The Florida Senate

403.861  Department; powers and duties.--The department shall have the power and the duty to carry out the provisions and purposes of this act and, for this purpose, to:

(1)  Administer and enforce the provisions of this act and all rules and orders adopted, issued, or made effective hereunder.

(2)  Enter into agreements, contracts, or cooperative arrangements, under such terms and conditions as it deems appropriate, with other local, state, federal, or interstate agencies; municipalities; political subdivisions; educational institutions; or other organizations or persons.

(3)  Receive financial and technical assistance from the Federal Government and other public or private agencies.

(4)  Participate in related programs conducted by federal agencies, other states, interstate agencies, or other public or private agencies or organizations.

(5)  Establish adequate fiscal controls and accounting procedures to assure proper disbursement of, and accounting for, funds appropriated or otherwise provided for the purpose of carrying out provisions of this act.

(6)  Delegate those responsibilities and duties deemed appropriate for the purpose of administering requirements of this act.

(7)  Issue permits for constructing, altering, extending, or operating a public water system, based upon the size of the system, type of treatment provided by the system, or population served by the system. The department may issue a permit for a public water system based upon review of a preliminary design report or plans and specifications and a completed permit application form and other required information as set forth in department rule.

(8)  Require a fee in an amount sufficient to cover the costs of viewing and acting upon any application for the construction and operation of a public water supply system and the costs of surveillance and other field services associated with any permit issued, but the amount in no case shall exceed $7,500. The fee schedule shall be adopted by rule based on a sliding scale relating to the size, type of treatment, or population served by the system that is proposed by the applicant.

(9)  Adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this act.

(10)  Review and approve record drawings prior to allowing operation of any new, altered, or extended public water system for which a valid permit has been issued under subsection (7).

(11)  Establish and maintain laboratories for radiological, microbiological, and chemical analyses of water samples from public water systems, if the department determines that an additional laboratory capability beyond that provided by the Department of Health is necessary.

(12)  Plan, develop, and coordinate program activities for the management and implementation of the state primary and secondary drinking water regulations, including taking sanitary surveys.

(13)  Collect and disseminate information and conduct educational and training programs relating to drinking water and public water systems.

(14)  Conduct data management activities to maintain essential records needed for administration of the public water system supervision program and for submission to the administrator, including the maintenance of an inventory for all public water systems.

(15)  Establish and collect fees for conducting state laboratory analyses as may be necessary, to be collected and used by either the department or the Department of Health in conducting its public water supply laboratory functions.

(16)  Require suppliers of water to collect samples of water as required by state primary drinking water regulations, to submit such samples to an appropriate laboratory for analysis, and to keep sampling records as required under the federal act and make such records available to the department upon request.

(17)  Require suppliers of water to submit periodic operating reports and testing data which the department determines are reasonably necessary to ascertain the adequacy of water supply systems. The information may include raw water data to determine whether additional treatment will be required to ensure that water at the consumer's tap meets applicable drinking water standards and action levels.

(18)  Issue such orders as may be necessary to effectuate the intent and purposes of this act.

(19)  Assist state and local agencies in the determination and investigation of suspected waterborne disease outbreaks, including diseases associated with chemical contaminants.

(20)  Encourage public involvement and participation in the planning and implementation of the state public water system supervisory plans.

History.--s. 12, ch. 77-337; s. 165, ch. 79-400; s. 46, ch. 86-186; s. 40, ch. 91-305; s. 107, ch. 98-200; s. 170, ch. 99-8; s. 6, ch. 2001-270.