reglab/statecodes huggingface dataset:
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0874 - Air Pollution Control Trust Fund.

403.0874 Air Pollution Control Trust Fund.—
(1) The Air Pollution Control Trust Fund is established in and administered by the Department of Environmental Protection.
(2) Funds to be credited to and uses of the trust fund shall be administered in accordance with ss. 320.03, 376.60, 403.0872, and 403.0873.
(3) Notwithstanding s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of a fiscal year shall remain in the trust fund and shall be available for carrying out the purposes of the trust fund.
History.—s. 3, ch. 2015-8.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0875 - Citation of rule.

403.0875 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. 7, ch. 79-161.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0877 - Certification by professionals regulated by the Department of Business and Professional Regulation.

403.0877 Certification by professionals regulated by the Department of Business and Professional Regulation.—
(1) Nothing in this section shall be construed as specific authority for a water management district or the department to require certification by a professional engineer licensed under chapter 471, a professional landscape architect licensed under part II of chapter 481, a professional geologist licensed under chapter 492, or a professional surveyor and mapper licensed under chapter 472, for an activity that is not within the definition or scope of practice of the regulated profession.
(2) If an application for a permit or license to conduct an activity regulated under this chapter, chapter 373, chapter 376, or any permitting program delegated to a water management district by a state agency, or to undertake corrective action of such activity or program ordered by the department or a water management district, requires the services of a professional as enumerated in subsection (1), the department or governing board of a water management district may require, by rule, in conjunction with such an application or any submittals required as a condition of granting a permit or license, or in conjunction with the order of corrective action, such certification by the professional as is necessary to ensure that the proposed activity or corrective action is designed, constructed, operated, and maintained in accordance with applicable law and rules of the department or district and in conformity with proper and sound design principles, or other such certification by the professional as may be necessary to ensure compliance with applicable law or rules of the department or district. The department or governing board of a water management district may further require as a condition of granting a permit or license, or in conjunction with ordering corrective action that the professional certify upon completion of the permitted or licensed activity or corrective action that such activity or corrective action has, to the best of his or her knowledge, been completed in substantial conformance with the plans and specifications approved by the department or board.
(3) The cost of such certifications by the professional shall be borne by the permittee or the person ordered to correct the permitted activity.
(4) A permitted or licensed activity or corrective action that is required to be so certified upon completion of the activity or action may not be placed into use or operation until the professional’s certificate is filed with the department or board.
History.—s. 9, ch. 89-324; s. 31, ch. 91-305; s. 115, ch. 94-119; s. 53, ch. 94-218; s. 2, ch. 97-103.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0881 - Wastewater or reuse or disposal systems or water treatment works; construction permits.

403.0881 Wastewater or reuse or disposal systems or water treatment works; construction permits.—The department may issue construction permits under s. 403.087 for wastewater systems, treatment works, or reuse or disposal systems based upon review of a preliminary design report, application forms, and other required information, all of which shall be formulated by department rule. Detailed construction plans and specifications shall not be required prior to issuance of a permit or a modification to a permit required under s. 403.087 or an operation permit required under s. 403.0885 unless such plans and specifications are required to secure federal funding and the project is expected to receive federal funding. Upon a demonstration that a system constructed in accordance with a construction permit issued pursuant to s. 403.087 operates as designed, the department shall issue a permit for operation of the system. However, an operation permit may be issued prior to the initiation of discharge, provided the department has reasonable assurance, based on the system design, that the provisions of s. 403.088 will be met.
History.—s. 3, ch. 87-125; s. 75, ch. 93-213.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.08852 - Clarification of requirements under rule 62-302.520(2), F.A.C.

403.08852 Clarification of requirements under rule 62-302.520(2), F.A.C.—For purposes of rule 62-302.520(2), Florida Administrative Code, new sources of heated water discharges shall include an expansion, modification, alteration, replacement, or repair of an existing source only if that charge increases the potential thermal loading to surface waters of the state by 10 percent or more compared to the potential thermal loading from that source as of August 1972.
History.—s. 6, ch. 95-215.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0893 - Stormwater funding; dedicated funds for stormwater management.

403.0893 Stormwater funding; dedicated funds for stormwater management.—In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may:
(1) Create one or more stormwater utilities and adopt stormwater utility fees sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891(3);
(2) Establish and set aside, as a continuing source of revenue, other funds sufficient to plan, construct, operate, and maintain stormwater management systems set out in the local program required pursuant to s. 403.0891(3); or
(3) Create, alone or in cooperation with counties, municipalities, and special districts pursuant to the Interlocal Cooperation Act, s. 163.01, one or more stormwater management system benefit areas. All property owners within said area may be assessed a per acreage fee to fund the planning, construction, operation, maintenance, and administration of a public stormwater management system for the benefited area. Any benefit area containing different land uses which receive substantially different levels of stormwater benefits shall include stormwater management system benefit subareas which shall be assessed different per acreage fees from subarea to subarea based upon a reasonable relationship to benefits received. The fees shall be calculated to generate sufficient funds to plan, construct, operate, and maintain stormwater management systems called for in the local program required pursuant to s. 403.0891(3). For fees assessed pursuant to this section, counties or municipalities may use the non-ad valorem levy, collection, and enforcement method as provided for in chapter 197.
History.—s. 16, ch. 86-186; s. 34, ch. 89-279.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.0896 - Training and assistance for stormwater management system personnel.

403.0896 Training and assistance for stormwater management system personnel.—The Stormwater Management Assistance Consortium of the State University System, working in cooperation with the community colleges in the state, interested accredited private colleges and universities, the department, the water management districts, and local governments, shall develop training and assistance programs for persons responsible for designing, building, inspecting, or operating and maintaining stormwater management systems.
History.—s. 33, ch. 89-279.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.092 - Package sewage treatment facilities; inspection.

403.092 Package sewage treatment facilities; inspection.—The department shall implement a program to conduct regular and continuing inspection of package sewage treatment facilities. To the greatest extent possible consistent with the abilities and the financial resources of local governments, the inspection program shall be delegated to local governments.
History.—s. 4, ch. 83-310; s. 368, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.111 - Confidential records.

403.111 Confidential records.—
(1) Any information, other than effluent data and those records described in 42 U.S.C. s. 7661a(b)(8), relating to secret processes or secret methods of manufacture or production, or relating to costs of production, profits, or other financial information which is otherwise not public record, which may be required, ascertained, or discovered by inspection or investigation shall be exempt from the provisions of s. 119.07(1), shall not be disclosed in public hearings, and shall be kept confidential by any member, officer, or employee of the department, upon a showing satisfactory to the department that the information should be kept confidential. The person from whom the information is obtained must request that the department keep such information confidential and must inform the department of the basis for the claim of confidentiality. The department shall, subject to notice and opportunity for hearing, determine whether the information requested to be kept confidential should or should not be kept confidential. The department shall determine whether the information submitted should be kept confidential pursuant to the public purpose test as stated in
1
s. 119.14(4)(b)3.
(2) Nothing in this section shall be construed to prevent the use of such records in judicial or administrative proceedings when ordered to be produced by appropriate subpoena or by order of the court or an administrative law judge. No such subpoena or order of the court or administrative law judge shall abridge or alter the rights or remedies of persons affected in the protection of trade secrets or secret processes, in the manner provided by law, and such persons affected may take any and all steps available by law to protect such trade secrets or processes.
(3) Information submitted by or required of permit applicants or permittees pursuant to s. 403.0885 is not subject to the provisions of this section but is subject to the provisions of 40 C.F.R. s. 122.7.
History.—s. 12, ch. 67-436; ss. 26, 35, ch. 69-106; s. 6, ch. 74-133; s. 1, ch. 90-74; s. 5, ch. 93-94; s. 77, ch. 93-213; s. 239, ch. 96-406; s. 133, ch. 96-410.
1
Note.—Repealed by s. 1, ch. 95-217.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.131 - Injunctive relief, remedies.

403.131 Injunctive relief, remedies.—
(1) The department may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter or any rule, regulation, permit certification, or order; to enjoin any violation specified in s. 403.161(1); and to seek injunctive relief to prevent irreparable injury to the air, waters, and property, including animal, plant, and aquatic life, of the state and to protect human health, safety, and welfare caused or threatened by any violation.
(2) All the judicial and administrative remedies to recover damages and penalties in this section and s. 403.121 are alternative and mutually exclusive.
History.—s. 14, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-139; s. 1, ch. 70-439; s. 2, ch. 72-286; s. 3, ch. 2001-258; s. 27, ch. 2020-158.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.135 - Persons who accept wastewater for spray irrigation; civil liability.

403.135 Persons who accept wastewater for spray irrigation; civil liability.—
(1) Any person who in good faith accepts from any owner or operator of a permitted wastewater treatment or disposal plant any wastewater permitted and intended to be used for disposal through spray irrigation is not liable for any civil damages as a result of the acceptance and disposal of such wastewater through approved spray irrigation practices.
(2) Subsection (1) does not limit or otherwise affect the liability of:
(a) Any person for damages resulting from such person’s negligence, gross negligence, or reckless, wanton, or intentional misconduct;
(b) Any person for the improper management and use of the wastewater after its delivery to such person by any permitted wastewater treatment or disposal plant owner or operator; or
(c) The owner or operator of the plant for damages caused as a result of the spray irrigation.
(3) Nothing in this section shall prohibit any governmental entity from taking such action within its jurisdiction as may be necessary to protect the public health, safety, or welfare or the environment.
(4) Terms used in this section have the meaning specified in this chapter and in the rules of the department under this chapter.
History.—s. 1, ch. 87-207; s. 369, ch. 94-356.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.141 - Civil liability; joint and several liability.

403.141 Civil liability; joint and several liability.—
(1) A person who commits a violation specified in s. 403.161(1) is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state to their former condition, and furthermore is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than $15,000 per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense. If a violation is an unauthorized discharge of domestic wastewater, each day the cause of the violation is not addressed constitutes a separate offense until the violation is resolved by order or judgment. This section does not give the department the right to bring an action on behalf of any private person.
(2) Whenever two or more persons pollute the air or waters of the state in violation of this chapter or any rule, regulation, or order of the department so that the damage is indivisible, each violator shall be jointly and severally liable for such damage and for the reasonable cost and expenses of the state incurred in tracing the source of discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including the animal, plant, and aquatic life of the state, to their former condition. However, if said damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for that damage attributable to his or her violation.
(3) In assessing damages for fish killed, the value of the fish is to be determined in accordance with a table of values for individual categories of fish which shall be promulgated by the department. At the time the table is adopted, the department shall use tables of values established by the Department of Environmental Protection and the Fish and Wildlife Conservation Commission. The total number of fish killed may be estimated by standard practices used in estimating fish population.
(4) The damage provisions of this section shall not apply to damage resulting from the application of federally approved or state-approved chemicals to the waters in the state for the control of insects, aquatic weeds, or algae, provided the application of such chemicals is done in accordance with a program approved pursuant to s. 403.088(1) and provided said application is not done negligently.
History.—s. 15, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-141; s. 1, ch. 71-204; s. 3, ch. 72-286; s. 7, ch. 74-133; s. 1, ch. 76-112; s. 3, ch. 78-98; s. 370, ch. 94-356; s. 4, ch. 97-103; s. 24, ch. 2000-197; s. 18, ch. 2020-158.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.151 - Compliance with rules or orders of department.

403.151 Compliance with rules or orders of department.—All rules or orders of the department which require action to comply with standards adopted by it, or orders to comply with any provisions of this act, may specify a reasonable time for such compliance.
History.—s. 16, ch. 67-436; ss. 26, 35, ch. 69-106.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.1655 - Environmental short-term emergency response program.

403.1655 Environmental short-term emergency response program.—
(1) It is the purpose of this section to provide a mechanism through which the state can immediately respond to short-term emergencies involving a threat to or an actual contamination of surface and ground water. It is the intent of the Legislature that the department provide not only technical assistance when responding to these short-term emergencies, but also financial resources to respond to emergencies which pose an immediate environmental or public health threat.
(2) The department shall be the lead agency for interdepartmental coordination relating to water pollution, toxic substances, and hazardous waste and other environmental and health emergencies not specifically designated within other statutes.
(3) Based upon the nature of the incident, the Water Quality Assurance Trust Fund or the Inland Protection Trust Fund, whichever is appropriate, shall be utilized to enable the department to respond during an emergency to incidents which threaten the environment or public health when otherwise responsible parties do not adequately respond.
(4) The department shall adopt rules for the purposes of this section.
History.—s. 42, ch. 83-310; s. 26, ch. 86-159.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.1815 - Construction of water distribution mains and sewage collection and transmission systems; local regulation.

403.1815 Construction of water distribution mains and sewage collection and transmission systems; local regulation.—Notwithstanding any other provision of this chapter to the contrary, the department may, upon request, allow any county or municipality to independently regulate the construction of water distribution mains of 12 inches or less, gravity sewage collection systems of 12 inches or less, and sewage force mains of 12 inches or less, and pump stations appurtenant to such force mains, provided the plant is owned by the county or municipality making the request for approval or, pursuant to interlocal agreement, plant capacity is provided from a plant owned by another county or municipality or by a regional water supply authority of which the county or municipality requesting approval is a member. The approval may apply to all or any part of such systems. In considering such request, the department shall determine the administrative and engineering ability of a county or municipality to administer and comply with the requirements of this section. In the event the department allows any county or municipality to independently regulate the construction of such systems, these construction projects shall be exempt from department permit requirements. However, nothing in this section shall relieve a county or a municipality from any requirement to obtain the necessary permits for construction activities in waters of the state or of the United States or from complying with all other provisions of this chapter and rules promulgated thereunder. The exemption provided by this section shall not apply to any connection to any water or sewerage system which the department has deemed to be in substantial noncompliance with applicable laws and standards if the department has so notified the respective county or municipality. Each county or municipality granted such authority shall submit monthly reports to the department of the number of connections and geographical location of such connections made pursuant to any independent regulation allowed under this section and shall, not later than July 1 of each year, submit an updated map of any water distribution system and sewage collection and transmission system independently regulated pursuant to this section, which map also shows any plant to which such system connects or interconnects. Such map shall indicate the extensions of such systems constructed for the preceding year.
History.—s. 1, ch. 80-394; s. 33, ch. 91-305; s. 1, ch. 94-132.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.1832 - Grants and Donations Trust Fund.

403.1832 Grants and Donations Trust Fund.—The Grants and Donations Trust Fund is administered by the Department of Environmental Protection. The fund is intended to serve as the depository for grants and funds to be used for allowable grant or donor agreement activities funded by restricted contractual revenue from private and public nonfederal sources.
History.—s. 12, ch. 70-251; s. 1, ch. 70-439; s. 53, ch. 83-310; s. 63, ch. 96-321; s. 14, ch. 2001-270; s. 4, ch. 2015-8; s. 8, ch. 2017-4.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.191 - Construction in relation to other law.

403.191 Construction in relation to other law.—
(1) It is the purpose of this act to provide additional and cumulative remedies to prevent, abate, and control the pollution of the air and waters of the state. Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law, criminal or civil, nor shall any provisions of this act, or any act done by virtue thereof, be construed as estopping the state or any municipality, or person affected by air or water pollution, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.
(2) No civil or criminal remedy for any wrongful action which is a violation of any rule or regulation of the department shall be excluded or impaired by the provisions of this chapter.
(3) This act shall limit and restrict the application of chapter 24952, 1947, Laws of Florida, to any person operating any industrial plant that has located in the State of Florida in reliance thereon and exercised rights and powers granted thereby on and before the effective date of this act; provided such person shall henceforth in the exercise of such rights and powers install and use treatment works or control measures generally equivalent to those installed and used by other similar industrial plants pursuant to the requirements of the department.
History.—s. 20, ch. 67-436; ss. 26, 35, ch. 69-106.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.201 - Variances.

403.201 Variances.—
(1) Upon application, the department in its discretion may grant a variance from the provisions of this act or the rules and regulations adopted pursuant hereto. Variances and renewals thereof may be granted for any one of the following reasons:
(a) There is no practicable means known or available for the adequate control of the pollution involved.
(b) Compliance with the particular requirement or requirements from which a variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time. A variance granted for this reason shall prescribe a timetable for the taking of the measures required.
(c) To relieve or prevent hardship of a kind other than those provided for in paragraphs (a) and (b). Variances and renewals thereof granted under authority of this paragraph shall each be limited to a period of 24 months, except that variances granted pursuant to part II may extend for the life of the permit or certification.
(2) A variance may not be granted from any provision or requirement concerning discharges of waste into waters of the state or hazardous waste management which would result in the provision or requirement being less stringent than a comparable federal provision or requirement, except as provided in s. 403.70715. However, this subsection does not prohibit the issuance of moderating provisions or requirements under state law, subject to any necessary approval by the United States Environmental Protection Agency.
(3) The department shall publish notice, or shall require a petitioner for a variance to publish notice, in the Florida Administrative Register and in a newspaper of general circulation in the area affected, of proposed agency action; and the department shall afford interested persons an opportunity for a hearing on each application for a variance. If no request for hearing is filed with the department within 14 days of published notice, the department may proceed to final agency action without a hearing.
(4) The department may require by rule a processing fee for and may prescribe such time limits and other conditions to the granting of a variance as it deems appropriate.
History.—s. 21, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 74-170; s. 14, ch. 78-95; s. 7, ch. 82-27; s. 21, ch. 86-186; s. 78, ch. 93-213; s. 106, ch. 2008-4; s. 41, ch. 2013-14; s. 5, ch. 2016-130.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.231 - Department of Legal Affairs to represent the state.

403.231 Department of Legal Affairs to represent the state.—The Department of Legal Affairs shall represent the state and its agencies as legal adviser in carrying out the provisions of this act.
History.—s. 24, ch. 67-436; ss. 11, 35, ch. 69-106.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.251 - Safety clause.

403.251 Safety clause.—The Legislature hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health and safety.
History.—s. 27, ch. 67-436.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.281 - Definitions; weather modification law.

403.281 Definitions; weather modification law.—As used in this chapter relating to weather modification:
(1) “Department” means the Department of Environmental Protection.
(2) “Person” includes any public or private corporation.
History.—s. 1, ch. 57-128; ss. 26, 35, ch. 69-106; s. 2, ch. 71-137; s. 156, ch. 71-377; s. 80, ch. 79-65; s. 377, ch. 94-356.
Note.—Former s. 373.261.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.291 - Purpose of weather modification law.

403.291 Purpose of weather modification law.—The purpose of this law is to promote the public safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere.
History.—s. 2, ch. 57-128.
Note.—Former s. 373.271.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.301 - Artificial weather modification operation; license required.

403.301 Artificial weather modification operation; license required.—No person without securing a license from the department, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere.
History.—s. 3, ch. 57-128; ss. 26, 35, ch. 69-106.
Note.—Former s. 373.281.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.311 - Application for weather modification licensing; fee.

403.311 Application for weather modification licensing; fee.—
(1) Any person desiring to do or perform any of the acts specified in s. 403.301 may file with the department an application for a license on a form to be supplied by the department for such purpose setting forth all of the following:
(a) The name and post office address of the applicant.
(b) The education, experience, and qualifications of the applicant, or if the applicant is not an individual, the education, experience, and qualifications of the persons who will be in control and in charge of the operation of the applicant.
(c) The name and post office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.
(d) The nature and object of the weather modification operation which the applicant proposes to conduct, including a general description of such operation.
(e) The method and type of equipment and the type and composition of materials that the applicant proposes to use.
(f) Such other pertinent information as the department may require.
(2) Each application shall be accompanied by a filing fee in the sum of $1,000 and proof of financial responsibility as required by s. 403.321.
History.—s. 4, ch. 57-128; ss. 26, 35, ch. 69-106; s. 18, ch. 88-393.
Note.—Former s. 373.291.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.321 - Proof of financial responsibility.

403.321 Proof of financial responsibility.—
(1) No license shall be issued to any person until he or she has filed with the department proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by him or her in the amount of $10,000 because of bodily injury to or death of one person resulting from any one incident, and subject to said limit for one person, in the amount of $100,000 because of bodily injury to or death of two or more persons resulting from any one incident, and in the amount of $100,000 because of injury to or destruction of property of others resulting from any one incident.
(2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond in the required amount.
History.—s. 5, ch. 57-128; ss. 26, 35, ch. 69-106; s. 5, ch. 97-103.
Note.—Former s. 373.301.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.331 - Issuance of license; suspension or revocation; renewal.

403.331 Issuance of license; suspension or revocation; renewal.—
(1) The department shall issue a license to each applicant who:
(a) By education, skill and experience appears to be qualified to undertake the weather modification operation proposed in his or her application.
(b) Files proof of financial responsibility as required by s. 403.321.
(c) Pays filing fee required in s. 403.311.
(2) Each such license shall entitle the licensee to conduct the operation described in the application for the calendar year for which the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the application shall be cause for revocation or suspension of the license.
(3) The license may be renewed annually by payment of a filing fee in the sum of $50.
History.—s. 6, ch. 57-128; ss. 26, 35, ch. 69-106; s. 6, ch. 97-103.
Note.—Former s. 373.311.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.341 - Filing and publication of notice of intention to operate; limitation on area and time.

403.341 Filing and publication of notice of intention to operate; limitation on area and time.—Prior to undertaking any operation authorized by the license, the licensee shall file with the department and cause to be published a notice of intention. The licensee shall then confine his or her activities substantially within the time and area limits set forth in the notice of intention.
History.—s. 7, ch. 57-128; ss. 26, 35, ch. 69-106; s. 7, ch. 97-103.
Note.—Former s. 373.321.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.351 - Contents of notice of intention.

403.351 Contents of notice of intention.—The notice of intention shall set forth all of the following:
(1) The name and post office address of the licensee.
(2) The name and post office address of the persons on whose behalf the weather modification operation is to be conducted if other than the licensee.
(3) The nature and object of the weather modification operation which licensee proposes to conduct, including a general description of such operation.
(4) The method and type of equipment and the type and composition of the materials the licensee proposes to use.
(5) The area in which and the approximate time during which the operation will be conducted.
(6) The area which will be affected by the operation as nearly as the same may be determined in advance.
History.—s. 8, ch. 57-128.
Note.—Former s. 373.331.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.361 - Publication of notice of intention.

403.361 Publication of notice of intention.—The licensee shall cause the notice of intention to be published at least once a week for 2 consecutive weeks in a newspaper having general circulation and published within any county wherein the operation is to be conducted and in which the affected area is located, or if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county.
History.—s. 9, ch. 57-128.
Note.—Former s. 373.341.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.371 - Proof of publication.

403.371 Proof of publication.—Proof of publication shall be filed by the licensee with the department 15 days from the date of the last publication of notice. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice.
History.—s. 10, ch. 57-128; ss. 26, 35, ch. 69-106.
Note.—Former s. 373.351.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.381 - Record and reports of operations.

403.381 Record and reports of operations.—
(1) Each licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license showing the method employed, the type and composition of materials used, the times and places of operation, the name and post office address of each person participating or assisting in the operation other than licensee and such other information as may be required by the department and shall report the same to the department at such times as it may require.
(2) The records of the department and the reports of all licensees shall be available for public examination.
History.—s. 11, ch. 57-128; ss. 26, 35, ch. 69-106; s. 8, ch. 97-103.
Note.—Former s. 373.361.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.391 - Emergency licenses.

403.391 Emergency licenses.—Notwithstanding any provisions of this act to the contrary, the department may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ss. 403.351-403.371, and without publication of notice of intention as required by s. 403.341 if the operation appears to the department to be necessary or desirable in aid of the extinguishment of fire, dispersal of fog, or other emergency.
History.—s. 12, ch. 57-128; ss. 26, 35, ch. 69-106.
Note.—Former s. 373.371.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.401 - Suspension or revocation of license.

403.401 Suspension or revocation of license.—Any license may be revoked or suspended if the department finds that the licensee has failed or refused to comply with any of the provisions of this act.
History.—s. 13, ch. 57-128; s. 21, ch. 63-512; ss. 26, 35, ch. 69-106; s. 14, ch. 78-95.
Note.—Former s. 373.381.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.411 - Penalty.

403.411 Penalty.—Any person conducting a weather modification operation without first having procured a license, or who shall make a false statement in his or her application for license, or who shall fail to file any report or reports as required by this act, or who shall conduct any weather modification operation after revocation or suspension of his or her license, or who shall violate any other provision of this act, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; and, if a corporation, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Each such violation shall be a separate offense.
History.—s. 14, ch. 57-128; s. 351, ch. 71-136; s. 9, ch. 97-103.
Note.—Former s. 373.391.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.4131 - Litter control.

403.4131 Litter control.—
(1) The Department of Transportation shall establish an “adopt-a-highway” program to allow local organizations to be identified with specific highway cleanup and highway beautification projects authorized under s. 339.2405. The department shall monitor compliance with the provisions of the adopt-a-highway program to ensure that organizations participating in the program comply with the goals identified by the department.
(2) The Department of Transportation shall place signs discouraging litter at all off-ramps of the interstate highway system in the state. The department shall place other highway signs as necessary to discourage littering.
(3) Each county is encouraged to initiate a litter control and prevention program or to expand upon its existing program. The department shall establish a system of grants for municipalities and counties to implement litter control and prevention programs. In addition to the activities described in subsection (1), such grants shall at a minimum be used for litter cleanup, grassroots educational programs involving litter removal and prevention, and the placement of litter and recycling receptacles. Counties are encouraged to form working public private partnerships as authorized under this section to implement litter control and prevention programs at the community level. Counties that have a population under 100,000 are encouraged to develop a regional approach to administering and coordinating their litter control and prevention programs.
History.—s. 55, ch. 88-130; s. 1, ch. 89-37; s. 2, ch. 89-296; s. 5, ch. 91-429; s. 39, ch. 93-207; s. 379, ch. 94-356; s. 14, ch. 98-258; s. 37, ch. 99-5; s. 3, ch. 99-294; s. 19, ch. 2000-331; s. 3, ch. 2007-184; s. 111, ch. 2010-102; s. 37, ch. 2010-225.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.41315 - Comprehensive illegal dumping, litter, and marine debris control and prevention.

403.41315 Comprehensive illegal dumping, litter, and marine debris control and prevention.—
(1) The Legislature finds that a comprehensive illegal dumping, litter, and marine debris control and prevention program is necessary to protect the beauty and the environment of Florida. The Legislature also recognizes that a comprehensive illegal dumping, litter, and marine debris control and prevention program will have a positive effect on the state’s economy. The Legislature finds that the state’s rapid population growth, the ever-increasing mobility of its population, and the large number of tourists contribute to the need for a comprehensive illegal dumping, litter, and marine debris control and prevention program. The Legislature further finds that the program must be coordinated and capable of having statewide identity and grassroots community support.
(2) The comprehensive illegal dumping, litter, and marine debris control and prevention program at a minimum must include the following:
(a) A local public awareness and educational campaign to educate individuals, government, businesses, and other organizations concerning the role they must assume in preventing and controlling litter.
(b) Enforcement provisions authorized under s. 403.413.
(c) Enforcement officers whose responsibilities include grassroots education along with enforcing litter and illegal dumping violations.
(d) Local illegal dumping, litter, and marine debris control and prevention programs operated at the county level with emphasis placed on grassroots educational programs designed to prevent and remove litter and marine debris.
(e) A statewide adopt-a-highway program as authorized under s. 403.4131.
(f) The highway beautification program authorized under s. 339.2405.
(g) A statewide Adopt-a-Shore program that includes beach, river, and lake shorelines and emphasizes litter and marine debris cleanup and prevention.
(h) The prohibition of balloon releases as authorized under s. 379.233.
(i) The placement of approved identifiable litter and recycling receptacles.
(j) Other educational programs that are implemented at the grassroots level involving volunteers and community programs that clean up and prevent litter, including Youth Conservation Corps activities.
History.—s. 35, ch. 93-207; s. 4, ch. 2007-184; s. 201, ch. 2008-247.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.4132 - Litter pickup and removal.

403.4132 Litter pickup and removal.—Local governments are encouraged to initiate programs to supplement the existing litter-removal program for public places and highway systems operated by the Department of Transportation. To the extent that funds are available from the department for litter pickup and removal programs beyond those annually available to the Department of Corrections, priority shall be given to contracting with nonprofit organizations for supplemental litter-removal programs that use youth employment programs.
History.—s. 58, ch. 88-130; s. 16, ch. 96-423.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.4133 - Adopt-a-Shore Program.

403.4133 Adopt-a-Shore Program.—
(1) The Legislature finds that litter and illegal dumping present a threat to the state’s wildlife, environment, and shorelines. The Legislature further finds that public awareness and education will assist in preventing litter from being illegally deposited along the state’s shorelines.
(2) The Adopt-a-Shore Program shall be created within the Department of Environmental Protection. The program shall be designed to educate the state’s citizens and visitors about the importance of litter prevention and shall include approaches and techniques to remove litter from the state’s shorelines.
(3) For the purposes of this section, the term “shoreline” includes, but is not limited to, beaches, rivershores, and lakeshores.
History.—s. 60, ch. 93-207; s. 5, ch. 2007-184.
2023 Florida Statutes › Title XXIX - Public Health › Chapter 403 - Environmental Control › Part I - Pollution Control (Ss. 403.011-403.4155) › 403.4135 - Litter receptacles.

403.4135 Litter receptacles.—
(1) DEFINITIONS.—As used in this section “litter” and “vessel” have the same meanings as provided in s. 403.413.
(2) RECEPTACLES REQUIRED.—All ports, terminal facilities, boatyards, marinas, and other commercial facilities which house vessels and from which vessels disembark shall provide or ensure the availability of litter receptacles of sufficient size and capacity to accommodate the litter and other waste materials generated on board the vessels using its facilities, except for large quantities of spoiled or damaged cargoes not usually discharged by a ship. The department may enforce violations of this section pursuant to ss. 403.121 and 403.131.
History.—s. 13, ch. 89-175; s. 18, ch. 91-286; s. 380, ch. 94-356; s. 3, ch. 2023-236.