Florida Senate - 2023                              CS for SB 162
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Collins
       
       
       
       
       592-02767-23                                           2023162c1
    1                        A bill to be entitled                      
    2         An act relating to water and wastewater facility
    3         operators; amending s. 403.865, F.S.; revising
    4         legislative findings and intent; amending s. 403.867,
    5         F.S.; conforming a provision to changes made by the
    6         act; creating s. 403.8721, F.S.; requiring the
    7         Department of Environmental Protection to issue water
    8         treatment plant operator licenses, water distribution
    9         system operator licenses, and domestic wastewater
   10         treatment plant operator licenses by reciprocity to
   11         certain applicants; providing licensure requirements;
   12         authorizing the department to issue temporary operator
   13         licenses during a declared state of emergency;
   14         requiring the department to waive the application fee
   15         for temporary operator licenses; providing an
   16         effective 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 to
   21  read:
   22         403.865 Water and wastewater facility personnel;
   23  legislative purpose.—
   24         (1) The Legislature finds that:
   25         (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.
   29         (c) The threat to the public health and the environment
   30  from the operation of water and wastewater treatment plants and
   31  water distribution systems mandates that qualified personnel
   32  operate these facilities.
   33         (2) It is the legislative intent of the Legislature that
   34  any person who performs the duties of an operator and who falls
   35  below minimum competency or who otherwise presents a danger to
   36  the public be prohibited from operating a plant or system in
   37  this state.
   38         Section 2. Section 403.867, Florida Statutes, is amended to
   39  read:
   40         403.867 License required.—A person may not perform the
   41  duties of an operator of a water treatment plant, water
   42  distribution system, or a domestic wastewater treatment plant
   43  unless he or she holds an active and valid operator a current
   44  operator’s license issued by the department under s. 403.872 or
   45  s. 403.8721.
   46         Section 3. Section 403.8721, Florida Statutes, is created
   47  to read:
   48         403.8721Requirements for licensure by reciprocity.—
   49         (1)The department shall issue a license by reciprocity to
   50  any applicant who meets all of the following requirements:
   51         (a)Is a water treatment plant operator, water distribution
   52  system operator, or domestic wastewater treatment plant operator
   53  and holds an active and valid license from another state, the
   54  Federal Government, a territory or tribal government that has
   55  been designated as the primary agency by the United States
   56  Environmental Protection Agency, or any unit thereof for which
   57  the licensure requirements, including education and operational
   58  experience, are comparable to or exceed the licensure
   59  requirements of s. 403.872.
   60         (b)Has passed a licensure examination comparable to the
   61  licensure examination of the department, subject to approval by
   62  the department.
   63         (c)Is not the subject of a disciplinary or enforcement
   64  action outside this state at the time of application for
   65  reciprocal licensure.
   66         (d)Submits a completed application for reciprocal
   67  licensure and any required supporting documentation.
   68         (e)Remits the application fee.
   69         (2)The department shall issue a license by reciprocity to
   70  any applicant who has performed duties comparable to a water
   71  treatment plant operator, water distribution system operator, or
   72  domestic wastewater treatment plant operator while serving in
   73  the United States Armed Forces for which the requirements for
   74  performing the duties, including education and operational
   75  experience, are comparable to or exceed the licensure
   76  requirements of s. 403.872.
   77         (a)Any person applying for a license by reciprocity under
   78  this subsection must meet the following requirements:
   79         1.Has passed a skill assessment or competency examination
   80  comparable to the licensure examination of the department,
   81  subject to approval by the department.
   82         2.Is not the subject of a disciplinary or enforcement
   83  action at the time of application for reciprocal licensure.
   84         3.Submits a completed application for reciprocal licensure
   85  and any required supporting documentation.
   86         4.Remits the application fee.
   87         (b)If an applicant does not meet the requirements for
   88  licensure under paragraph (a), the department shall award
   89  education and operational experience credits for licensure under
   90  s. 403.872.
   91         (3)During a declared state of emergency, the department:
   92         (a)May issue a temporary water treatment plant operator
   93  license, water distribution system operator license, or domestic
   94  wastewater treatment plant operator license by reciprocity to
   95  any applicant who meets the requirements of subsection (1) or
   96  subsection (2).
   97         (b)Shall waive the application fee for a temporary
   98  operator license under this subsection.
   99         Section 4. This act shall take effect July 1, 2023.