Florida Senate - 2023                       CS for CS for SB 162
       
       
        
       By the Committees on Regulated Industries; and Environment and
       Natural Resources; and Senator Collins
       
       
       
       
       580-03281-23                                           2023162c2
    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; defining the term
    5         “drinking water and wastewater facility personnel”;
    6         amending s. 403.867, F.S.; conforming a provision to
    7         changes made by the act; creating s. 403.8721, F.S.;
    8         requiring the Department of Environmental Protection
    9         to issue water treatment plant operator licenses,
   10         water distribution system operator licenses, and
   11         domestic wastewater treatment plant operator licenses
   12         by reciprocity to certain applicants; providing
   13         licensure requirements; authorizing the department to
   14         issue temporary operator licenses during a declared
   15         state of emergency; requiring the department to waive
   16         the application fee for temporary operator licenses;
   17         requiring the department to adopt rules; providing an
   18         effective date.
   19          
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Section 403.865, Florida Statutes, is amended to
   23  read:
   24         403.865 Water and wastewater facility personnel;
   25  legislative purpose.—
   26         (1) The Legislature finds that:
   27         (a)Water and wastewater services are essential to the
   28  health and well-being of all citizens.
   29         (b)Drinking water and wastewater facility personnel are
   30  essential first responders. As used in this section, the term
   31  “drinking water and wastewater facility personnel” means any
   32  employee of a governmental authority as defined in s. 367.021; a
   33  utility as defined in s. 367.021; a state, municipal, or county
   34  sewerage system as defined in s. 403.031(9); or a public water
   35  system as defined in s. 403.852(2).
   36         (c) The threat to the public health and the environment
   37  from the operation of water and wastewater treatment plants and
   38  water distribution systems mandates that qualified personnel
   39  operate these facilities.
   40         (2) It is the legislative intent of the Legislature that
   41  any person who performs the duties of an operator and who falls
   42  below minimum competency or who otherwise presents a danger to
   43  the public be prohibited from operating a plant or system in
   44  this state.
   45         Section 2. Section 403.867, Florida Statutes, is amended to
   46  read:
   47         403.867 License required.—A person may not perform the
   48  duties of an operator of a water treatment plant, water
   49  distribution system, or a domestic wastewater treatment plant
   50  unless he or she holds an active and valid operator a current
   51  operator’s license issued by the department under s. 403.872 or
   52  s. 403.8721.
   53         Section 3. Section 403.8721, Florida Statutes, is created
   54  to read:
   55         403.8721Requirements for licensure by reciprocity.—
   56         (1)The department shall issue a license by reciprocity to
   57  any applicant who, at a minimum, meets all of the following
   58  requirements:
   59         (a)Is a water treatment plant operator, water distribution
   60  system operator, or domestic wastewater treatment plant operator
   61  and holds an active and valid license from another state, the
   62  Federal Government, a territory or tribal government that has
   63  been designated as the primary agency by the United States
   64  Environmental Protection Agency, or any unit thereof for which
   65  the licensure requirements, including education and operational
   66  experience, are comparable to or exceed the licensure
   67  requirements of s. 403.872.
   68         (b)Has passed a licensure examination comparable to the
   69  licensure examination of the department, subject to approval by
   70  the department.
   71         (c)Is not the subject of a disciplinary or enforcement
   72  action outside this state at the time of application for
   73  reciprocal licensure.
   74         (d)Submits a completed application for reciprocal
   75  licensure and any required supporting documentation.
   76         (e)Remits the application fee.
   77         (2)The department shall issue a license by reciprocity to
   78  any applicant who has performed duties comparable to a water
   79  treatment plant operator, water distribution system operator, or
   80  domestic wastewater treatment plant operator while serving in
   81  the United States Armed Forces for which the requirements for
   82  performing the duties, including education and operational
   83  experience, are comparable to or exceed the licensure
   84  requirements of s. 403.872.
   85         (a)Any person applying for a license by reciprocity under
   86  this subsection must, at a minimum, meet all of the following
   87  requirements:
   88         1.Has passed a skill assessment or competency examination
   89  comparable to the licensure examination of the department,
   90  subject to approval by the department.
   91         2.Is not the subject of a disciplinary or enforcement
   92  action at the time of application for reciprocal licensure.
   93         3.Submits a completed application for reciprocal licensure
   94  and any required supporting documentation.
   95         4.Remits the application fee.
   96         (b)If an applicant does not meet the requirements for
   97  licensure under subparagraphs (a)1. and 2., the department must
   98  award education and operational experience credits for licensure
   99  under s. 403.872.
  100         (3)During a state of emergency declared pursuant to s.
  101  252.36, the department:
  102         (a)May issue a temporary water treatment plant operator
  103  license, water distribution system operator license, or domestic
  104  wastewater treatment plant operator license by reciprocity to
  105  any applicant who meets the requirements of subsection (1) or
  106  subsection (2).
  107         (b)Shall waive the application fee for a temporary
  108  operator license under this subsection.
  109         (4)The department shall adopt rules to implement this
  110  section.
  111         Section 4. This act shall take effect July 1, 2023.