Florida 2023 2023 Regular Session

Florida House Bill H0023 Comm Sub / Bill

Filed 02/24/2023

                       
 
CS/HB 23  	2023 
 
 
 
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F L O R I D A H O U S E O F R E P	R E S E N T A T I V E	S 
 
 
 
A bill to be entitled 1 
An act relating to water and wastewater facility 2 
operators; amending s. 403.865, F.S.; revising 3 
legislative findings and intent; providing a 4 
definition; amending s. 403.867, F.S.; conforming a 5 
provision; creating s. 403.8721, F.S.; requiring the 6 
Department of Environmental Protection to issue water 7 
treatment plant operator licenses, water distribution 8 
system operator licenses, and domestic wastewater 9 
treatment plant operator licenses by reciprocity to 10 
certain applicants; providing licensure requirements; 11 
authorizing the department to issue temporary operator 12 
licenses during a declared state of emergency; 13 
requiring the department to waive the application fee 14 
for temporary operator licenses; requiring the 15 
department to adopt rules; providing an effective 16 
date. 17 
 18 
Be It Enacted by the Legislature of the State of Florida: 19 
 20 
 Section 1.  Section 403.865, Florida Statutes, is amended 21 
to read: 22 
 403.865  Water and wastew ater facility personnel; 23 
legislative purpose. — 24 
 (1) The Legislature finds that : 25     
 
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 (a)  Water and wastewater services are essential to the 26 
health and well-being of all citizens. 27 
 (b)  Water and wastewater facility personnel are essential 28 
first responders. As used in this section, drinking water and 29 
wastewater personnel are defined as any employee of a 30 
governmental authority as defined in s. 367.021(7); a utility as 31 
defined in s. 367.021(12); a state, municipal, or county 32 
sewerage system as defined in s. 403. 031(9); or a public water 33 
system as defined in s. 403.852(2). 34 
 (c) The threat to the public health and the environment 35 
from the operation of water and wastewater treatment plants and 36 
water distribution systems mandates that qualified personnel 37 
operate these facilities. 38 
 (2) It is the legislative intent of the Legislature that 39 
any person who performs the duties of an operator and who falls 40 
below minimum competency or who otherwise presents a danger to 41 
the public be prohibited from operating a plant or syst em in 42 
this state. 43 
 Section 2.  Section 403.867, Florida Statutes, is amended 44 
to read: 45 
 403.867  License required. —A person may not perform the 46 
duties of an operator of a water treatment plant, water 47 
distribution system, or a domestic wastewater treatment plant 48 
unless he or she holds an active and valid operator a current 49 
operator's license issued by the department under s. 403.872 or 50     
 
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s. 403.8721. 51 
 Section 3.  Section 403.8721, Florida Statutes, is created 52 
to read: 53 
 403.8721  Requirements for licensure b y reciprocity.— 54 
 (1)  The department shall issue a license by reciprocity to 55 
any applicant who, at a minimum: 56 
 (a)  Is a water treatment plant operator, water 57 
distribution system operator, or domestic wastewater treatment 58 
plant operator and holds an active and valid license from 59 
another state, the federal government, a territory or tribal 60 
government that has been designated as the primary agency by the 61 
United States Environmental Protection Agency, or any unit 62 
thereof for which the licensure requirements, i ncluding 63 
education and operational experience, are comparable to or 64 
exceed the licensure requirements of s. 403.872. 65 
 (b)  Has passed a licensure examination comparable to the 66 
licensure examination of the department, subject to approval by 67 
the department. 68 
 (c)  Is not the subject of a disciplinary or enforcement 69 
action outside this state at the time of application for 70 
reciprocal licensure. 71 
 (d)  Submits a completed application for reciprocal 72 
licensure and any required supporting documentation. 73 
 (e)  Remits the application fee. 74 
 (2)(a)  The department shall issue a license by reciprocity 75     
 
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to any applicant who: 76 
 1.  Has performed duties comparable to a water treatment 77 
plant operator, water distribution system operator, or domestic 78 
wastewater treatment plant ope rator while serving in the United 79 
States Armed Forces for which the requirements for performing 80 
the duties, including education and operational experience, are 81 
comparable to or exceed the licensure requirements of s. 82 
403.872. 83 
 2.  Has passed a skill assess ment or competency examination 84 
comparable to the licensure examination of the department, 85 
subject to approval by the department. 86 
 3.  Is not the subject of a disciplinary or enforcement 87 
action at the time of application for reciprocal licensure. 88 
 4.  Submits a completed application for reciprocal 89 
licensure and any required supporting documentation. 90 
 5.  Remits the application fee. 91 
 (b)  If an applicant does not meet the requirements for 92 
licensure under this subsection, the department shall award 93 
education and operational experience credits for licensure under 94 
s. 403.872. 95 
 (3)  During a declared state of emergency, the department: 96 
 (a)  May issue a temporary water treatment plant operator 97 
license, water distribution system operator license, or domestic 98 
wastewater treatment plant operator license by reciprocity to 99 
any applicant who meets the requirements of subsection (1) or 100     
 
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subsection (2). 101 
 (b)  Shall waive the application fee for a temporary 102 
operator license under this subsection. 103 
 (4)  The department shall a dopt rules to implement this 104 
section. 105 
 Section 4.  This act shall take effect July 1, 2023. 106