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Florida Statutes, Title XXIX

Florida/Statutes

← All Florida coverage

Title XXIX, Public Health

23 chapters · 1,503 sections in this title.

All chapters in Title XXIX1,503 Ch 403, Environmental Control335 Ch 400, Nursing Homes and Related Health Car…178 Ch 381, Public Health: General Provisions160 Ch 394, Mental Health126 Ch 397, Substance Abuse Services81 Ch 395, Hospital Licensing and Regulation79 Ch 408, Health Care Administration76 Ch 402, Health and Human Services: Miscellan…75 Ch 383, Maternal and Infant Health Care59 Ch 401, Medical Telecommunications and Trans…53 Ch 388, Mosquito Control39 Ch 393, Developmental Disabilities36 Ch 406, Medical Examiners; Disposition of Hu…30 Ch 382, Vital Statistics28

335 sections·Filtered byTitle XXIX✕Ch 403✕

Fla. Stat. § 403.011 Short title
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This act shall be known and cited as the “Florida Air and Water Pollution Control Act.”History.—s. 2, ch. 67-436.
Fla. Stat. § 403.021 Legislative declaration; public policy
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(1) The pollution of the air and waters of this state constitutes a menace to public health and welfare; creates public nuisances; is harmful to wildlife and fish and other aquatic life; and impairs domestic, agricultural, industrial, recreational, and other beneficial uses of ai…
Fla. Stat. § 403.031 Definitions
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In construing this chapter, or rules and regulations adopted pursuant hereto, the following words, phrases, or terms, unless the context otherwise indicates, have the following meanings:(1) “Contaminant” is any substance which is harmful to plant, animal, or human life.(2) “Depar…
Fla. Stat. § 403.051 Meetings; hearings and procedure
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(1) The department shall cause a transcript of the proceedings at all meetings to be made.(2)(a) Any department planning, permitting, design, construction, modification, or operating standards, criteria, and requirements for treatment works, disposal systems, and sewerage systems…

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Fla. Stat. § 403.061 Department; powers and duties

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The department shall have the power and the duty to control and prohibit pollution of air and water in accordance with the law and rules adopted and promulgated by it and, for this purpose, to:(1) Approve and promulgate current and long-range plans developed to provide for air an…

Fla. Stat. § 403.0611 Alternative methods of regulatory permitting; department duties

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The Department of Environmental Protection is directed to explore alternatives to traditional methods of regulatory permitting, provided that such alternative methods will not allow a material increase in pollution emissions or discharges. Working with industry, business associat…

Fla. Stat. § 403.0615 Water resources restoration and preservation

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(1) This section may be cited as the “Water Resources Restoration and Preservation Act.”(2) Subject to specific legislative appropriation, the department shall establish a program to assist in the restoration and preservation of bodies of water and to enhance existing public acce…

Fla. Stat. § 403.0616 Real-time water quality monitoring program

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(1) Subject to appropriation, the department shall establish a real-time water quality monitoring program to assist in the restoration, preservation, and enhancement of impaired water bodies and coastal resources.(2) In order to expedite the creation and implementation of the pro…

Fla. Stat. § 403.0617 Innovative nutrient and sediment reduction and conservation pilot project program

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(1) Contingent upon a specific appropriation in the General Appropriation Act, the department may fund innovative nutrient and sediment reduction and conservation pilot projects selected pursuant to this section. These pilot projects are intended to test the effectiveness of inno…

Fla. Stat. § 403.062 Pollution control; underground, surface, and coastal waters

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The department and its agents shall have general control and supervision over underground water, lakes, rivers, streams, canals, ditches, and coastal waters under the jurisdiction of the state insofar as their pollution may affect the public health or impair the interest of the p…

Fla. Stat. § 403.0623 Environmental data; quality assurance

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(1) The department must establish, by rule, appropriate quality assurance requirements for environmental data submitted to the department and the criteria by which environmental data may be rejected by the department. The department may adopt and enforce rules to establish data q…

Fla. Stat. § 403.0625 Environmental laboratory certification; water quality tests conducted by a certified laboratory

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(1) To assure the acceptable quality, reliability, and validity of testing results, the department and the Department of Health shall jointly establish criteria for certification of laboratories that perform analyses of environmental samples that are not covered by the provisions…

Fla. Stat. § 403.063 Groundwater quality monitoring

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(1) The department, in cooperation with other state and federal agencies, water management districts, and local governments, shall establish a groundwater quality monitoring network designed to detect or predict contamination of the groundwater resources of the state.(2) The depa…

Fla. Stat. § 403.064 Reuse of reclaimed water

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(1) The encouragement and promotion of water conservation, and reuse of reclaimed water, as defined by the department, are state objectives and are considered to be in the public interest. The Legislature finds that the reuse of reclaimed water is a critical component of meeting …

Fla. Stat. § 403.0643 Applicability of rules when reclaimed water is injected into specified receiving groundwater

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To further promote the reuse of reclaimed water for irrigation purposes, the rules that apply when reclaimed water is injected into a receiving groundwater that has 1,000 to 3,000 mg/L total dissolved solids are applicable to reclaimed water aquifer storage and recovery wells inj…

Fla. Stat. § 403.0645 Reclaimed water use at state facilities

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(1) The encouragement and promotion of reuse of reclaimed water has been established as a state objective in ss. 373.250 and 403.064. Reuse has become an integral part of water and wastewater management in Florida, and Florida is recognized as a national leader in water reuse.(2)…

Fla. Stat. § 403.067 Establishment and implementation of total maximum daily loads

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(1) LEGISLATIVE FINDINGS AND INTENT.—In furtherance of public policy established in s. 403.021, the Legislature declares that the waters of the state are among its most basic resources and that the development of a total maximum daily load program for state waters as required by …

Fla. Stat. § 403.0671 Basin management action plan wastewater reports

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(1) By July 1, 2021, the department, in coordination with the county health departments, wastewater treatment facilities, and other governmental entities, shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives evaluatin…

Fla. Stat. § 403.0673 Water quality improvement grant program

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A grant program is established within the Department of Environmental Protection to address wastewater, stormwater, and agricultural sources of nutrient loading to surface water or groundwater.(1) The purpose of the grant program is to fund projects that will improve the quality …

Fla. Stat. § 403.0674 Biosolids grant program

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A biosolids grant program is established within the department.(1) Subject to the appropriation of funds by the Legislature, the department may provide grants to counties, special districts, and municipalities in this state to support projects that:(a) Evaluate and implement inno…

Fla. Stat. § 403.0675 Progress reports

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On or before July 1 of each year, beginning in 2018:(1) The department, in conjunction with the water management districts, shall post on its website and submit electronically an annual progress report to the Governor, the President of the Senate, and the Speaker of the House of …

Fla. Stat. § 403.072 Pollution Prevention Act

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Sections 403.072-403.074 may be cited as the “Pollution Prevention Act.”History.—s. 25, ch. 91-305.

Fla. Stat. § 403.073 Pollution prevention; state goal; agency programs; public education

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(1) It is a goal of the state that all its agencies, the State University System, community colleges, and all municipalities, counties, regional agencies, and special districts develop and implement strategies to prevent pollution, including public information programs and educat…

Fla. Stat. § 403.074 Technical assistance by the department

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(1) To help develop effective programs to eliminate or reduce the use of materials that are toxic to humans, plants, or animals and to prevent pollution at its source, the department shall implement and administer a program of technical assistance in pollution prevention to busin…

Fla. Stat. § 403.0741 Grease waste removal and disposal

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(1) DEFINITIONS.—As used in this section, the term:(a) “Disposal facility” means a permitted or certified waste management facility that is authorized to receive grease waste.(b) “Graywater” means kitchen sink wastewater.(c) “Grease interceptor or grease trap” means a receptacle …

Fla. Stat. § 403.075 Legislative findings

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In addition to the declarations contained in s. 403.021, the Legislature finds that:(1) Ecosystem management is a concept that includes coordinating the planning activities of state and other governmental units, land management, environmental permitting and regulatory programs, a…

Fla. Stat. § 403.0752 Ecosystem management agreements

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(1) Upon the request of an applicant, the secretary of the department is authorized to enter into an ecosystem management agreement regarding any environmental impacts with regulated entities to better coordinate the legal requirements and timelines applicable to a regulated acti…

Fla. Stat. § 403.076 Short title

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Sections 403.076-403.078 may be cited as the “Public Notice of Pollution Act.”History.—s. 1, ch. 2017-95.

Fla. Stat. § 403.077 Public notification of pollution

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(1) DEFINITION.—As used in this section, the term “reportable pollution release” means the release or discharge of a substance from an installation to the air, land, or waters of the state which is discovered by the owner or operator of the installation, which is not authorized b…

Fla. Stat. § 403.078 Effect on other law

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The Public Notice of Pollution Act does not alter or affect the emergency management responsibilities of the Governor, the Division of Emergency Management, or the governing body of any political subdivision of the state pursuant to chapter 252.History.—s. 3, ch. 2017-95.

Fla. Stat. § 403.081 Performance by other state agencies

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All state agencies, including the Department of Health, shall be available to the department to perform, at its direction, the duties required of the department under this act.History.—s. 9, ch. 67-436; ss. 19, 26, 35, ch. 69-106; s. 269, ch. 77-147; s. 359, ch. 94-356; s. 156, c…

Fla. Stat. § 403.085 Sanitary sewage disposal units; advanced and secondary waste treatment; industrial waste treatment

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(1) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any disposal well for sanitary sewage disposal which does not provide for secondary waste treatment and, in addition thereto, advanced waste tr…

Fla. Stat. § 403.0855 Biosolids management

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1(1) The Legislature finds that it is in the best interest of this state to regulate biosolids management in order to minimize the migration of nutrients that impair water bodies. The Legislature further finds that permitting according to site-specific application conditions, an …

Fla. Stat. § 403.086 Sewage disposal facilities; advanced and secondary waste treatment

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(1)(a) The Department of Health or any other state agency, county, special district, or municipality may not approve construction of any sewage disposal facilities which do not provide for secondary waste treatment and advanced waste treatment as deemed necessary and ordered by t…

Fla. Stat. § 403.08601 Leah Schad Memorial Ocean Outfall Program

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The Legislature declares that as funds become available the state may assist the local governments and agencies responsible for implementing the Leah Schad Memorial Ocean Outfall Program pursuant to s. 403.086(10). Funds received from other sources provided for in law, the Genera…

Fla. Stat. § 403.0862 Discharge of waste from state groundwater cleanup operations to publicly owned treatment works

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(1) Upon agreement between a local governmental agency and the department, treated waste resulting from the department’s cleanup or restoration of contaminated groundwater may be discharged to a publicly owned treatment works under the jurisdiction of the local governmental agenc…

Fla. Stat. § 403.087 Permits; general issuance; denial; revocation; prohibition; penalty

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(1) A stationary installation that is reasonably expected to be a source of air or water pollution must not be operated, maintained, constructed, expanded, or modified without an appropriate and currently valid permit issued by the department, unless exempted by department rule. …

Fla. Stat. § 403.0871 Florida Permit Fee Trust Fund

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There is established within the department a nonlapsing trust fund to be known as the “Florida Permit Fee Trust Fund.” All funds received from applicants for permits pursuant to ss. 161.041, 161.053, 161.0535, 403.087(7), and 403.861(7)(a) shall be deposited in the Florida Permit…

Fla. Stat. § 403.0872 Operation permits for major sources of air pollution; annual operation license fee

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Provided that program approval pursuant to 42 U.S.C. s. 7661a has been received from the United States Environmental Protection Agency, beginning January 2, 1995, each major source of air pollution, including electrical power plants certified under s. 403.511, must obtain from th…

Fla. Stat. § 403.0873 Florida Air-Operation License Fee Account

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The “Florida Air-Operation License Fee Account” is established as a nonlapsing account within the Department of Environmental Protection’s Air Pollution Control Trust Fund. All license fees paid pursuant to s. 403.0872(11) shall be deposited in such account and must be used solel…

Fla. Stat. § 403.08735 Air emissions trading

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(1) GENERIC AIR EMISSIONS BUBBLE RULE.—The department shall promulgate by July 1, 1996, a generic air emissions bubble rule to the fullest extent consistent with federal law that includes all elements necessary to obtain approval from the United States Environmental Protection Ag…

Fla. Stat. § 403.0874 Air Pollution Control Trust Fund

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(1) The Air Pollution Control Trust Fund is established in and administered by the Department of Environmental Protection.(2) Funds to be credited to and uses of the trust fund shall be administered in accordance with ss. 320.03, 376.60, 403.0872, and 403.0873.(3) Notwithstanding…

Fla. Stat. § 403.0875 Citation of rule

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In addition to any other provisions within this part or any rules promulgated hereunder, the permitting agency shall, when requesting information for a permit application pursuant to this part or such rules promulgated hereunder, cite a specific rule. If a request for information…

Fla. Stat. § 403.0876 Permits; processing

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(1) Within 30 days after receipt of an application for a permit under this chapter, the department shall review the application and shall request submittal of all additional information the department is permitted by law to require. If the applicant believes any departmental requ…

Fla. Stat. § 403.0877 Certification by professionals regulated by the Department of Business and Professional Regulation

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(1) Nothing in this section shall be construed as specific authority for a water management district or the department to require certification by a professional engineer licensed under chapter 471, a professional landscape architect licensed under part II of chapter 481, a profe…

Fla. Stat. § 403.088 Water pollution operation permits; conditions

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(1) Without the written authorization of the department, a person may not discharge any waste into the waters of the state which, by itself or in combination with the wastes of other sources, reduces the quality of the receiving waters below the classification established for suc…

Fla. Stat. § 403.0881 Wastewater or reuse or disposal systems or water treatment works; construction permits

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The department may issue construction permits under s. 403.087 for wastewater systems, treatment works, or reuse or disposal systems based upon review of a preliminary design report, application forms, and other required information, all of which shall be formulated by department…

Fla. Stat. § 403.0882 Discharge of demineralization concentrate

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(1) The Legislature finds and declares that it is in the public interest to conserve and protect water resources, provide adequate water supplies and provide for natural systems, and promote brackish water demineralization as an alternative to withdrawals of freshwater groundwate…

Fla. Stat. § 403.0885 Establishment of federally approved state National Pollutant Discharge Elimination System (NPDES) Program

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(1) The Legislature finds and declares that it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into waters of the state and eliminate duplication of permitting programs by the United States Environmental Protection Agency und…

Fla. Stat. § 403.08852 Clarification of requirements under rule 62-302.520(2), F.A.C

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For purposes of rule 62-302.520(2), Florida Administrative Code, new sources of heated water discharges shall include an expansion, modification, alteration, replacement, or repair of an existing source only if that charge increases the potential thermal loading to surface waters…