CS/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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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) 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, the term "water and 29
wastewater facility personnel" means 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. 40 3.031(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 sy stem 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 treatm ent 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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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
s. 403.8721. 51
Section 3. Section 403.8721, Florida Statutes, is created 52
to read: 53
403.8721 Requirements for licensur e by 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 requireme nts, including 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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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
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 pla nt operator 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 assessment 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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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
subsection (2). 101
(b) Shall waive the application fee for a temporary 102
operator license under this subsection. 103
(4) The department s hall adopt rules to implement this 104
section. 105
Section 4. This act shall take effect July 1, 2023. 106