Florida Senate - 2023 CS for CS for CS for SB 162
By the Committees on Fiscal Policy; Regulated Industries; and
Environment and Natural Resources; and Senator Collins
594-03820-23 2023162c3
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 “water and wastewater facility personnel”; amending s.
6 403.867, F.S.; conforming a provision to changes made
7 by the act; creating s. 403.8721, F.S.; requiring the
8 Department of Environmental Protection to issue water
9 treatment plant operator licenses, water distribution
10 system operator licenses, and domestic wastewater
11 treatment plant operator licenses by reciprocity to
12 certain applicants; providing licensure requirements;
13 authorizing the department to issue temporary operator
14 licenses during a declared state of emergency;
15 requiring the department to waive the application fee
16 for temporary operator licenses; requiring the
17 department to adopt rules; providing an effective
18 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) Water and wastewater facility personnel are essential
30 first responders. As used in this section, the term “water and
31 wastewater facility personnel” means any employee of a
32 governmental authority as defined in s. 367.021; a utility as
33 defined in s. 367.021; a state, municipal, or county sewerage
34 system as defined in s. 403.031(9); or a public water system as
35 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:
55 403.8721 Requirements 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. Have 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. Not have been the subject of a disciplinary or
92 enforcement action at the time of application for reciprocal
93 licensure.
94 3. Submit a completed application for reciprocal licensure
95 and any required supporting documentation.
96 4. Remit the application fee.
97 (b) If an applicant does not meet the requirements for
98 licensure under subparagraphs (a)1. and 2., the department must
99 award education and operational experience credits for licensure
100 under s. 403.872.
101 (3) During a state of emergency declared pursuant to s.
102 252.36, the department:
103 (a) May issue a temporary water treatment plant operator
104 license, water distribution system operator license, or domestic
105 wastewater treatment plant operator license by reciprocity to
106 any applicant who meets the requirements of subsection (1) or
107 subsection (2).
108 (b) Shall waive the application fee for a temporary
109 operator license under this subsection.
110 (4) The department shall adopt rules to implement this
111 section.
112 Section 4. This act shall take effect July 1, 2023.