ENROLLED 2023 Legislature CS for CS for CS for SB 162 2023162er 1 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 thelegislativeintent 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, oradomestic wastewater treatment plant 50 unless he or she holds an active and valid operatora current51operator’slicense 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.