust fund is to implement the Water Protection and Sustainability Program created in s. 403.890.
(2) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.
History.—s. 1, ch. 2005-289; s. 13, ch. 2008-114; s. 2, ch. 2009-23; s. 25, ch. 2010-205; s. 32, ch. 2011-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.90 - Judicial review relating to permits and licenses.

403.90 Judicial review relating to permits and licenses.—
(1) As used in this section, unless the context otherwise requires:
(a) “Agency” means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of state government.
(b) “Permit” means any permit or license required by this chapter.
(2) Any person substantially affected by a final action of any agency with respect to a permit may seek review within 90 days of the rendering of such decision and request monetary damages and other relief in the circuit court in the judicial circuit in which the affected property is located; however, circuit court review shall be confined solely to determining whether final agency action is an unreasonable exercise of the state’s police power constituting a taking without just compensation. Review of final agency action for the purpose of determining whether the action is in accordance with existing statutes or rules and based on competent substantial evidence shall proceed in accordance with chapter 120.
(3) If the court determines the decision reviewed is an unreasonable exercise of the state’s police power constituting a taking without just compensation, the court shall remand the matter to the agency which shall, within a reasonable time:
(a) Agree to issue the permit;
(b) Agree to pay appropriate monetary damages; however, in determining the amount of compensation to be paid, consideration shall be given by the court to any enhancement to the value of the land attributable to governmental action; or
(c) Agree to modify its decision to avoid an unreasonable exercise of police power.
(4) The agency shall submit a statement of its agreed-upon action to the court in the form of a proposed order. If the action is a reasonable exercise of police power, the court shall enter its final order approving the proposed order. If the agency fails to submit a proposed order within a reasonable time not to exceed 90 days which specifies an action that is a reasonable exercise of police power, the court may order the agency to perform any of the alternatives specified in subsection (3).
(5) The court shall award reasonable attorney’s fees and court costs to the agency or substantially affected person, whichever prevails.
(6) The provisions of this section are cumulative and shall not be deemed to abrogate any other remedies provided by law.
History.—ss. 1, 2, 3, 4, 5, 6, ch. 78-85.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.905 - Removal of fill on sovereignty lands.

403.905 Removal of fill on sovereignty lands.—The department or the Board of Trustees of the Internal Improvement Trust Fund has the authority to direct an abutting upland owner to remove from submerged sovereignty lands or state-owned lands any fill created in violation of
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ss. 403.91-403.929 or part IV of chapter 373, except that the department or the board may consider the time at which the submerged land was filled, the length of upland ownership by the current owner, and any other equitable consideration. In the event that the abutting upland owner does not remove such fill as directed, the department or board may remove it at its own expense, and the costs of removal will become a lien upon the property of such abutting upland owner. However, the department and board may, if they choose, allow such fill to remain as state-owned land and may employ a surveyor to determine the boundary between such state land and that of the abutting upland owner. The amount of the cost of such survey will become a lien on the property of the abutting upland owner. Nothing herein may be construed to grant the department or the board authority to direct an upland owner to adjust, alter, or remove silt, fill, or other solid material which has accumulated or has been deposited seaward of his or her property, through no fault of the owner.
History.—s. 38, ch. 93-213; s. 20, ch. 97-103.
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Note.—Sections 403.91-403.925 and 403.929 were repealed by s. 45, ch. 93-213, and s. 403.913, as amended by s. 46, ch. 93-213, was transferred to s. 403.939 and subsequently repealed by s. 18, ch. 95-145. The only section remaining within the cited range is s. 403.927.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9301 - Wastewater services projections.

403.9301 Wastewater services projections.—
(1) The Legislature intends for each county, municipality, or special district providing wastewater services to create a 20-year needs analysis.
(2) As used in this section, the term:
(a) “Domestic wastewater” has the same meaning as provided in s. 367.021.
(b) “Facility” means any equipment, structure, or other property, including sewerage systems and treatment works, used to provide wastewater services.
(c) “Treatment works” has the same meaning as provided in s. 403.031.
(d) “Wastewater services” means service to a sewerage system, as defined in s. 403.031, or service to domestic wastewater treatment works.
(3) By June 30, 2022, and every 5 years thereafter, each county, municipality, or special district providing wastewater services shall develop a needs analysis for its jurisdiction over the subsequent 20 years. In projecting such needs, each local government shall include the following:
(a) A detailed description of the facilities used to provide wastewater services.
(b) The number of current and projected connections and residents served calculated in 5-year increments.
(c) The current and projected service area for wastewater services.
(d) The current and projected cost of providing wastewater services calculated in 5-year increments.
(e) The estimated remaining useful life of each facility or its major components.
(f) The most recent 5-year history of annual contributions to, expenditures from, and balances of any capital account for maintenance or expansion of any facility or its major components.
(g) The local government’s plan to fund the maintenance or expansion of any facility or its major components. The plan must include historical and estimated future revenues and expenditures with an evaluation of how the local government expects to close any projected funding gap.
(4) Upon completing the requirements of subsection (3), each municipality or special district shall submit its needs analysis, as well as the methodology and any supporting data necessary to interpret the results, to the county within which the largest portion of its service area is located. Each county shall compile all analyses submitted to it under this subsection into a single document and include its own analysis in the document. The county shall file the compiled document with the coordinator of the Office of Economic and Demographic Research no later than July 31, 2022, and every 5 years thereafter.
(5) The Office of Economic and Demographic Research shall evaluate the compiled documents from the counties for the purpose of developing a statewide analysis for inclusion in the assessment due January 1, 2023, pursuant to s. 403.928.
(6) This section applies to a rural area of opportunity as defined in s. 288.0656 unless the requirements of this section would create an undue economic hardship for the county, municipality, or special district in the rural area of opportunity.
History.—s. 4, ch. 2021-194; s. 29, ch. 2023-169.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part VII - Miscellaneous Provisions (Ss. 403.90-403.9339) › 403.9321 - Short title.

403.9321 Short title.—Sections 403.9321-403.9333 may be cited as the “Mangrove Trimming and Preservation Act.”
History.—s. 1, ch. 95-299.