The Florida Senate

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.