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 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.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.