F.S. 1983 MEDICAL TELECOMMUNICATIONS AND ......F.S. 1983 MEDICAL TELECOMMUNICATIONS AND...

F.S. 1983 MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION Ch. 401

the Division of Communications is authorized to apply for and accept federal funding assistance in the development and implementation of a statewide emergency medical telecommunications system.

His tory.- s. 6, ch. 73-254.

PART II

EMERGENCY MEDICAL SERVICES GRANTS

401.101 401.104 401.107 401.111

401.113 401.117 401.121

Short title. Legislative intent. Definitions. Emergency medical services grant pro-

gram; authority. Department; powers and duties. Grant agreements; conditions. Rules and regulations.

401.101 Short title.-This part shall be known and may be cited as the "Florida Emergency Medical Services Grant Act of 1973."

History.- s. I, ch. 73-262.

401.104 Legislative intent.- It is the legislative intent that emergency medical services are essential to the health and well-being of all citizens and that private and public expenditures for adequate emergency medical services represent a constructive and essential investment in the future of the state and our democratic society. A major impediment to the provision of adequate and economic emergency medical services to all citizens is the inability of governmental and private agencies within a service area to respond cooperatively in order to finance the systematic provision of such services. This grant program is established to encourage and assist such cooperative efforts.

History.- s. 2, ch. 73-262.

401.107 Definitions.-As used in this part, unless the context clearly requires otherwise:

(1) "Department" means the Department of Health and Rehabilitative Services.

(2) "Local agency" means the board of county commissioners of the various counties in the state.

(3) "Emergency medical services" means the provision of medical care and transportation to sick, injured, or otherwise incapacitated persons on the streets, highways, waterways, or airways of this state.

History.- s. 3, ch. 73-262; s. 245, ch. 77-147.

401.111 Emergency medical services grant program; authority.- The Department of Health and Rehabilitative Services is hereby authorized to make grants to local agencies in accordance with any agreement entered into pursuant to this part. These grants shall be designed to assist said agencies in providing emergency medical services. The cost of administering this program shall be paid by the department from funds appropriated to it.

History.- s. 4, ch. 73-262; s. 246, ch. 77-147.

401.113 Department; powers and duties. -Grants made under the provisions of this part shall be contingent upon the local agency providing a sum

equal to the grant amount. In addition, grants shall be disbursed in accordance with the conditions set forth in s. 401.117 and under such terms and subject to such conditions as the department may establish. The appropriation for this grant program shall be divided into two parts with 60 percent of the available appropriation used to fund applications from local agencies in counties with less than 50,000 residents while the remaining 40 percent shall be used to fund applications from local agencies in counties with more than 50,000 residents . An application from more than one local agency for a joint program shall qualify the applicants to receive funds from their category individually or from the population category of their combined resident population. Resident population shall be determined by the latest official state estimate prepared pursuant to s. 23.019. If, after 9 months of any fiscal year, the applications in either category do not equal or exceed the amount of money allocated to that category, the remainder of the funds may be applied for by any applicant.

History.-s. 5, ch. 73-262; s. I, ch. 77- 174. cf. - s. 11.031 Official census.

401.117 Grant agreements; conditions.- The Department of Health and Rehabilitative Services shall use the following guidelines in developing the procedures for grant disbursement:

(1) The need for emergency medical services and the requirements of the population to be served.

(2) All emergency vehicles and attendants must conform to state standards established by law or regulation of the department.

(3) All vehicles shall contain minimum equipment and supplies as required by law or regulation of the department.

(4) All vehicles shall have at a minimum a direct communications linkup with the operating base and hospital designated as the primary receiving facility.

(5) Emphasis shall be accorded to applications that contain one or more of the following provisions:

(a) Services provided on a county, multicounty, or areawide basis.

(b) A single provider, or a coordinated provider, method of delivering services.

(c) Coordination of all communication links, including police, fire, emergency vehicles, and other related services.

History.-s. 6, ch. 73-262; s. 247, ch. 77-147.

401.121 Rules and regulations.-The department is authorized to make rules and regulations necessary to carry out the purposes of this part, including funds and assistance to nonprofit volunteer ambulance organizations desiring to comply with the Florida Emergency Medical Services Act of 1973.

History.-s. 7, ch. 73-262.

PART III

MEDICAL TRANSPORTATION SERVICES

401.21 401.211 401.23 401.24

Short title. Legislative intent. Definitions. Emergency and nonemergency medical ser

vices state plan.

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Ch.401 MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION F.S. 1983

401.245

401.25

401.252 401.255

401.26

401.265 401.27 401.281 401.30 401.31 401.33 401.34 401.35 401.38 401.41 401.411 401.413 401.421 401.43

401.44 401.45

401.48 401.481

Emergency and Nonemergency Medical Services Advisory Council.

Licensure as a basic life support or an advanced life support ground service.

lnterhospital transfer. Licensure as a nonemergency medical

transportation service. Vehicle permits for basic life support ser

vices, advanced life support services, and non~mergency medical transportation services.

Medical directors. Personnel; standards and certification. Ambulance drivers. Records. Inspection and examination. Exemptions. Fees. Rules. Participation in federal programs. Penalties. Disciplinary action. Administrative fines. Injunctive relief. Fraudulently obtaining services from

emergency medical services vehicle licensee.

Turning in a false alarm. Denial of emergency treatment; civil liabil

ity. Air ambulance service; licensure. Inspection of air ambulance operations.

1401.21 Short title.-Sections 401.21-401.44 may be cited as the "Florida Emergency and Nonemergency Medical Services Act."

History.-s. 1, ch. 73-126; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 3, 10, ch. 79-280; ss. 2, 3, ch. 81-318; ss. 2, 24, 25, ch. 82-402; s. 13, ch. 83-196.

'Note.-Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October 1, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

1401.211 Legislative intent.-Because emergency and nonemergency medical transportation services represent a constructive and essential investment in the state, it is the intent of the Legislature to provide for emergency and nonemergency medical transportation services that are essential to the health and well-being of all citizens of the state. It is also the intent of the Legislature that the Department of Health and Rehabilitative Services contract with the Department of Professional Regulation for investigation, examination, licensing, technical assistance, and related support services. The purpose of this act is to protect and enhance the public health, welfare, and safety through the provision and overseeing of such services in a positive manner.

History.-ss. 3, 25, ch. 82-402; ss. 1, 13, ch. 83-196. 'Note.-Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and s. 13, ch.

83-196, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1401.23 Definitions.-As used in this act, the term:

(1) "Advanced life support" means treatment of life-threatening medical emergencies through the use of techniques, such as endotracheal intubation, the administration of drugs or intravenous fluids, teleme-

try, cardiac monitoring, and cardiac defibrillation, by a qualified person, pursuant to rules of the department.

(2) "Advanced life support service" means any emergency medical transport or nontransport service which uses advanced life support techniques.

(3) "Advanced life support service/fire rescue" means any fire department which provides advanced life support services, but which does not routinely transport those persons receiving such services.

(4) "Advanced life support service license" means any authorization to provide advanced life support services pursuant to the provisions of this act.

(5) "Air ambulance" means any fixed-winged or rotary-winged aircraft used for, or intended to be used for, air transportation of sick or injured persons who may need medical attention during transport.

(6) "Air ambulance service" means any publicly or privately owned service, licensed in accordance with the provisions of this part, which operates air ambulances to transport persons requiring or likely to require medical attention during transport.

(7) "Ambulance" or "emergency medical services vehicle" means any privately or publicly owned land or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and is used for, or intended to be used for, land or water transportation of sick or injured persons who are in need of emergency medical attention during transport and who must be transported on a stretcher.

(8) "Ambulance driver" means any person who meets the requirements of s. 401.281.

(9) "Basic life support" means treatment of life-threatening medical emergencies by a qualified person through the use of techniques such as patient assessment, basic cardiopulmonary resuscitation, splinting, obstetrical assistance, bandaging, administration of oxygen, application of medical antishock trousers, and other techniques described in the Emergency Medical Technician Basic Training Course Curriculum of the United States Department of Transportation. "Basic life support" also includes esophageal intubation if the emergency medical technician performing the intubation has been trained in the skill of esophageal intubation and is performing the intubation under the medical direction of a licensed physician. The monitoring and maintenance of an intravenous fluid may be performed by a certified emergency medical technician if such person is trained in these skills and performs them under the direction of a licensed physician.

(10) "Basic life support service license" means the authorization to provide basic life support pursuant to the provisions of this act.

(11) "Certification" means any authorization issued pursuant to the provisions of this act to a person to act as an emergency medical technician or a paramedic.

(12) "Department" means the Department of Health and Rehabilitative Services.

(13) "Emergency medical technician (EMT)" means any person who is trained in basic life support and who is certified by the department to perform such procedures in emergency situations.

(14) "lnterhospital transfer" means the transpor-

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tation by ambulance of a patient between two facilities licensed under chapter 395 or chapter 400, pursuant to this act.

(15) "Medical direction" means direct supervision by a physician through two-way voice communication or, when such voice communication is unavailable, through established standing orders, pursuant to rules of the department.

(16) "Medical director" means a licensed physician, employed or contracted by an air ambulance or advanced life support service, who provides medical supervision, not including administrative and managerial functions, for daily operations and training pursuant to the provisions of this act.

(17) "Mutual aid agreement" means a written agreement between two or more entities whereby the signing parties agree to lend aid to one another under conditions specified in the agreement and as sanctioned by the governing bodies of the respective counties.

(18) "Nonemergency medical transportation service" means any privately or publicly owned service employing a land, air, or water vehicle that is designed, constructed, reconstructed, maintained, equipped, or operated for, and which is used for, or intended to be used for, air, land, or water transportation of persons who are confined to wheelchairs or stretchers and whose conditions are such that they do not need and are not likely to need immediate medical attention during transport.

(19) "Paramedic" means a person who is certified by the department to perform basic and advanced life support, pursuant to the provisions of this act.

(20) "Permit" means any authorization issued pursuant to the provisions of this act for a vehicle to be operated as a transport or nontransport vehicle providing basic or advanced life support or as a nonemergency medical transportation vehicle.

(21) "Physician" means a practitioner who is licensed under the provisions of chapter 458 or chapter 459.

(22) "Registered nurse" means a practitioner who is licensed to practice professional nursing pursuant to the provisions of chapter 464.

(23) "Secretary" means the Secretary of Health and Rehabilitative Services.

History.-s. 3, ch. 73-126; s. 3, ch. 76-168; s. 248, ch. 77-147; s. I , ch. 77-347; s. I , ch. 77-457; ss. I, 4, 10, ch. 79-280; s. 257, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 4, 24, 25, ch. 82-402; ss. 2, 12, 13, ch. 83-196.

'Note.- Expires (except for subsections (II), (13) , and (19)) October I, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Expires October I, 1992, pursuant to s. 13, ch. 83-196, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'401.24 Emergency and nonemergency medical services state plan.-The department is responsible for the improvement and regulation of basic and advanced life support programs and nonemergency medical transportation services. In addition to the duties otherwise imposed by this act, the department shall develop no later than October 1, 1983, and periodically revise a comprehensive state plan for basic and advanced life support services and nonemergency medical transportation services. The state plan shall include, but need not be limited to:

(1) Emergency and nonemergency medical systems planning, including the prehospital and hospital phases of patient care, and unification of such ser-

vices into a total delivery system to include air, water, and land services;

(2) Requirements for the operation and coordination of ambulances; nonemergency medical transportation vehicles; advanced life support vehicles, equipment, and supplies; communications; personnel; training; and other medical care components;

(3) The definition of areas of responsibility for regulating and planning the ongoing and developing delivery service requirements; and

(4) A description of the contractual relationships between the Department of Health and Rehabilitative Services and the Department of Professional Regulation regarding general administration of the department's regulatory responsibilities under this act.

History.-s. 4, ch. 73-126; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 5, 10, ch. 79-280; ss. 2, 3, ch. 81-318; ss. 5, 24, 25, ch. 82-402; ss. 3, 13, ch. 83-196.

'Note.- Expires October I, 1992, pursuant to s. 25, ch. 82-402, and s. 13, ch. 83-196, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'401.245 Emergency and Nonemergency Medical Services Advisory Council.-

(1) The provisions of s. 20.19(3)(b)3. notwithstanding, the secretary of the Department of Health and Rehabilitative Services may appoint an advisory council for the purpose of acting as the advisory body to the emergency medical services program. No more than 15 members may be appointed to this council. Initially, the secretary shall appoint one-half of the members for terms of 1 year each. Thereafter, members shall be appointed for 2-year terms. The chairman of the council shall be designated by the secretary and shall serve for a term of 1 year. Vacancies shall be filled for the remainder of unexpired terms in the same manner as the original appointment. Members shall receive no compensation, nor shall they be reimbursed for per diem and travel expenses.

(2) Representation on the Emergency and Nonemergency Medical Services Advisory Council shall include: two licensed physicians who are "medical directors" as defined in s. 401.23(16) or whose medical practice is closely related to emergency medical services; two emergency medical service administrators, one of whom is employed by a fire service; two certified paramedics, one of whom is employed by a fire service; two certified emergency medical technicians, one of whom is employed by a fire service; one emergency medical services educator; one emergency nurse; one hospital administrator; one representative of air ambulance services; one representative of nonemergency medical transportation services; and two laypersons who are in no way connected with emergency medical services, one of whom is a representative of the elderly. Ex officio members of the advisory council from state agencies shall include, but shall not be limited to, representatives from the Department of Education, the Department of General Services, the Department of Insurance, the Department of Community Affairs, and the Department of Professional Regulation.

(3) The secretary shall remove from office any Emergency and Nonemergency Medical Services Advisory Council member for malfeasance; misfeasance; neglect of duty; incompetence; permanent inability to perform official duties; or pleading guilty or nolo contendere to, or being found guilty of, a felony.

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(4) The Emergency and Nonemergency Medical Services Advisory Council shall meet no more often than four times annually. The council shall hold meetings at the call of the chairman, upon the written request of five members of the council, or at the call of the staff director of the emergency medical services program office. A majority of the members of the council shall constitute a quorum. Minutes shall be recorded for all meetings of the council and shall be maintained on file in the emergency medical services program office.

(5) No later than December 1 of each year preceding a legislative session in which a biennial budget will be adopted, the department shall present a summary report to the President of the Senate and the Speaker of the House of Representatives documenting compliance with the act and accomplishments and expenditures of the Emergency and Nonemergency Medical Services Advisory Council.

(6) The Department of Health and Rehabilitative Services shall adopt rules to implement this section, which rules shall serve as formal operating procedures for the Emergency and Nonemergency Medical Services Advisory Council.

History.-ss. 4, 13, ch. 83-196. 'Note.-Expires October 1, 1992, pursuant to s. 13, ch. 83-196, and is sched

uled for review pursuant to s. 11.61 in advance of that date.

1401.25 Licensure as a basic life support or an advanced life support ground service.-

(1) Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting persons who are sick, injured, handicapped, or otherwise incapacitated on the streets or highways of this state shall be licensed as a basic life support service or an advanced life support service, whichever is applicable, before offering such service to the public. The application for such license shall be submitted to the department on forms provided for this purpose. The application shall provide documentation that the licensee meets the appropriate requirements for a basic life support service or an advanced life support service, whichever is applicable, as specified by rule of the department.

(2) The department shall issue, within 60 days of the filing of the application, a license for operation to any applicant who complies with the following requirements:

(a) The applicant has paid the fees required by s. 401.34.

(b) The ambulances, equipment, vehicles, personnel, communications systems, staffing patterns, and services of the applicant meet the requirements of this act, including the appropriate rules for either a basic life support service or an advanced life support service, whichever is applicable.

(c) The applicant has furnished evidence of adequate insurance coverage for claims arising out of injury to or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. The applicant shall provide insurance in such sums and under such terms as required by the department.

In lieu of such insurance, the applicant may furnish a certificate of self-insurance evidencing that the applicant has established an adequate self-insurance plan to cover such risks and that the plan has been approved by the Department of Insurance.

(d) The applicant has obtained a certificate of public convenience and necessity from the governing body of each county in which the applicant will operate, except that a wheelchair transportation service company the vehicles of which operate under nonemergency conditions is exempt from this requirement. In issuing the certificate of public convenience and necessity, the governing body of each county shall consider the recommendations of municipalities within its jurisdiction.

(3) The department is authorized to suspend or revoke a license at any time if it determines that the licensee has failed to maintain compliance with the requirements prescribed for operating a basic or advanced life support service.

(4) Each license issued in accordance with the provisions of this act shall expire automatically 2 years after the date of issuance.

(5) The requirements for renewal of any license issued under the provisions of this act shall be the same as the requirements for original licensure that are in effect at the time of renewal.

(6) The governing body of each county is authorized to adopt ordinances providing reasonable standards for certificates of public convenience and necessity for basic or advanced life support services. In developing reasonable standards for certificates of public convenience and necessity, the governing body of each county shall consider the recommendations of municipalities within its jurisdiction.

History.- ss. 5, 16, ch. 73-126; s. 3, ch. 76-168; s. 249, ch. 77-147; s. 1, ch. 77-457; s. 19, ch. 78-95; ss. 6, 10, ch. 79-280; ss. 2, 3, ch. 81-318; ss. 6, 24, 25, ch. 82-402; ss. 5, 13, ch. 83-196; s. 54, ch. 83-218.

'Note.-Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and s. 13, ch. 83-196, and is scheduled for review pursuant to s. 11.61 in advance of that date.

1401.252 lnterhospital transfer.-A licensed basic or advanced life support ambulance service may conduct interhospital transfers in a permitted ambulance, using a registered nurse in place of an emergency medical technician or paramedic, if:

(1) The registered nurse is currently certified in advanced cardiac life support;

(2) The physician in charge has granted permission for such a transfer, has designated the level of service required for such transfer, and has deemed the patient to be in such a condition appropriate to this type of ambulance staffing; and

(3) The registered nurse operates within the scope of chapter 464.

History.-ss. 7, 25, ch. 82-402; s. 13, ch. 83-196. 'Note.- Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is sched

uled for review pursuant to s. 11.61 in advance of that date. Repealed effective October 1, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

1401.255 Licensure as a nonemergency medical transportation service.-

(1) Every person, firm, corporation, association, or governmental entity owning or acting as agent for the owner of any business or service which furnishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the

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business or service of primarily transporting upon the streets, highways, waterways, or airways of this state persons who are confined to wheelchairs or stretchers and whose conditions are such that they do not need and are not likely to need immediate medical attention during transport shall be licensed by the department as a nonemergency medical transportation service, except when a county elects to regulate such services by enacting an ordinance which sets forth requirements meeting those specified herein. For purposes of this part, licensure as a nonemergency medical transportation service includes wheelchair and stretcher car service.

(2) Any person, firm, corporation, association, governmental entity, or other such organization seeking licensure as a nonemergency medical transportation service shall:

(a) Submit a completed application form to the department on forms prescribed by the department. The application shall include such information as specified by rule of the department.

(b) Submit the appropriate fee or fees , established as provided in s. 401.34.

(c) Provide documentation that vehicles and equipment are in good working order and meet requirements as specified by rule of the department.

(d) Provide proof of adequate insurance coverage for claims arising out of injury or death of persons and damage to the property of others resulting from any cause for which the owner of such business or service would be liable. Adequate insurance coverage shall be specified by rule of the department.

(e) Provide evidence that drivers are trained in the correct use of the special equipment required for wheelchair and stretcher transport as specified in s. 401.281.

(f) Provide evidence that nonemergency medical transportation vehicles are staffed by sufficient personnel to ensure safe loading and unloading of nonemergency patients.

(g) Provide proof that sanitation and maintenance standards, as specified by rule of the department, are met.

(h) Provide proof that all vehicles possess a valid vehicle permit as provided herein. To receive a valid vehicle permit, the applicant shall submit a completed application form for each vehicle for which a permit is desired, pay the appropriate fee as provided in s. 401.34, and meet the standards for nonemergency medical transportation vehicles as set forth by rule of the department. The department shall issue a vehicle permit for each vehicle inspected by the department and found in compliance with standards established through rules of the department. The vehicle permit is valid for a period of 2 years from the time of issuance.

(3) The department shall issue a license for operation of a nonemergency medical transportation service within 60 days of the filing of the application to any applicant complying with the requirements specified herein. Such license is valid for a period of 2 years from the date of issuance.

(4) In order to renew a license or vehicle permit for a nonemergency medical transportation service or vehicle, the applicant shall:

(a) Submit a renewal application to the department at least 30 days prior to the expiration of the license or permit.

(b) Submit the appropriate renewal fee as provided in s. 401.34.

(c) Provide documentation that current standards for issuance of a license or permit are met.

(5) Any county which elects to regulate nonemergency medical transportation services shall provide the department with a copy of the ordinance or the proposed ordinance, indicating the effective date or proposed effective date of the ordinance.

History.-ss. 8, 25, ch. 82-402; s. 13, ch. 83-196; s. 55, ch. 83-218. 'Note.- Expires October I , 1992, pursuant to s. 25, ch. 82-402, and is sched

uled for review pursuant to s. 11.61 in advance of that date. Repealed effective October I , 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

1401.26 Vehicle permits for basic life support services, advanced life support services, and nonemergency medical transportation services.-

(1) Every basic life support service, advanced life support service, and nonemergency medical transportation service licensed under the provisions of this act shall possess a valid permit for each transport vehicle and nontransport vehicle in use. Applications for such permits shall be made upon forms prescribed by the department. The licensee shall provide documentation that each vehicle for which a permit is sought meets the appropriate requirements for a basic life support service vehicle, advanced life support service vehicle, or nonemergency medical transportation service vehicle, whichever is applicable, as specified by rule of the department.

(2) To receive a valid vehicle permit, the applicant must submit a completed application form for each vehicle for which a permit is desired, pay the appropriate fees established as provided in s. 401.34, and provide documentation that each vehicle meets the following requirements as established by rule of the department:

(a) Each vehicle shall be furnished with essential medical supplies and equipment which is in good working order.

(b) Each vehicle shall meet appropriate standards for design and construction.

(c) Each vehicle shall be equipped with an appropriate communication system.

(d) Each vehicle shall meet appropriate safety standards.

(e) Each vehicle shall meet sanitation and maintenance standards.

(f) Each vehicle shall be insured for an appropriate sum against injuries to or the death of any person arising out of an accident.

(3) The department is authorized to suspend or revoke a permit if it determines that the transport or nontransport vehicle or its equipment fails to meet the requirements specified in this act or in the rules of the department.

(4) A permit issued in accordance with the provisions of this section shall expire automatically 2 years after the date of issuance.

(5) In order to renew a vehicle permit issued pursuant to the provisions of the act, the applicant shall:

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(a) Submit a renewal application to the department at least 30 days prior to the expiration of the license or permit.

(b) Submit the appropriate fee or fees, established as provided in s. 401.34.

(c) Provide documentation that current standards for issuance of a permit are met.

History.-s. 6, ch. 73-126; s. 3, ch. 76-168; s. 250, ch. 77-147; s. 1, ch. 77-457; s. 19, ch. 78-95; ss. 7, 10, ch. 79-280; ss. 2, 3, ch. 81-318; ss. 9, 24, 25, ch. 82-402; s. 13, ch. 83-196; s. 56, ch. 83-218.

'Note.- Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October I, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

1401.265 Medical directors.-(1) Any emergency medical services system which

employs or utilizes paramedics to perform advanced life support procedures shall employ, or contract with, a medical director who is a licensed physician; a corporation, association, or partnership composed of physicians; or physicians employed by any hospital which delivers in-hospital emergency medical services and which employs or contracts with physicians specifically for that purpose. Such a hospital, physician, corporation, association, or partnership shall designate one physician from that organization to be medical director, who shall supervise and assume direct responsibility for the medical performance of the emergency medical technicians and paramedics operating for that emergency medical services system. The medical director shall perform duties including advising, consulting, training, counseling, and overseeing of services, but not including administrative and managerial functions.

(2) Such responsibility shall include reporting to the Department of Health and Rehabilitative Services any emergency medical technician or paramedic deemed, in the opinion of the medical director, to be incompetent in the performance of his duties. Such a report of alleged incompetency shall include a statement of the specific acts of alleged incompetency. Within 7 days of receipt of such a report, the department shall provide the emergency medical technician or paramedic a copy of the report of alleged incompetency. If the department determines that the report of alleged incompetency is insufficient for disciplinary action against the emergency medical technician or paramedic pursuant to s. 401.411, the report shall be expunged from the record of the emergency medical technician or paramedic.

History.- ss. 6, 25, ch. 82-402; ss. 12, 13, ch. 83-196. 'Note.-Repealed effective October I , 1992, by s. 13, ch. 83-196, and sched


1401.27 Personnel; standards and certification.-

(1) Each permitted ambulance not specifically exempted from the provisions of this act, when transporting a person who is sick, injured, wounded, incapacitated, or helpless, shall be occupied by at least two persons, one of whom shall be a certified emergency medical technician, certified paramedic, or licensed physician and one of whom shall be a driver who meets the requirements for ambulance drivers. This subsection does not apply to:

(a) Inter hospital transfers governed by s. 401.252; or

(b) Nonemergency medical transportation ser-vices.

(2) The department shall establish by rule educational and training criteria and examinations for the certification and recertification of emergency medical technicians and paramedics. Such rules shall require, but need not be limited to:

(a) For emergency medical technicians, proficiency in the treatment of life-threatening medical emergencies through the use of such techniques as patient assessment, basic cardiopulmonary resuscitation, splinting, obstetrical assistance, bandaging, adminis-tration of oxygen, application of medical antishock trousers, and the performance of other necessary procedures for basic life support services.

(b) For paramedics, proficiency in providing cardiopulmonary resuscitation and defibrillation, cardiac monitoring, esophageal intubation, administration of drugs and intravenous fluids, and the performance of other necessary procedures for advanced life support services; however, advanced life support services shall be performed only under the responsible supervision of a licensed physician.

(3) Any person who desires to be certified or recertified as an emergency medical technician or paramedic shall apply to the department on forms provided by the department. The department shall determine whether the applicant meets the requirements specified in this section and in rules of the department and shall issue a certificate to any person who meets such requirements. ·

'(4) An applicant for certification or recertification as an emergency medical technician or paramedic shall:

(a) Have completed an appropriate training course as follows:

1. For emergency medical technicians, an emergency medical technician training course equivalent to the most recent emergency medical technician basic training course of the United States Department of Transportation as approved by the department;

2. For paramedics, a paramedic training program equivalent to the most recent paramedic course of the United States Department of Transportation as approved by the department;

(b) Certify under oath that he is not addicted to alcohol or any controlled substance;

(c) Certify under oath that he is free from any physical or mental defect or disease that might impair the applicant's ability to perform his duties;

(d) Within 1 year of course completion have passed an examination developed or required by the department;

(e) Hold either a valid American Heart Association cardiopulmonary resuscitation course card or an American Red Cross cardiopulmonary resuscitation course card;

(f) Submit the certification fee and the nonrefundable examination fee prescribed in s. 401.34, which examination fee will be required for each examination administered to an applicant; and

(g) Submit a completed application to the department documenting compliance with paragraphs (a), (b), (c), (e), (f), and, if applicable, (d). Such application must be submitted so as to be received by the department at least 30 calendar days before the next

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regularly scheduled examination for which the applicant desires to be scheduled.

(5) The certification examination shall be offered monthly. The department shall issue an examination admission notice to the applicant advising him of the time and place of the examination for which he is scheduled.

(6)(a) The department shall establish by rule a procedure for biennial renewal certification of emergency medical technicians. Such rules shall require a United States Department of Transportation refresher training program of at least 30 hours as approved by the department and shall require at least 10 contact hours in topics related to emergency medical technician services every 2 years. The refresher program may be offered in multiple presentations spread over the 2-year period. The rules shall also provide that the refresher course requirement may be satisfied by passing a challenge examination.

(b) The department shall establish by rule a procedure for biennial renewal certification of paramedics. Such rules shall require candidates for renewal to have taken at least 45 hours of continuing education units during the 2-year period, to include certification in advanced cardiac life support. The rules shall provide that the continuing education requirement may be satisfied by passing a challenge examination.

(7) A registered nurse may be certified as a paramedic if the registered nurse is certified in this state as an emergency medical technician, has passed the required emergency medical technician curriculum, has successfully completed an advanced cardiac life support course, and has passed the examination for certification as a paramedic. Nurses so certified shall be recertified pursuant to this section.

(8) Each emergency medical technician certificate and each paramedic certificate shall expire automatically 3 years from the date of issuance and may be renewed if the holder meets the qualifications for renewal as established by the department.

(9) The department may suspend or revoke a certificate at any time if it determines that the holder does not meet the applicable qualifications. History.~s. 7, ch. 73-126; s. 3, ch. 76-168; s. 251, ch. 77-147; s. I, ch. 77-257;

s. 2, ch. 77-347; s. I, ch. 77-457; s. 19, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 10, 24, 25, ch. 82-402; ss. 6, 12, 13, ch. 83-196. 'Note.~Expires October I , 1992, pursuant to s. 13, ch. 83-196, and is sched

uled for review pursuant to s. 11.61 in advance of that date. 'Note.~Section 6, ch. 83-196, purported to amend subsection (4) as a whole,

but did not republish paragraphs (4)(a) , (b), and (c). Paragraphs (4)(a), (b), and (c) are republished here, however, for the omission appears to have occurred through inadvertence rather than an intent to repeaL cf.- s. 458.348 Formal supervisory relationships and standing orders; notice;

standards.

1401.281 Ambulance drivers.-(1) Each basic life support service licensee and

each advanced life support service licensee is responsible for assuring that its vehicles are driven only by trained, experienced, and otherwise qualified personnel. The licensee shall, at a minimum, document that each of its drivers:

(a) Is at least 18 years of age; (b) Certifies under oath that he is not addicted to

alcohol or any controlled substance; (c) Certifies under oath that he is free from any

physical or mental defect or disease that might impair his ability to drive an ambulance;

(d) Has not, within the past 3 years, been convicted of reckless driving or driving under the influence of alcohol or controlled substances and has not had a driver's license suspended under the point system provided for in chapter 322;

(e) Possesses a valid operator's license issued under chapter 322;

(f) Is trained in the safe operation of emergency vehicles and has completed an emergency vehicle operator's course or the reasonable equivalent as approved by the department; however, this paragraph is applicable only to a driver of a land vehicle;

(g) Possesses a valid American Red Cross standard first aid and personal safety course card or its equivalent; and

(h) Possesses a valid American Red Cross or American Heart Association cardiopulmonary resuscitation card.

(2) Each basic life support service licensee, advanced life support service licensee, and nonemergency medical transportation service licensee is responsible for enforcing the requirements of this section. The department shall require that nonemergency medical transportation services assure that all vehicle drivers are in compliance with paragraphs (a), (b), (c), (d), (e), (g) , and (h) of subsection (1) and have successfully completed a defensive driving course approved by the department.

(3) The department shall periodically inspect basic life support services, advanced life support services, and nonemergency medical transportation services for verification of compliance with this section. Services that are unable to verify compliance are subject to disciplinary action as provided in this act. History .~ss. 11, 25, ch. 82-402; ss. 8, 13, ch. 83-196. 'Note .~Expires October I, 1992, pursuant to s. 25, ch. 82-402, and s. 13, ch.

83-196, and is scheduled for review pursuant to s. 11.61 in advance of t hat date.

1401.30 Records.-(1) All ambulance businesses or services licensed

under the provisions of this act shall maintain accurate records of emergency calls on forms that contain such information as may be required by the department. Such records shall be available for inspection by the department at any reasonable time, and copies thereof shall be furnished to the department upon request. The department shall give each licensee notice of what information such forms must contain.

(2) Each service licensed pursuant to the provisions of this act shall report to the department, within 30 days of occurrence, any accident involving any of its ambulances which accident results in personal injury or damage exceeding $500.

(3) The department shall maintain a permanent record of implementation of this act, including statistical data on all inspections carried out pursuant to ss. 401.281 and 401.31, the number of all services licensed, complaints received, departmental action on such complaints, and accidents as specified in subsection (2).

(4) Reports from service providers that cover statistical data shall be public records. The department shall protect the privacy of patients in disseminating any such information. History.~s. 10, ch. 73-126; s. 3, ch. 76-168; s. 254, ch. 77-147; s. I , ch. 77-457;

ss. 2, 3, ch. 81-318; ss. 12, 24, 25, ch. 82-402; s. 13, ch. 83-196. 'Note.~Expires October I , 1992, pursuant to s. 25, ch. 82-402, and is sched

uled for review pursuant to s. 11.61 in advance of that date. Repealed effective October I , 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

757

Ch. 401 MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION F.S. 1983

'401.31 Inspection and examination.-(!) In order to carry out the requirements of this

act, the department shall inspect each basic life support service, each advanced life support service, and each nonemergency medical transportation service licensee, including ambulances, vehicles, equipment, personnel, records, premises, and operational procedures, at reasonable times and whenever such inspection is deemed necessary by the department, but in no event less frequently than two times a year for emergency services and once a year for nonemergency services. The department shall conduct inspections without impeding patient care.

(2) The department shall, in the course of the inspections provided for in subsection (1), determine the continuing compliance of each business, service, ambulance, piece of vehicle equipment, emergency medical technician, paramedic, and driver with the requirements of this act, the rules adopted by the department, and the applicable vehicle safety requirements of chapter 316.

(3) The refusal of a licensee to allow an inspection is a ground for revocation of the licensee's license.

History.- s. ll , ch. 73- 126; s. 3, ch. 76- 168; s. 255, ch. 77-147; s. 3, ch. 77-347; s. l , ch. 77-457; ss. 8, 10, ch. 79-280; ss. 2, 3, ch. 81-318; ss. 13, 24, 25, ch. 82-402; ss. 12, 13, ch. 83- 196.

porting school children to and from school or school-related activities.

(8) Notwithstanding any ordinances or rules adopted by a local government with respect to nonemergency medical transportation services or vehicles, any hospital which utilizes its own vehicles in transporting, to or from a hospital or a medical facility, nonemergency patients whose medical conditions are such that they are confined to wheelchairs or to stretchers but who do not need and are not likely to need medical attention during transport, if the hospital does not charge fees for this service.

History.-s. 13, ch. 73·126; s. I, ch. 74·334; s. 3, ch. 76-168; s. I, ch. 77-457; s. 12, ch. 79-280; s. 258, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 14, 24, 25, ch. 82-402; s. 13, ch. 83-196; s. 42, ch. 83-334.

'Note.- Expires October I , 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of t hat date. Repealed effective October I , 1992, by s. 13, ch. 83- 196, and scheduled for review pursuant to s. 11.61 in advance of t hat date.

'401.34 Fees.-(1) Each organization or person subject to this

act shall pay to the department the following fees, which shall annually be set by the department by rule within the ranges specified herein:

(a) Nonemergency medical transportation service license: Not less than $425, nor more than $600, to be paid biennially.

' Note.- Expires (except fo r subsection (2)) October I, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October l , 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

(b) Basic life support service license: Not less than $425, nor more than $600, to be paid biennially.

(c) Advanced life support service license: Not less than $850, nor more than $1,250, to be paid biennial

'401.33 Exemptions.-The following are ex- ly. empt from the provisions of this act: (d) Original or renewal vehicle permit for basic or

(1) A privately owned vehicle not ordinarily used advanced life support: Not less than $10, nor more in the business of transporting persons who are sick, than $20, to be paid biennially. injured, wounded, incapacitated, or helpless. (e) Nonemergency medical transportation vehicle

(2) A vehicle rendering services as an ambulance permit or renewal permit: Not less than $10, nor in the event of a major catastrophe or emergency more than $20, to be paid biennially. when ambulances with permits based in the locality (f) Emergency medical technician certification of the catastrophe or emergency are incapacitated or examination: Not less than $15, nor more than $25. insufficient in number to render the services needed. (g) Emergency medical technician original certifi-

(3) Any ambulance based outside this state, ex- cate: Not less than $20, nor more than $30. cept that any such ambulance receiving a person (h) Emergency medical technician renewal certifwithin this state for transport to a location within icate: Not less than $10, nor more than $15, to be this state shall comply with the provisions of this act. paid biennially.

(4) Any ambulance owned and operated by the (i) Paramedic certification examination: Not less Federal Government. than $15, nor more than $25.

(5) A vehicle under the direct supervision of a li- (j) Paramedic original certificate: Not less than censed physician and used as an integral part of a $55, nor more than $80. private industrial safety or emergency management (k) Paramedic renewal certificate: Not less than plan within a privately owned and controlled area, $55, nor more than $80, to be paid biennially. which vehicle may from time to time be used to (l) Air ambulance service: Not less than $850, nor transport persons in need of medical attention, but more than $1,250, to be paid biennially. which is not available to the general public and which (m) Original or renewal aircraft permit for air does not routinely transport patients. ambulance: Not less than $10, nor more than $20, to

(6) A fire department vehicle which is used as an be paid biennially. integral part of a fire suppression response unit and (2) Fees established pursuant to subsection (1) which vehicle may from time to time be used to shall be based on the actual costs incurred by the detransport firefighters in need of medical attention; partment in carrying out its licensure, certification, however, basic or advanced life support units shall registration, and inspection responsibilities under not be deemed to be exempt under this section. this act, including costs of salaries, expenses, inspec-

(7) Any organization or person that provides tion equipment, supervision, and program adminis-wheelchair transport services, if: tration.

(a} The service is a public bus system. (3) Until the department adopts rules establish-(b) The service is a public or private school bus ing fees under subsection (1), the lower amount in

system the major business of which is that of trans- each range shall apply.

758


(4) There is created in the State Treasury the Emergency Medical Services Trust Fund. Fees collected under this section shall be deposited to the credit of the Emergency Medical Services Trust Fund and shall be applied solely for salaries and expenses of the department incurred in implementing and enforcing this act.

(5)(a) Neither the fire department of any county, municipality, or fire district nor any county or municipally operated emergency medical services provider shall be required to pay a fee for a service license or vehicle permit. Furthermore, the fee charged such a fire department, county, or municipality for a certificate or a certification examination for its employees shall be 50 percent of the fee set by the department for such certificate or certification examination.

(b) Any volunteer emergency medical services provider shall not be required to pay any of the fees set by the department for licensure, vehicle permits, and personnel certification.

History.-s. 14, ch. 73-126; s. 2, ch. 74-334; s. 3, ch. 76-168; s. 1, ch. 77-174; s. 4, ch. 77-347; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15. 24, 25, ch. 82-402; ss. 7, 12, 13, ch. 83 -196.

'Note.-Expires (except for paragraphs (l)(f)-(k) and subsection (5)) October l , 1992, pursuant to s. 25, ch. 82·402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Expires October! , 1992, pursuant to s. 13, ch. 83- 196, and is scheduled for review pursuant to s. 11 .61 in advance of that date.

1401.35 Rules.-In consultation with appropriate representatives of emergency medical service providers employed by public agencies and nonemergency medical transportation services and representatives of the general public and the elderly, to include, but not be limited to, statewide provider organizations, fire chiefs, and fire rescue providers, the department shall adopt rules necessary to carry out the purposes of this act.

' (1) The rules shall provide at least minimum standards governing:

(a) Sanitation, safety, and maintenance of basic life support, advanced life support, and nonemergency medical transportation vehicles, respectively.

(b) Emergency medical technician, paramedic, and driver training and qualifications.

(c) Ground ambulance and vehicle equipment and supplies at least as comprehensive as those published in the most current edition of the American College of Surgeons, Committee on Trauma, list of essential equipment for ambulances.

(d) Ground ambulance or vehicle design and construction at least equal to those most currently recommended by the United States General Services Administration.

(e) Staffing of basic life support, advanced life support, and nonemergency medical transportation vehicles.

(f) Two-way communications for basic life support services, advanced life support services, and nonemergency medical transportation services.

(g) Advanced life support services equipment. (h) Programs of training for emergency medical

technicians and paramedics. (i) Vehicles, equipment, communications, and

staffing for air ambulance services. (j) Ambulance driver qualifications, training, and

experience.

(k) Optional use of telemetry by licensees. (2) The rules shall establish application require

ments for licensure and certification. Pursuant thereto, application forms shall be developed by the department for basic life support services, advanced life support services, and nonemergency medical transportation services, respectively. An application for each respective service license shall include, but shall not be limited to:

(a) The name and business address of the operator and owner of the basic life support service, advanced life support service, nonemergency medical transportation service, or proposed service.

(b) The name under which the applicant will operate.

(c) A list of the names and addresses of all officers, directors, and shareholders of the applicant.

(d) A description of each vehicle to be used, including the make, model, year of manufacture, mileage, and vehicle identification number (VIN); the state or federal aviation or marine registration number, where applicable; and the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the applicant's vehicle or vehicles.

(e) The location and description of each place from which the basic life support service, advanced life support service, or nonemergency medical transportation service will operate.

(f) A statement reasonably describing the geographic area or areas to be served by the applicant.

(g) A statement certifying that the applicant will provide continuous service on a 24-hour day, 7-day week basis, if a basic life support service license or an advanced life support service license is sought.

(h) Such other information as the department deems reasonable and necessary.

(3) The rules shall set forth specifications regarding insignia and other ambulance identification, except that any fire department may retain its fire department identity and may use such color scheme, insignia, name, monogram, or other distinguishing characteristic as is acceptable to the fire department for the purpose of designating its vehicles as advanced life support vehicles. However, those advanced life support service/fire rescue vehicles or ambulances operated by fire departments which were purchased in whole or in part with federal funds shall comply with federal regulations pertaining to color schemes, emblems, and markings.

History.-s. 15, ch. 73-126; s. 3, ch. 76-168; s. 257 , ch. 77- 147; s. 5, ch. 77-347; s. ! , ch. 77-457; ss. 8, 10, ch. 79-280; s. 259, ch. 81-259; ss. 2, 3, ch. 81-318; ss. 16, 24, 25, ch. 82-402; ss. 9, 12, 13, ch. 83-196.

'Note.- Expires (except for paragraphs (! )(b) and (h)) October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Expires October! , 1992, pursuant to s. 13, ch. 83-196, and is scheduled for review pursuant to s. 11.61 in advance of that date.

' Note.- Section 9, ch. 83-196, purported to amend subsection(!) as a whole, but did not republish paragraphs (!)(a), (b), (e), (f), (g), (h) , (i), U), and (k). Paragraphs (! )(a), (b) , (e), (f), (g), (h), (i), U), and (k) are republished here, however, for the omission appears to have occurred through inadvertence rather t han an intent to repeal.

1401.38 Participation in federal programs. -The department shall develop federal funding proposals and apply for all federal funds available to carry out the purposes of this act. The department is authorized to participate in those federal programs aimed at the delivery of basic life support service, advanced life support service, and nonemergency medi-

759

Ch. 401 MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION F.S. 1983

cal transportation service and shall include such programs in its comprehensive plan.

History.-s. 19, ch. 73-126; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 8, 10, ch. 79-280; ss. 2, 3, ch. 81-318; ss. 17, 24, 25, ch. 82-402; s. 13, ch. 83-196.

'Note.-Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October 1, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

'401.41 Penalties.-(1) Any person who violates, or who fails to com

ply with, any provision of this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 for the first such violation, and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084 for the second and subsequent violations.

(2) Any person who: (a) Uses or attempts to use a certificate that has

been suspended, revoked, or terminated; (b) Practices or holds himself out as an emergen

cy medical technician, paramedic, or ambulance driver without being so certified; or

(c) Knowingly conceals information relating to violations of this act

is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Whenever any person is charged with knowingly committing an assault or battery upon an ambulance driver, emergency medical technician, or paramedic when such ambulance driver, emergency medical technician, or paramedic is actively engaged in the lawful performance of his duties, the offense for which the person is charged shall be classified as follows:

(a) In the case of assault, the charge shall be a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.084.

(b) In the case of battery, the charge shall be a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) Each day that a violation of this act is committed or permitted to continue constitutes a separate and distinct offense under this section.

History.- s. 22, ch. 73-126; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 18, 24, 25, ch. 82-402; ss. 12, 13, ch. 83-196.

'Note.- Expires (except for paragraphs (2)(a) and (b)) October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October I, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

'401.411 Disciplinary action.-(1) Each of the following acts is a ground for the

disciplinary actions set forth in subsection (2): (a) Procuring, attempting to procure, or renewing

a certificate to practice as an emergency medical technician or paramedic by fakery, fraudulent action, or misrepresentation.

(b) Being convicted or found guilty, regardless of adjudication, of a crime that relates to practice as an emergency medical technician or paramedic in any jurisdiction. For purposes of this paragraph, a plea of nolo contendere is a conviction.

(c) Unprofessional conduct, including, but not limited to, any departure from or failure to conform to the minimal prevailing standards of acceptable

practice as an emergency medical technician or paramedic.

(d) Engaging in or attempting to engage in the possession, except in legitimate duties under the supervision of a licensed physician, or the sale or distribution of any controlled substance as set forth in chapter 893.

(e) Practicing as an emergency medical technician or paramedic without reasonable skill and safety to patients by reason of illness, drunkenness, or use of drugs, narcotics, chemicals, or any other substance or as a result of any mental or physical condition.

(f) Failure to report to the department any person whom the licensee knows is in violation of this act or the rules of the department.

(g) Sexual misconduct with the person being transported, including inducing or attempting to induce such person to engage in sexual activity outside the scope of practice as an emergency medical technician or paramedic or generally accepted examination or treatment procedures.

(2) The department may take any of the following actions against a licensee or applicant that it finds has committed any act specified as a ground for discipline:

(a) Refusal to approve an application. (b) Revocation or suspension of a certificate. (c) Imposition of an administrative fine not to ex

ceed $1,000 for each separate offense. (d) Issuance of a reprimand. (e) Placement of the person on probation for a

specified period of time, subject to such conditions as the department may impose.

(3) The department shall not reinstate the certificate of, or cause a certificate to be issued to, a person whom it has determined to be unqualified, until such person has complied with all conditions of the disciplinary order of the department and is, in the judgment of the department, capable of resuming safe practice.

History.- ss. 19, 25, ch. 82-402; ss. 12, 13, ch. 83-196. 'Note.-Repealed effective October I , 1992, by s. 13, ch. 83-196, and sched


'401.413 Administrative fines.-(1) In addition to any other administrative action

authorized by law, the department may impose an administrative fine, not to exceed $1,000, for any violation of this act or of the rules adopted pursuant to this act. The department shall notify the violator of its intent to impose a fine prior to taking action. Each day that a violation continues may be considered a separate offense.

(2) In determining the amount of the fine, if any, the department shall consider the following factors:

(a) The gravity of the violation, including the probability of death or disability as a result of the violation;

(b) Any actions taken to correct the violation; and

(c) Any previous violations committed by the violator.

(3) All amounts collected pursuant to this section shall be deposited into the Emergency Medical Services Trust Fund.

History.-ss. 20, 25, ch. 82-402; s. 13, ch. 83-196. 'Note.-Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is sched

uled for review pursuant to s. 11.61 in advance of that date. Repealed effective October 1, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

760

F.S. 1983 MEDICAL TELECOMMUNICATIONS AND TRANSPORTATION Ch.401

'401.421 Injunctive relief.-The secretary may cause to be instituted a civil action in an appropriate circuit court for preliminary or permanent injunctive relief to remedy or prevent violation of any provision of this part or any rule adopted by the department pursuant to the provisions of this part.



'401.43 Fraudulently obtaining services from emergency medical services vehicle licensee.-Whoever willfully and with intent to defraud obtains or attempts to obtain services from an emergency medical services vehicle licensee is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for the first offense, and is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, for the second and subsequent offenses.

History.-s. 23, ch. 73-126; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 21, 24, 25, ch. 82-402; s. 13, ch. 83-196.

'Note.- Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October 1, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

'401.44 Turning in a false alarm.-Whoever summons any emergency medical services vehicle pursuant to this act or reports that such a vehicle is needed when such person knows or has reason to know that the services of such a vehicle are not needed is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083, for the first offense, and is guilty of a misdemeanor of the first degree, punishable as provided ins. 775.082 or s. 775.083, for the second and subsequent offenses.

History.- s. 24, ch. 73-126; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 22, 24, 25, ch. 82-402; s. 13, ch. 83-196.

'Note.-Expires October I , 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11.61 in advance of that date. Repealed effective October I, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

'401.45 Denial of emergency treatment; civil liability.-

(1) No person shall be denied treatment for any emergency medical condition which will deteriorate from a failure to provide such treatment at any general hospital licensed under chapter 395 or at any specialty hospital that has an emergency room.

(2) A hospital or its employees or any physician or dentist responding to an apparent need for emergency treatment pursuant to this section shall not be held liable in any action arising out of a refusal to render emergency treatment or care if reasonable care is exercised in determining the condition of the person and in determining the appropriateness of the facilities and the qualifications and availability of personnel to render such treatment.

History.-s. 26, ch. 73-126; s. 3, ch. 76-168; s. I , ch. 77-174; s. I , ch. 77-457; ss. 2, 3, ch. 81-318; ss. 24, 25, 27, ch. 82-402; s. 13, ch. 83-196.

•Note.-Expires October 1, 1992, pursuant to s. 25, ch. 82-402, and is scheduled for review pursuant to s. 11 .61 in advance of that date. Repealed effective October I, 1992, by s. 13, ch. 83-196, and scheduled for review pursuant to s. 11.61 in advance of that date.

'401.48 Air ambulance service; licensure.(!) Every person, firm, corporation, association,

or governmental entity owning or acting as an agent for the owner of any business or service which fur-

nishes, operates, conducts, maintains, advertises, engages in, proposes to engage in, or professes to engage in the business or service of transporting by air ambulance persons who may need medical attention during transport shall be licensed as an air ambulance service, before offering such service.

(2) The application for such license shall be submitted to the department on forms provided for this purpose. The application shall provide documentation that the licensee meets the appropriate requirements for an air ambulance service as specified by rule of the department. The fee for such licensee shall be as prescribed in s. 401.34.

(3) An applicant seeking licensure as an air ambulance service shall:

(a) Submit a completed application to the department on such forms and including such information as specified by rule of the department.

(b) Submit the appropriate fee as provided in s. 401.34.

(c) Specify the location of all required medical equipment and provide documentation that all such equipment is available and in good working order.

(d) Provide documentation that all aircraft and crew members meet applicable Federal Aviation Administration (F.A.A.) regulations.

(e) Provide proof of adequate insurance coverage of not less than $100,000 per person and $30(},000 per incident or a greater amount as may be specified by rule of the department for claims arising out of injury or death of persons and damage to property of others resulting from any cause for which the owner of such business or service would be liable. Self-insurance is an acceptable alternative as specified in s. 401.25(2)(c).

(f) Specify if the service uses either fixed-winged or rotary-winged aircraft, or both.

(4)(a) If a service provides inter hospital air transport, air transport from hospital to another facility, air transport from hospital to home, or similar air transport, the service must provide evidence that it has employed a medical director to advise the service on the appropriate staffing, equipment, and supplies to be used for the transport of any patient aboard an air ambulance and shall provide information to referring physicians regarding special medical requirements and restrictions when transporting by air ambulance.

(b) If the service uses rotary-winged aircraft in conjunction with a community emergency medical advanced life support or basic life support services first response system, the service is required to meet the provisions of 2s. 401.47(2)(f)l. and is also required to meet separate basic life support and advanced life support requirements unique to air ambulance operations as may be specified in rules of the department. Such service is subject to the provisions of s. 401.25 relating to a certificate of public convenience and necessity; however, a service may operate in any county under the terms of mutual aid agreements.

(5) In order to renew a license for air ambulance service, the applicant shall:

(a) Submit a renewal application to the department not more than 90 days nor less than 60 days before the expiration of the license.

761


(b) Submit the appropriate renewal fee as provided in s. 401.34.

(c) Provide documentation that current standards for issuance of a license are met.

(6) Any advanced support service licensee may engage in air ambulance operations by complying with the appropriate provisions of this section and provisions as may be specified by rule of the department.

History.-ss. 11, 13, ch. 83-196. 1Note.-Expires October 1, 1992, pursuant to s. 13, ch. 83-196, and is sched-

uled for review pursuant to s. 11.61 in advance of that date. ' Note.-This reference as enacted by s. 11, ch. 83-196, appears incorrect; s.

401.47, which did not include a subparagraph (2)(f)l., was repealed by s. 24, ch. 82-402; perhaps the reference is intended to refer to subparagraph (2)(f)l. of s. 11, ch. 83-196, which subparagraph is compiled ass. 401.48(3)(£)1.

'401.481 Inspection of air ambulance operations.-The department shall, on a random and periodic basis, inspect air ambulance operations for compliance with the requirements of this chapter and departmental rules.



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F.S. 1983 HEALTH AND REHABILITATIVE SERVICES; ETC. Ch. 402

CHAPTER 402

HEALTH AND REHABILITATIVE SERVICES; MISCELLANEOUS PROVISIONS

402.04

402.05

402.06 402.07 402.12

402.16 402.161 402.17

402.18 402.181 402.19

402.20

402.21

402.212 402.22

402.301

402.302 402.305 402.306 402.307 402.308 402.309 402.310

402.311 402.312 402.313 402.314 402.315 402.316 402.32 402.33

402.34 402.35 402.36 402.37

Award of scholarships and stipends; disbursement of funds; administration.

Requisites for holding scholarship and sti-pend.

Notes required of scholarship holders. Payment of notes. National Community Mental Health Cen-

ters Act. Proceedings by department. Authorization for sale of property. Claims for care and maintenance; trust

property. Welfare trust funds created; use of. State Institutions Claims Fund. Photographing records; destruction of rec-

ords; effect as evidence. County contracts authorized for services

and facilities in mental health and retardation areas.

Care and assistance of persons suffering from chronic renal diseases; establishment of programs in kidney disease control.

Hematology-oncology care center program. Education program for students who reside

in residential care facilities operated by the Department of Health and Rehabilitative Services.

Child care facilities; legislative intent and declaration of purpose and policy.

Definitions. Licensing standards. Designation of licensing agency. Approval of licensing agency. Issuance of license. Provisional license. Disciplinary actions; hearings upon denial

or revocation of license; administrative fines.

Inspection. License required; display. Family day care homes. Supportive services. Funding; license fees. Exemptions. School health services program. Department authority to charge fees for

services provided. Body corporate. Employees. Cancer therapeutic research. Medical manpower clearinghouse; grants.

402.04 Award of scholarships and stipends; disbursement of funds; administration.-The award of scholarships or stipends provided for herein shall be made by the Department of Health and Rehabilitative Services, hereinafter referred to as the department. The department shall handle the administration of the scholarship or stipend and the Department of Education shall, for and on behalf of

the department, handle the notes issued for the payment of the scholarships or stipends provided for herein and the collection of same. The department shall prescribe regulations governing the payment of scholarships or stipends to the school, college, or university for the benefit of the scholarship or stipend holders. All scholarship awards, expenses and costs of administration shall be paid from moneys appropriated by the Legislature and shall be paid upon vouchers approved by the department and properly certified by the Comptroller.

History.-s. 4, ch. 29880, 1955; s. 10, ch. 59-1; s. 2, ch. 65- 13; ss. 15, 19, 35, ch. 69- 106; s. 259, ch. 77-147.

402.05 Requisites for holding scholarship and stipend.-Scholarships or stipends are to be awarded only to such residents of the state as intend to make psychiatric social work, psychiatry, psychiatric nursing, and clinical psychology their professions. Among other essential requisites for holding a scholarship or stipend hereunder are citizenship, residence in Florida for a period of 1 year, good moral character, good health, exceptional scholarship, and the applicant shall have met the entrance requirement at a college or university for their professional specialization.

History.- s. 5, ch. 29880, 1955.

402.06 Notes required of scholarship holders.-Each person who receives a scholarship or stipend as provided for in this chapter shall execute a promissory note under seal, on forms to be prescribed by the Department of Education, which shall be endorsed by his parent or guardian or, if he is 18 years of age or older, by some responsible citizen and shall deliver said note to the Department of Health and Rehabilitative Services. Each note shall be payable to the state and shall bear interest at the rate of 5 percent per annum beginning 90 days after completion or termination of the training program. Said note shall provide for all costs of collection to be paid by the maker of the note. Said note shall be delivered by the Department of Health and Rehabilitative Services to said Department of Education for collection and final disposition.

History.-s. 6, ch. 29880, 1955; s. 2, ch. 65-13; s. 1, ch. 69-59; ss. 15, 35, ch. 69-106; s. 18, ch. 77-121; s. 260, ch. 77- 147.

402.07 Payment of notes.-Prior to the award of a scholarship or stipend provided herein for trainees in psychiatric social work, psychiatry, clinical psychology, or psychiatric nursing, the recipient thereof must agree in writing to practice his profession in the employ of any one of the following institutions or agencies for 1 month for each month of grant immediately after graduation or, in lieu thereof, to repay the full amount of the scholarship or stipend together with interest at the rate of 5 percent per annum over a period not to exceed 10 years:

1(1) The staff of one of the state hospitals of the Division of Mental Health.

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Ch.402 HEALTH AND REHABILITATIVE SERVICES; ETC. F.S. 1983

(2) The Department of Corrections. (3) A mental health clinic or guidance center. (4) One of the state-operated universities. (5) A circuit court exercising jurisdiction in con

nection with juveniles. (6) A public school. (7) Such other accredited social agencies or state

institutions as may be approved by the '[Department of Health and Rehabilitative Services.]

History.-s. 7, ch. 29880, 1955; s. 1, ch. 59-249; s. 1, ch. 65-511; s. 2, ch. 65-14; s. 1, ch. 69-58; ss. 19, 35, ch. 69-106; ss. 1, 2, ch. 70-441; s. 25, ch. 73-334; s. 8, ch. 77-120; s. 15, ch. 79-3; s. 260, ch. 81-259.

1Note.-All divisions within the Department of Health and Rehabilitative Services were abolished by s. 3, ch. 75-48.

' Note.-Bracketed words substituted by the editors for "council." Sees. 29, ch. 75-48, which abolished all advisory councils to the department.

402.12 National Community Mental Health Centers Act.-Any federal funds accruing to the state for the purposes of carrying out the National Community Mental Health Centers Act of 1963 shall be paid to the Department of Health and Rehabilitative Services for expenditure as directed by said department.

History.-s. I, ch. 63-305; ss. 19, 35, ch. 69-106; s. 262, ch. 77-147. Note.- Former s. 965.16.

402.16 Proceedings by department.-(1) Whenever it becomes necessary for the wel

fare and convenience of any of the institutions now under the supervision and control of the Department of Health and Rehabilitative Services, or which may hereafter be placed under the supervision and control of said department, to acquire private property for the use of any of said institutions, and the same cannot be acquired by agreement satisfactory to the said department and the parties interested in, or the owners of said private property, the department is hereby empowered and authorized to exercise the right of eminent domain, and to proceed to condemn the said property in the same manner as provided by law for the condemnation of property.

(2) Any suit or actions brought by the said department to condemn property as provided in this section shall be brought in the name of the Department of Health and Rehabilitative Services, and it shall be the duty of the Department of Legal Affairs to conduct the proceedings for, and to act as counsel for the said Department of Health and Rehabilitative Services.

History.-ss. 1, 2, ch. 7947, 1919; CGL 5104, 5105; ss. 1, 2, ch. 20873, 1941; s. 22, ch. 20930, 1941; s. 3, ch. 65-369; ss. 11, 19, 35, ch. 69-106.

Note.- Former s. 73.22; s. 965.061.

402.161 Authorization for sale of property.

that such moneys are appropriated to the department and may be used by it for ' [department] purposes. However, such moneys shall be withdrawn in accordance with law. Such moneys are appropriated to the use of the department in addition to other funds which have been or may otherwise be appropriated for '[department) purposes.

History.-s. 1, ch. 69-268; ss. 19, 35, ch. 69-106; s. 1, ch. 70-255; s. 1, ch. 70-439; s. 17, ch. 78-433.

1Note.- Bracketed word substituted by the editors for "division .. (of Family Services). Sees. 3, ch. 75-48, which abolished the division and assigned its functions to the Department of Health and Rehabilitative Services.

Note.- Former s. 409.065.

402.17 Claims for care and maintenance; trust property.-The Department of Health and Rehabilitative Services shall protect the financial interest of the state with respect to claims which the state may have for the care and maintenance of clients of the department. The department shall hold in trust and administer money of clients and property designated for the personal benefit of clients.

(1) CLAIMS FOR CARE AND MAINTENANCE.-

(a) The department shall perform the following acts:

1. Receive and supervise the collection of sums due the state.

2. Bring any court action necessary to collect any claim the state may have against any client, former client, guardian of any client or former client, executor or administrator of the client's estate, or any person against whom any client or former client may have a claim.

3. Obtain a copy of any inventory or appraisal of the client's property filed with any court.

4. Obtain from the 'Social and Economic Services Program Office a financial status report on any client or former client, including the ability of third parties responsible for such client to pay all or part of the cost of the client's care and maintenance.

5. Petition the court for appointment of a guardian or administrator for an otherwise unrepresented client or former client should the financial status report or other information indicate the need for such action. The cost of any such action shall be charged against the assets or estate of the client.

6. Represent the interest of the state in any litigation in which a client or former client is a party.

7. File claims with any person, firm, or corporation or with any federal, state, county, district, or municipal agency on behalf of an unrepresented client.

(1) The ' [department] is authorized to sell any 8. Represent the state in the settlement of the es-real or personal property that it acquired by way of tate of deceased clients or in the settlement of estates donation, gift, contribution, bequest, or devise from in which a client or a former client against whom the any person, persons, or organizations when such real state may have a claim has a financial interest. or personal property is determined by the '[depart- (b) The Department of Health and Rehabilitament] not to be necessary for use in connection with tive Services may charge off accounts if it certifies the work of the ' [department]. All proceeds derived that the accounts are uncollectible after diligent effrom the sale of such property shall be transmitted to forts have been made to collect them. If the departthe State Treasury to be credited to the department. ment certifies an account to the Department of

(2) The department is authorized to use for ' [de- Banking and Finance, setting forth the circumstances partment] purposes any moneys realized from the upon which it predicates the uncollectibility, and if, sale of any such real or personal property. It is ex- pursuant to s. 17.04, the Department of Banking and pressly declared to be the intention of the Legislature Finance concurs, the account shall be charged off.

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F.S. 1983 HEALTH AND REHABILITATIVE SERVICES; ETC. Ch.402

(2) MONEY OR OTHER PROPERTY RECEIVED FOR PERSONAL USE OR BENEFIT OF ANY CLIENT.-The department shall perform the following acts:

(a) Accept and administer in trust any money or other property received for personal use or benefit of any client.

(b) Deposit the money in banks qualified as state depositories.

(c) Withdraw the money and use it to meet current needs of clients.

(d) As trustee, invest in the manner authorized by law for fiduciaries money not used for current needs of clients.

(3) DEPOSIT OF FUNDS RECEIVED.-Funds received by the Department of Health and Rehabilitative Services in accordance with s. 402.33 shall be deposited into a trust fund for the operation of the department.

(4) DISPOSITION OF UNCLAIMED TRUST FUNDS.-Upon the death of any client affected by the provisions of this section, any unclaimed money held in trust by the department or by the Treasurer for him shall be applied first to the payment of any unpaid claim of the state against the client, and any balance remaining unclaimed for a period of 1 year shall escheat to the state as unclaimed funds held by fiduciaries.

(5) LEGAL REPRESENTATION.-To the extent that the budget will permit, the Department of Legal Affairs shall furnish the legal services to carry out the provisions of this section. Upon the request of the Department of Health and Rehabilitative Services, the various state and county attorneys shall assist in litigation within their jurisdiction. Such department may retain legal counsel for necessary legal services which cannot be furnished by the Department of Legal Affairs and the various state and county attorneys.

(6) DEPOSIT OR INVESTMENT OF FUNDS OF CLIENTS.-

(a) The Department of Health and Rehabilitative Services may deposit any funds of clients in its possession in any bank in the state or may invest or reinvest such funds in bonds or obligations of the United States for the payment of which the full faith and credit of the United States is pledged. For purposes of deposit only, the funds of any client may be mingled with the funds of any other clients.

(b) The interest or increment accruing on such funds shall be the property of the clients and shall be used or conserved for the personal use or benefit of the individual client. Such interest shall not accrue to the general welfare of all clients. The department shall establish rules governing reasonable fees for the cost of administering such accounts and for establishing the minimum balance eligible to earn interest.

History.-s. 2, ch. 59-222; s. 1, ch. 65-279; ss. 11, 19, 35, ch. 69-106; s. 1, ch. 70-341; s. 1, ch. 70-439; s. 1. ch. 72-350; s. 25, ch. 73-334; s. 131, ch. 79-190; s. 1, ch. 79-269; s. 1, ch. 83-59.

'Note.-See s. 8, ch. 80-187, which changed the name of the Social and Economic Services Program Office of the Department of Health and Rehabilitative Services to "Economic Services Program Office" and changed the program responsibilities of the office.

N ote.- Former s. 965.08.

402.18 Welfare trust funds created; use of.(1) All moneys now held in any auxiliary, can-

teen, welfare, donated, or similar fund in any state institution under the jurisdiction of the Department of Health and Rehabilitative Services shall be deposited in a welfare trust fund, which fund is hereby created in the State Treasury, or in a place which the department shall designate. The money in the fund of each institution of the department is hereby appropriated for the benefit, education, and general welfare of clients in that institution. The general welfare of clients includes, but is not limited to, the establishment of, maintenance of, employment of personnel for, and the purchase of items for resale at canteens or vending machines maintained at the state institutions and for the establishment of, maintenance of, employment of personnel for, and the operation of canteens, hobby shops, recreational or entertainment facilities, or other like facilities or programs at the institutions.

(2) All moneys now held in any auxiliary, canteen, welfare, donated, or similar fund in any district of the department shall be deposited in a welfare trust fund which is hereby created in the State Treasury, or in a place which the department shall designate. Money in the fund of each district of the department is hereby appropriated for the purpose for which the donor intended. Absent specific intentions of donor, such moneys shall be used for programs for the benefit, education, and general welfare of all clients of the department.

(3) The department shall deposit in a welfare trust fund all net proceeds from the operation of canteens, vending machines, hobby shops, and other such facilities designated as accruing to a specific welfare trust fund, and any moneys which may be assigned to a specific welfare trust fund by clients or others. The moneys of said fund shall constitute a trust held by the department for the benefit and welfare of the clients of the department.

(4) Any contraband found upon, or in the possession of, any client of the department shall be confiscated and liquidated, and the proceeds thereof shall be deposited in a welfare trust fund.

(5) The department may invest in the manner authorized by law for fiduciaries any money in a welfare trust fund which is not necessary for immediate use. The interest earned and other increments derived from such investments shall be deposited in the welfare trust fund.

History.-s. 1, ch. 65-194; ss. 19, 35, ch. 69-106; s. 2, ch. 79-269. Note.- Former s. 965.081.

402.181 State Institutions Claims Fund.(1) There is created a State Institutions Claims

Fund, available for the purpose of making restitution for property damages and direct medical expenses for injuries caused by escapees or inmates of state institutions under the Department of Health and Rehabilitative Services or the Department of Corrections. There shall be a separate fund in the State Treasury which shall be the depository of all funds used for this purpose by all institutions under the supervision and control of the Department of Health and Rehabilitative Services and the Department of Corrections.

(2) Claims for restitution may be filed with the

765

Ch.402 HEALTH AND REHABILITATIVE SERVICES; ETC. F.S.1983

Department of Legal Affairs at its office in accordance with regulations prescribed by the department. The department shall have full power and authority to hear, investigate, and determine all questions in respect to such claims and is authorized to pay individual claims up to $1,000. Claims in excess of this amount shall continue to require legislative approval.

(3) The department shall make or cause to be made such investigations as it considers necessary in respect to such claims. Hearings shall be held in accordance with chapter 120.

History.-s. 1, ch. 72·120; s. 1, ch. 77 ·11 7; s. 9, ch. 77-120; s. 10, ch. 77-320; s. 16, ch. 79-3.

402.19 Photographing records; destruction of records; effect as evidence.-The Department of Health and Rehabilitative Services may authorize each of the agencies under its supervision and control to photograph, microphotograph, or reproduce on film or prints, such correspondence, documents, records, data, and other information as the department shall determine, and which is not otherwise authorized to be reproduced under chapter 119, whether the same shall be of a temporary or permanent character and whether public, private, or confidential, including that pertaining to patients or inmates of the agencies, and to destroy any of said documents ~fter they have been reproduced. Photographs or microphotographs in the form of film or prints made in compliance with the provisions of this section shall have the same force and effect as the originals thereof would have, and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted i? evidence equally with the original photographs or microphotographs.

History.-s. I , ch. 65-195; ss. 19, 35, ch. 69-106; s. 264, ch. 77-147. N ote.- Former s. 272.22.

402.20 County contracts authorized for services and facilities in mental health and retardation areas.-The boards of county commissioners are authorized to provide monetary grants and facilities, and to enter into renewable contracts, for services and facilities, for a period not to exceed 2 years, with public and private hospitals, clinics, and laboratories; other state agencies, departments, or divisions; the state colleges and universities; the community colleges; private colleges and universities; counties; municipalities; towns; townships; and any other governmental unit or nonprofit organization which provides needed facilities for the mentally ill or retarded. These services are hereby declared to be for a public and county purpose. The county commissioners may make periodic inspections to assure that the services or facilities provided under this chapter meet the standards of the Department of Health and Rehabilitative Services.

History.-s. I , ch. 65-529; ss. 19, 35, ch. 69-106; s. 1, ch. 70-290; s. I, ch. 70-439; s. 70, ch. 72-221; s. 265, ch. 77-147.


402.21 Care and assistance of persons suffering from chronic renal diseases; establishment of programs in kidney disease control.-

(1) The Department of Health and Rehabilitative Services shall:

(a) Establish a program for the assistance of persons suffering from chronic renal disease and assist in the development and expansion of programs for the care and treatment of persons suffering from chronic renal diseases, including dialysis and other medical procedures and techniques which will have a lifesaving effect in the care and treatment of persons suffering from these diseases.

(b) Develop standards for determining eligibility for care and treatment under this program.

(c) Assist in the development of programs for the prevention of chronic renal diseases. .

(d) Assist in the establishment of screenmg programs and early diagnostic facilities.

(e) Make use of available funds and programs of the department to obtain financial assistance for P.ersons qualified for such assistance who are suffermg from chronic renal diseases.

(f) Assist in equipping dialysis centers. (g) Institute and carry on an educational program

among physicians, hospitals, county health departments, and the public concerning chronic renal diseases, including the dissemination of information B;nd the conducting of educational programs concermng the prevention of chronic renal diseases and the methods for the care and treatment of persons suffering from these diseases.

(h) Contract with existing facilities for the provision of care as outlined.

(2) Nothing in this section shall be construed to commit the state to provide direct financial assistance to patients requiring chronic dialysis therapy.

History.-s. I, ch. 71-1 39; s. 266, ch. 77-147.

402.212 Hematology-oncology care center program.-

( I) DEFINITIONS.-As used in this section: (a) "Department" means the Department of

Health and Rehabilitative Services. (b) "Hematology" means the study, diagnosis,

and treatment of blood and blood-forming tissues. (c) "Oncology" means the study, diagnosis, and

treatment of malignant neoplasms or cancer. (d) "Hemophilia" or "other hemostatic disorder"

means a bleeding disorder resulting from a genetic abnormality of mechanisms related to the control of bleeding.

(e) "Sickle-cell anemia or other hemoglobinopathy" means an hereditary, chronic disease caused by an abnormal type of hemoglobin.

(f) "Patient" means a person under the age of 21 who is in need of hematologic-oncologic services and who is declared medically and financially eligible by the department; or a person who received such services prior to age 21 and who requires long-term monitoring and evaluation to ascertain the sequelae and the effectiveness of treatment.

(g) "Center" means a facility designated by the department as having a program specifically designed to provide a full range of medical and specialty services to patients with hematologic and oncologic disorders.

(2) HEMATOLOGY-ONCOLOGY CARE CEN-

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F.S.1983 HEALTH AND REHABILITATIVE SERVICES; ETC. Ch. 402

TER PROGRAM; AUTHORITY-The department is authorized to make grants and reimbursements to designated centers to establish and maintain programs for the care of patients with hematologic and oncologic disorders. Program administration costs shall be paid by the department from funds appropriated for this purpose.

(3) GRANT AGREEMENTS; CONDITIONS.-A grant made under this section shall be pursuant to a contractual agreement made between a center and the department. Each agreement shall provide that patients will receive specified types of treatment and care from the center without additional charge to the patients or their parents or guardians. Grants shall be disbursed in accordance with conditions set forth in the disbursement guidelines.

(4) GRANT DISBURSEMENTS AND SPECIAL DISBURSEMENTS FOR LOCAL PROGRAMS.-

(a) Grant disbursements may be made to centers which meet the following criteria:

1. The personnel shall include at least one board-certified pediatric hematologist-oncologist, at least one board-certified pediatric surgeon, at least one board-certified radiotherapist, and at least one board -certified pathologist.

2. As approved by the department, the center shall actively participate in a national children's cancer study group, maintain a pediatric tumor registry, have a multidisciplinary pediatric tumor board, and meet other guidelines for development, including, but not limited to, guidelines from such organizations as the American Academy of Pediatrics and the American Pediatric Surgical Association.

(b) Programs shall also be established to provide care to hematology-oncology patients within each district of the department. The guidelines for local programs shall be formulated by the department. Special disbursements may be made by the program office to centers for educational programs designed for the districts of the department. These programs may include teaching total supportive care of the dying patient and his family, home therapy to hemophiliacs and patients with other hemostatic disorders, and screening and counseling for patients with sickle-cell anemia or other hemoglobinopathies.

(5) PROGRAM AND PEER REVIEW.-The department shall evaluate at least annually during the grant period the services rendered by the centers and the districts of the department. Data from the centers and other sources relating to pediatric cancer shall be reviewed annually by the Florida Association of Pediatric Tumor Programs, Inc.; and a written report with recommendations shall be made to the department. This data base will be available to the department for formulation of its annual program and financial evaluation report. A portion of the funds appropriated for this section may be used to provide statewide consultation, supervision, and evaluation of the programs of the centers, as well as program office support personnel.

History.-ss. 1, 2, 3, 4, 5, ch. 81-31.

the Department of Health and Rehabilitative Services.-

(1)(a) The Legislature recognizes that the Department of Health and Rehabilitative Services has under its residential care students with critical problems of physical impairment, emotional disturbance, social maladjustment, mental impairment, and learning impairment.

(b) The Legislature recognizes the vital role of education in the rehabilitation of such students. It is the intent of the Legislature that all such students benefit from educational services and receive such services.

(c) It is the intent of the Legislature that educational services be coordinated with appropriate and existing diagnostic and evaluative, social, follow-up, and other therapeutic services of the Department of Health and Rehabilitative Services so that the effect of the total rehabilitation process is maximized.

(d) It is the intent of the Legislature that, as educational programs for students in residential care facilities are implemented by the district school board, educational personnel in the Department of Health and Rehabilitative Services residential care facilities who meet the qualifications for employees of the district school board be employed by the district school board.

(2) District school boards shall establish educational programs for all students ages 5 through 18 under the residential care of the Department of Health and Rehabilitative Services and may provide for students below age 5 as provided for in s. 232.01(1)(f). Funding of such programs shall be pursuant to s. 236.081.

(3) Notwithstanding the provisions of chapters 393, 394, and 959, the services of the Department of Health and Rehabilitative Services and those of the Department of Education and district school boards shall be mutually supportive and complementary of each other. The education programs provided by the district school board shall meet the standards prescribed by the State Board of Education and the district school board. Decisions regarding the design and delivery of Department of Health and Rehabilitative Services treatment or habilitative services shall be made by interdisciplinary teams of professional and paraprofessional staff of which appropriate district school system administrative and instructional personnel shall be invited to be participating members. The requirements for maintenance of confidentiality as prescribed in chapters 39, 393, 394, and 959 shall be applied.

(4) Students age 18 and under who are under the residential care of the Department of Health and Rehabilitative Services and who receive an education program shall be calculated as full-time equivalent student membership in the appropriate cost factor as provided for in s. 236.081(1)(c). Residential care facilities of the Department of Health and Rehabilitative Services shall include, but not be limited to, major state retardation facilities, state mental health facilities, and youth services programs (residential and day programs). All students shall receive their educa-

402.22 Education program for students who tion program from the district school system, and reside in residential care facilities operated by funding shall be allocated through the Florida Edu-

767

Ch. 402 HEALTH AND REHABILITATIVE SERVICES; ETC. F.S. 1983

cation Finance Program for the district school system.

(5) Students committed to the Department of Health and Rehabilitative Services and placed in youth services residential and day programs shall be assigned to the educational alternatives or other basic or special programs, as appropriate.

(6) Instructional and special education services which are provided to youth services clients in the Department of Health and Rehabilitative Services residential care facilities shall not be less than the level of contact hours provided during the 1978-1979 fiscal year. Instructional and special educational services which are provided to mental health and retardation clients in the Department of Health and Rehabilitative Services residential care facilities by local school districts shall not be less than 180 days or 900 hours; however, the 900 hours may be distributed over a 12-month period, unless otherwise stated in rules developed by the State Board of Education with the concurrence of the Department of Health and Rehabilitative Services promulgated pursuant to subsection (7).

(7) The State Board of Education and the Department of Health and Rehabilitative Services shall have the authority to promulgate rules which shall assist in the orderly transfer of the instruction of students from Department of Health and Rehabilitative Services residential care facilities to the district school system or to the public education agency and which shall assist in implementing the specific intent as stated in this act.

(8) Notwithstanding the provisions of s. 230.23(4)(n), the educational programs at Arthur Dozier School for Boys and the Marianna Sunland Center in Jackson County, the Alyce D. McPherson School in Marion County, and the Florida School for Boys in Okeechobee shall be operated by the Department of Education, either directly or through grants or contractual agreements with other public educational agencies. The annual state allocation to any such agency shall be computed pursuant to s. 236.081(1), (2) , and (5) and allocated in the amount that would have been provided the local school district in which the residential facility is located.

History.-ss. I , 2, ch. 71-350; s. 4, ch. 79-184; s. I , ch. 80-143; s. 4, ch. 80-240; ss. I , 2, ch. 81-272; s. 2, ch. 82- 153; s. 57, ch. 83-218.

'402.301 Child care facilities; legislative intent and declaration of purpose and policy.-lt is the legislative intent to protect the health, safety, and well-being of the children of the state. Toward that end, it is the purpose of this act to establish statewide minimum standards for the care and protection of children in child care facilities, to ensure maintenance of these standards, and to approve county administration and enforcement to regulate conditions in such facilities through a program of licensing. It shall be the policy of the state to ensure protection of children under care in child care facilities and to encourage and assist in the improvement of child care programs. It is the further legislative intent that the freedom of religion of all citizens shall be inviolate. Nothing in this act shall give any governmental agency jurisdiction or authority to regulate, supervise or in any way be involved in any Sun-

day School, Sabbath School, religious services, or any nursery service or other program conducted during religious or church services primarily for the convenience of those attending such services.

History.-s. 1, ch. 74- 113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248.

'Note.-Repealed effective October 1, 1993, by s. 7, ch. 83-248, and scheduled for review pursuant to s. 11.61 in advance of that date.

'402.302 Definitions.-As used in this act: (1) "Department" means the Department of

Health and Rehabilitative Services. (2) "Secretary" means the secretary of the De

partment of Health and Rehabilitative Services. (3) "Child care" means the care, protection, and

supervision of a child for a period of less than 24 hours a day on a regular basis which supplements for the child, in accordance with his individual needs, daily care, enrichment opportunities, and health supervision and for which a payment, fee, or grant is made for care.

(4) "Child care facility" includes any child care center or child care arrangement which provides child care for more than five children unrelated to the operator and which receives a payment, fee, or grant for any of the children receiving care, wherever operated, and whether or not operated for profit. The following are not included: public schools and nonpublic schools which are in compliance with the Compulsory School Attendance Law, chapter 232; summer camps having children in full-time residence; summer day camps; and Bible Schools normally conducted during vacation periods.

(5) "Family day care home" means an occupied residence in which day care is regularly provided for no more than five preschool children and elementary school children from more than one unrelated family, including preschool children living in the home and preschool children received for day care who are related to the resident caregiver. Elementary school siblings of the preschool children received for day care may also be cared for outside of school hours provided the total number of children, including the caregiver's own and those related to her, does not exceed 10.

(6) "Operator" means any person ultimately responsible for the overall operation and administration of a child care facility, whether or not he is the owner.

(7) "Local licensing agency" means any agency or individual designated by the county to license child care facilities.

History.-s. 2, ch. 74-113; s. 3, ch. 76-168; s. I , ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248.


'402.305 Licensing standards.- The state minimum standards shall be designed to protect the health, sanitation, safety, and well-being of all children under care by ensuring competent personnel, adequate physical surroundings, and healthful food. All standards established under this act shall be in accordance with child care standards pursuant to rules promulgated and utilized by the State Fire Marshal for child care facilities. The minimum standards for child care facilities shall include the following areas:

768

F.S. 1983 HEALTH AND REHABILITATIVE SERVICES; ETC. Ch.402

(1) PERSONNEL.-Minimum standards for child care personnel, whether employees or volunteers, which shall include minimum age requirements, minimum staff training requirements for identification and reporting of child abuse and neglect, periodic health examinations, minimum levels of training in first aid, and ratios of personnel to children.

(2) PHYSICAL FACILITIES.-Minimum standards for building conditions, indoor play space, outdoor play space, napping space, bathroom facilities, food preparation facilities, outdoor equipment, and indoor equipment.

(3) SANITATION AND SAFETY.-Minimum standards for sanitary and safety conditions, first aid treatment, and emergency procedures.

(4) NUTRITIONAL PRACTICES.-Minimum standards for the provision of meals or snacks of a quality and quantity to assure that the nutritional needs of the child are met.

(5) ADMISSIONS AND RECORDKEEPING.-Requirements for preadmission and periodic health examinations, requirements for immunizations, and requirements for maintaining emergency information and health records on all children. Any child shall be exempt from medical or physical examination or medical or surgical treatment upon written request of the parent or guardian of such child who objects to the examination and treatment. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated.

(6) TRANSPORTATION SAFETY.-Requirements for child restraints or seat belts in vehicles used by child care facilities to transport children, requirements for annual inspections of the vehicles, and 'limitations on the number of children in the vehicles.

History.-s. 5, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 1, 6, 7, ch. 83-248.

'Note.-Expires October I, 1993, pursuant to s. 7, ch. 83-248, and is scheduled for review pursuant to s. 11 .61 in advance of that date.

2 Note.-The words "limitations on the" were inserted by the editors.

'402.306 Designation of licensing agency.(1) Any county whose licensing standards meet or

exceed state minimum standards may: (a) Designate a local licensing agency to license

child care facilities in the county; or (b) Contract with the department to delegate the

administration of state minimum standards in the county to the department.

(2) Child care facilities in any county whose standards do not meet or exceed state minimum standards shall be subject to licensing by the department under state minimum standards.

History.-s. 6, ch. 74-113; s. 3, ch. 76-168; s. I, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248.


'402.307 Approval of licensing agency.-(1) Within 30 days after the promulgation of

state minimum standards, each county shall provide the department with a copy of its standards if they differ from the state minimum standards. At the same time, each county shall provide the department

with the administrative procedures it intends to use for the licensing of child care facilities.

(2) The department shall have the authority to determine if local standards meet or exceed state minimum standards. Within 60 days after the county has submitted its standards and procedures, the department, upon being satisfied that standards required by this act have been met, shall approve the local licensing agency.

(3) Approval to issue licenses for the department shall be renewed annually. For renewal, the local licensing agency shall submit to the department a copy of the licensing standards and procedures applied. An onsite review may be made if deemed necessary by the department.

(4) If, following an onsite review, the department finds the local licensing agency is not applying the approved standards, the department shall report the specific violations to the county commission of the involved county which shall investigate the violations and take whatever action necessary to correct them.

(5) The licensing of child care facilities, either by a local licensing agency or the department under the provisions of this act, shall become effective as of July 1, 1975. Those licensing procedures in operation shall continue until that date.

(6) To ensure that accurate statistical data are available, each local licensing agency shall report annually to the department the number of child care centers under its jurisdiction, the number of children served, the ages of children served, and the number of revocations or denials of licenses.

History.-s. 7, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248.

'Note.- Repealed effective October 1, 1993, by s. 7, ch. 83-248, and scheduled for review pursuant to s. 11.61 in advance of that date.

'402.308 Issuance of license.-(1) ANNUAL LICENSING.-After July 1, 1975,

every child care facility in the state shall have a license which shall be renewed annually.

(2) STATE ADMINISTRATION OF LICENSING.-In any county in which the department has the authority to issue licenses, the following procedures shall be applied:

(a) Application for a license or for a renewal of a license to operate a child care facility shall be made in the manner and on the forms prescribed by the department.

(b) Prior to the renewal of a license, the department shall reexamine the child care facility, including in that process the examination of the premises and those records of the facility as required under s. 402.305 to determine that minimum standards for licensing continue to be met.

(c) The department shall coordinate all inspections of child care centers. A child care facility is not required to implement a recommendation of one agency that is in conflict with a recommendation of another agency if such conflict arises due to uncoordinated inspections. Any conflict in recommendations shall be resolved by the secretary of the department within 15 days after written notice that such conflict exists.

(d) The department shall issue or renew a license upon receipt of the license fee and upon being satis-

769


fied that all standards required by this act have been met.

(3) LOCAL ADMINISTRATION OF LICENSING.-In any county in which there is a local licensing agency approved by the department, the following procedures 'shall apply:

(a) Application for a license or for renewal of license to operate a child care facility shall be made in the manner and on the forms prescribed by the local licensing agency.

(b) Prior to the renewal of a license, the agency shall reexamine the child care facility, including in that process the examination of the premises and records of the facility as required in s. 402.305 to determine that minimum standards for licensing continue to be met.

(c) The local agency shall coordinate all inspections of child care facilities. A child care facility is not required to implement a recommendation of one agency that is in conflict with a recommendation of another agency if such conflict arises due to uncoordinated inspections. Any conflict in recommendations shall be resolved by the county commission or its representative within 15 days after written notice that such conflict exists.

(d) The local licensing agency shall issue a license or renew a license upon being satisfied that all standards required by this act have been met.

History.-s. 8, ch. 74- 11 3; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 2, 6, 7, ch. 83-248.

'Note.-Expires October 1, 1993, pursuant to s. 7, ch. 83-248, and is scheduled fo r review pursuant to s. 11.61 in advance of that date. cf.-s. 402.315 ·License fees.

'402.309 Provisionallicense.-(1) The local licensing agency or the department,

whichever is authorized to license child care facili t ies in a county, may issue a provisional license to applicants for a license or to licensees who are unable to conform to all the standards provided for in this act.

(2) No provisional license may be issued unless the operator makes adequate provisions for the health and safety of the child and unless the local licensing agency or the department finds that a need exists for the services offered by the child care facility.

(3) The provisional license shall in no event be issued for a period in excess of 1 year and shall not be subject to renewal.

( 4) The provisional license may be suspended if periodic inspection made by the local licensing agency or the department indicates that insufficient progress has been made toward compliance.

History.-s. 9, ch. 74-11 3; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248.

' Note.- Repealed effective October! , 1993, by s. 7, ch. 83-248, and scheduled for review pursuant to s. 11.61 in advance of that date.

' 402.310 Disciplinary actions; hearings upon denial or revocation of license; administrative fines.-

(1)(a) The department may deny or revoke a license or impose an administrative fine not to exceed $100 per violation, per day, for the violation of any provision of ss . 402.301-402.316 or rules adopted thereunder.

(b) In determining the amount of fine to be levied

for a violation as provided in paragraph (a), the following factors shall be considered:

1. The severity of the violation, including the probability that death or serious harm to the health or safety of any person will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of this part have been violated.

2. Actions taken by the licensee to correct the violation or to remedy complaints.

3. Any previous violations of the licensee. (2) When the department has reasonable cause to

believe that grounds for the denial or revocation of a license exist, it shall determine the matter in accordance with procedures prescribed in chapter 120. When the local licensing agency has reasonable cause to believe that ~rounds for the denial or revocation of a license exist, It shall notify the applicant or licensee in writing, stating the grounds upon which the license is being denied or revoked. If the applicant or licensee makes no written request for a hearing to the local licensing agency within 15 days from receipt of such notice, the license shall be deemed denied or revoked.

(3) If a request for a hearing is made to the local licensing agency, a hearing shall be held within 30 days and shall be conducted by an individual designated by the county commission.

( 4) An applicant or licensee shall have the right to appeal a decision of the local licensing agency to a representative of the department. Any required hearing shall be held in the county in which the child care program is being operated or is to be established. The hearing shall be conducted in accordance with the provisions of chapter 120.

His tory.-s. 10, ch. 74-113; s. 3, ch. 76-168; s. 1, ch. 77-117; s. ! , ch. 77-457; s. 19, ch. 78-95; ss. 2, 3, ch. 81-318; ss. 3, 6, 7, ch. 83-248.

'Note.- Expires October 1, 1993, pursuant to s. 7, ch. 83-248, and is scheduled for review pursuant to s. 11.61 in advance of t hat date.

'402.311 Inspection.-A licensed child care facility shall accord to the department or the local licensing agency, whichever is applicable, the privilege of inspection, including access to facilities and staff and to those records required in s. 402.~ 305, at reasonable times during regular business hours, to insure compliance with the provisions of thiS! act.

History.-s. 11, ch. 74-113; s. 3, ch. 76-168; s. 1, cf 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248. ~

'Note.- Repealed effective October 1, 1993, by s. 7, ch; 83-248, and scheduled for review pursuant to s. 11.61 in advance of t hat date. ·~

'402.312 License required; display.-After July 1, 1975, the operation of a child care facility without a license is prohibited. The license shall be displayed in a conspicuous place inside the child care facility. The department or the local licensing agency is empowered to seek an injunction in the circuit court where the facility is located against the continuing operation of a child care facility for the following reasons:

(1) There is any violation of the standards applied under this act which threatens harm to any child in the child care facility.

(2) A licensee has repeatedly violated the standards provided for under this act.

(3) A child care program continues to have children in attendance after the closing date established by the department or the local licensing agency.


'Note.- Expires October 1, 1993, pursuant to s. 7, ch. 83-248, and is scheduled for review pursuant to s. 11.61 in advance of that date.

770


'402.313 Family day care homes.-(1) Family day care homes may be licensed under

this act if they are presently being licensed under an existing county licensing ordinance or if the board of county commissioners passes a resolution that family day care homes be licensed. If not subject to license, family day care homes may report annually to the department the following information: the name and address of the home, the name of the operator, the number of children served, and the availability of emergency care.

(2) This information shall be included in a directory to be published annually by the department to inform the public of available child care facilities.

(3) Family day care home operators may avail themselves of supportive services offered by the department.



'402.314 Supportive services.-The department shall provide consultation services, technical assistance, and inservice training, when requested and as available, to operators, licensees, and applicants to help improve programs and facilities for child care, and shall work cooperatively with other organizations and agencies concerned with child care.



'402.315 Funding; license fees.-(1) If the county designates a local agency to be

responsible for the licensing of child care centers, the county shall bear the costs involved.

(2) The department shall bear the costs of the licensing of child care centers when contracted to do so by a county or when directly responsible for licensing in a county which fails to meet or exceed state minimum standards.

(3) The department shall collect a fee for any license it issues pursuant to s. 402.308. Such fee shall be $1 per child, except that the minimum fee shall be $25 per center and the maximum fee shall be $100 per center.

(4) Any county may collect a fee for any license it issues pursuant to s. 402.308.


'Note.-Expires October 1, 1993, pursuant to s. 7, ch. 83-248, and is scheduled for review pursuant to s. 11.61 in advance of that date.

'402.316 Exemptions.-(!) The provisions of this act shall not apply to a

child care facility which is an integral part of church or parochial schools conducting regularly scheduled classes, courses of study, or educational programs accredited by, or by a member of, an organization which publishes and requires compliance with its standards for health, safety, and sanitation. However, such facilities shall meet minimum requirements of the applicable local governing body as to health, sanitation, and safety.

(2) Any county or city with state or local child care licensing programs in existence on July 1, 1974 will continue to license the child care facilities as cov-

ered by such programs, notwithstanding the provisions of subsection (1), until and unless the licensing agency makes a determination to exempt them.

(3) Any child care facility covered by the exemption provisions of subsection (1), but desiring to be included in this act, is authorized to do so by submitting notification to the department. Once licensed, such facility cannot withdraw from the act and continue to operate.

History.-s. 16, ch. 74 -113; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 6, 7, ch. 83-248.


402.32 School health services program.-(1) This section shall be known and may be cited

as the "School Health Services Act of 1974." (2) The Legislature finds that health services

conducted as a part of the total school health program should be carried out to appraise, protect, and promote the health of students. School health services supplement, rather than replace, parental responsibility and are designed to encourage parents to devote attention to child health, to discover health problems, and to encourage use of the services of t~eir physician, dentist, and community health agenCies.

(3) The following words and phrases shall have the following meanings for the purpose of this section:

(a) "Screening" means presumptive identification of unknown or unrecognized disease or defects by the application of tests that can be given with ease and rapidity to apparently healthy persons.

(b) "Physical examination" means a thorough evaluation of medical status of an individual.

(c) "Emergency health needs" means onsite management and aid for illness or injury pending student return to classroom or release to parent, guardian, designated friend, or designated health care provider.

(d) "Invasive screening" means any screening procedure in which the skin or any body orifice is penetrated.

(4) The duties of the Department of Health and Rehabilitative Services shall be:

(a) To employ, contract for, and supervise health service personnel for each school in the district in accordance with the state plan; however, in matters of coordination of health service programs with other school programs, the principal of each school shall have immediate supervisory authority over the health personnel working in that school.

(b) To carry out health appraisal and screening programs which include periodic review and analysis of health-related records, observation, and screening tests, consistent with sound health practices. Screening shall include vision, hearing, growth and development, nutrition, dental health, mental health, and communicable diseases.

(c) In cooperation with school personnel, to meet emergency health needs.

(d) When definitive diagnosis or treatment is indicated, to consult with parents or .guardians, when appropriate, regarding the need for medical attention by the family physician, dentist, or other specialist, as the case may require.

771


(e) To follow up on children referred for further diagnosis and treatment.

(f) When indicated by screening, to provide children with physical examinations and to refer children to appropriate medical and dental treatment, in cooperation with the private medical and dental community whenever possible. Parents or guardians of such students shall, within 30 calendar days, report to the appropriate school personnel the action taken to satisfy the cited medical or dental needs.

(g) In cooperation with school personnel, to counsel students and parents in matters regarding health programs and practices.

(h) To maintain records by school on the incidence of health problems, corrective measures taken, and such other information as may be needed to plan and evaluate health programs. Records on individual students shall remain confidential in accordance with law and regulations of the Department of Health and Rehabilitative Services and the State Board of Education.

(i) To aid in the diagnosis and evaluation of children for placement in exceptional child programs and in the reevaluation at periodic intervals of the children placed in such programs.

U) In cooperation with the Department of Education, to promulgate the rules and regulations necessary for the implementation of this section.

(k) In cooperation with school officials, to provide assistance to school personnel in such areas as health education programs, identification of children with health problems, and working with children with special health problems.

(5) Each district school board, and the Department of Education where applicable, shall have the duty:

(a) To coordinate the educational aspects of the school health services program with the Comprehensive Health Education Act of 1973 and to include health services and health education as part of the school districts' comprehensive educational plan.

(b) To cooperate with the Department of Health and Rehabilitative Services in the provision of health services to children.

(c) To provide physical facilities at each school for the health services program.

(d) To provide inservice health training for school personnel.

(e) To cooperate with public health personnel in counseling students and parents in matters regarding health programs and practices.

(f) To examine each public school child, at the proper age, for scoliosis.

(6) Nonpublic schools may request to participate in the school health services program. Nonpublic schools voluntarily participating in the school health services program shall comply with paragraphs (b) -(e) of subsection (5).

(7) At the beginning of each school year, parents or guardians shall be informed in writing that their children will receive a medical or physical examination, screening, and treatment. Any child shall be exempt from medical or physical examination, screening, and treatment if his parent or guardian requests such exemption in writing. The consent established by this subsection shall not be construed to authorize

invasive screening; if there is a need for such procedure, the consent of the parent or guardian shall be obtained prior to performing the screening. However, the laws, rules, and regulations relating to contagious or communicable diseases and sanitary matters shall not be violated.

(8) School health services shall be implemented in annual increments so that all children will be served. Expenditures for school health services shall be accounted for by county in accordance with standards established by the Department of Health and Rehabilitative Services or as provided for by law.

(9) In the absence of negligence, no person shall be liable for any injury caused by an act or omission in the administration of school health services.

History.-ss. 1, 2, 3, 4, 5, 6, 7, 9, ch. 74·356; s. 1, ch. 77·174; s. 2, ch. 78·245; s. 15, ch. 79-288; s. 1, ch. 81-18.

402.33 Department authority to charge fees for services provided.-

(1) As used in this section, the term: (a) "Client" means any natural person receiving

services provided by the department, including supervision, care, and maintenance, but not as a licensee subject to regulation by the department for purposes of licensure.

(b) "Department" means the Department of Health and Rehabilitative Services.

(c) "Fee collections" means all fees collected under this section, including all collections earned under Titles XVIII and XIX of the Social Security Act for services provided clients insured or otherwise covered by such titles.

(d) "Representative payee" means an individual or entity which acts on behalf of a client as the receiver of any or all benefits owing to the client.

(e) "Responsible party" means any person legally responsible for the financial support of the client and may include a minor client's natural or adoptive parent, a client's spouse, and an estate or trust established for the financial support of a client, but not a payor of third-party benefits.

(f) "Third-party benefits" means moneys received by or owing to a client or responsible party because of the client's need for or receipt of services such as those provided by the department. Such benefits include, but are not limited to, benefits from insurers, Medicare, and workers' compensation.

(2) The department, in accordance with rules established by it, shall either charge, assess, or collect, or cause to be charged, assessed, or collected, fees for any service it may provide its clients either directly or through its agencies or contractors, except for:

(a) Diagnosis and evaluation procedures necessary to determine the client's eligibility and need for services provided by the department;

(b) Customary and routine information and referral services;

(c) Educational services provided in lieu of public education;

(d) Specific services exempted by an act of the Legislature from fee assessment;

(e) Emergency shelter or emergency detention care and custody;

(f) Specific classes or types of services provided

772


in programs funded by grants, donations, or contracts that prohibit charging fees; or

(g) Any type of service for which the department determines that the net estimated revenue from such fees after deducting any loss of funds from federal grants occasioned by such fees will be less than the estimated cost to charge and collect such fees.

Fees, other than third-party benefits and benefit payments, may not be charged for services provided to indigents whose only sources of income are from state and federal aid. In addition, fees may not be charged parents of a minor client for services requested by the minor without parental consent or for services provided a minor client who has been permanently committed to the care and custody of the department with parental rights permanently severed. The department may not require a client who is receiving wages which are below the minimum wage under the federal Fair Labor Standards Act to pay fees from such wages. Voluntary payments for services shall be encouraged.

(3) Fees not specifically set elsewhere by statute shall be reasonably related to the cost of providing the service but may not exceed the average cost of the service, and the client receiving or benefiting from the service or the client's responsible party shall be liable for any such fee assessed. The department shall actively assist a client or his responsible party in obtaining any financial benefits he is entitled to by law, or as the beneficiary of a trust, annuity, retirement fund, or insurance contract, only insofar as the department and its vendors are the payees in the rendering of such service. The department may serve as the representative payee in receiving such benefits for the client or responsible party and shall use such benefits received to reduce the client's or responsible party's liability for fees assessed. Before reducing such liability, the department shall provide for the client's incidental personal expenses allowed by departmental rule and shall bill any insurer or other payor of third-party benefits who may be obligated by contract or law to provide, or to participate in the cost of providing, the service or services to the client for which the fees have been assessed.

(4) The department shall: (a) At least annually, determine or establish the

cost of providing services for which charges will be made. A determination of this cost shall be made within 90 days of the effective date of this act.

(b) Annually review uniform criteria for determining ability to pay, or to participate in, the cost of service.

(5) The payment of charges shall not be a prerequisite to treatment or care.

(6)(a) The department may not require a client or responsible party to pay fees it may assess that exceed the client's or responsible party's ability to pay. Such ability to pay shall be based upon the income of the client or responsible party, including any inheritance or bequests he may receive, and shall be determined according to uniform criteria and rules adopted by the department, unless the amount of the fee is specifically established by statute. The department shall assess the effects upon clients, responsible par-

ties, services, and revenues of determining the ability to pay based upon:

1. The client's or responsible party's gross income, the number of persons dependent on that income, and the number of such persons who are clients; and

2. The client's or responsible party's income less fixed domestic expenses, including a maximum amount of expenses as set forth by the department for each category of domestic expense so that any expenditures by the client or responsible party which exceed the maximum allowed will not be deducted from gross income for the purpose of determining ability to pay.

(b) The department is authorized to require financial information from a client or his responsible party, in order to determine the client's or responsible party's ability to pay, including the source of current or potential income or benefits that might be available to pay the cost of services provided or assets that may be available to assure payment of the fees. If the required information is not furnished within a time period established by departmental rule, the department may enter suit to enforce the requirement or may bill the client or responsible party for the full cost of services, less reimbursements from third-party payors for such services. The department shall verify such financial information in accordance with the most economical uniform procedures. If the cost of services, less recoveries from third-party payors, exceeds the client's or responsible party's ability to pay, the department shall reduce the client's or responsible party's liability for fees assessed to an amount not in excess of the 'amount which the client or responsible party has been determined to be able to pay.

(7)(a) The department shall by rule establish procedures for clients or responsible parties to request a review of assessed fees. Further, the department shall advise such clients or responsible parties of the criteria which are used to make determinations on requests for reduction or waiver of fees.

(b) If the department denies a request for a fee reduction or waiver, it shall inform the client or responsible party of his right to appeal the decision pursuant to the provisions of chapter 120.

(8)(a) Unpaid fees for services provided by the department to a client constitute a lien on any property owned by the client or the client's responsible party which property is not exempt by s. 4, Art. X of the State Constitution. If fees are not paid within 6 months after they are billed, the department shall charge interest on the unpaid balance at a rate equal to the average rate of interest earned by the State Treasury on state funds deposited in commercial banks as reported by the Treasurer for the previous year. The department is authorized to negotiate and settle any delinquent account, and to charge off any delinquent account consistent with the authority and requirements of s. 402.17, even though the claim of the department may be against the client, a responsible party, or a payor of third-party benefits, either directly for the department or as a fiduciary for the client or responsible party.

(b) If negotiation and settlement cannot be ef-

773


fected within a time period established by its rules, and if charging off the account is not appropriate, t he department shall file the lien for the unpaid fees for recordation by the clerk of the circuit court in such county or counties which the department determines to be in the best interest of the state. Services for which fees were charged shall constitute a claim against the client, the client's responsible party, or any insurer obligated to pay for the services provided. Such liens and claims shall be enforced on behalf of the state by the department. Liens and claims upon recordation with the clerk of the circuit court shall be continuing obligations until 3 years after the demise of the client or the client's responsible party, unless satisfied earlier.

(c) Upon the death of a person against whom the department has a claim, the department shall file such caveats as are in the best interest of the state. If the department effects recovery, the fund from which the fil ing fee for the caveat was paid shall be reimbursed.

(9)(a) Upon August 12, 1983, the department shall begin an orderly review of all services provided clients to assure that fees now assessed conform to the provisions of this section. Additional service fees, when and if required, shall be established according to a time schedule and financial plan.

(b) Unless otherwise specified by the Legislature, fee collections, including third-party reimbursements, in excess of fee-supported appropriations may be used in conformance with the provisions of chapter 216 to fund nonrecurring expenditures for direct client services and to fund administrative costs of improving the fee collection program of the department. No more than one-sixth of 2the amount of collections in excess of 2the amount of appropriations may be used to fund such improvements to the program. Priority consideration for the expenditure of excess collections shall be given to those districts and programs most responsible for the excess. A plan for the use of excess collections not spent in the fiscal year in which collected shall be subject to approval by the Executive Office of the Governor within 90 days from the end of the state fiscal year in which the excess occurs. For the first 2 years after August 12, 1983, the department shall submit quarterly reports to the Legislature and to the Executive Office of the Governor on excess fee collections and expenditures therefrom.

(10) The provisions of this section do not apply to contributions or fees described in s. 410.024(8).

History.- ss. I , 2, 3, 4, 5, 6, ch. 75-190; s. I , ch. 76-210; s. I, ch. 77-174; s. 10, ch. 83-230.

1 Note.-The words "amount which the client or responsible party has been determined to be able to pay" were substituted by the editors for the words "abili ty-to-pay determination!'

2 Note.- The words "the amount or were inserted by the editors.

402.34 Body corporate.-The department is a body corporate and shall adopt and have a corporate seal. It shall have the power to contract and be contracted with, to sue and be sued in actions in ex contractu but not in torts, and to have and to possess corporate powers for all purposes necessary to administer this chapter. The department shall have the power to accept payment for services rendered pursuant to rules and regulations of the department.

His tory.- s. I, ch. 69-268; ss. 19, 35, ch. 69-106; s. I , ch. 70-255; s. 17, ch. 78-433.


402.35 Employees.- All personnel of the ' [Department of Health and Rehabilitative Services] shall be governed by rules and regulations adopted and promulgated by the Department of Administration relative thereto except the director and persons paid on a fee basis. The 2[Department of Health and Rehabilitative Services] may participate with other state departments and agencies in a joint merit system. No federal, state, county, or municipal officer shall be eligible to serve as an employee of the ' [Department of Health and Rehabilitative Services].

His tory.-s. I , ch. 69-268; ss. 19, 31, 35, ch. 69-106; s. I , ch. 70-255; s. 17, ch. 78-433.

'Note.- Bracketed words substituted by the editors for "division" (of Family Services). Sees. 3, ch. 75-48, which abolished the division and assigned its functions to the department.

' Note.- Bracketed words substituted by t he editors for "department." Note.- Former s. 409.135.

402.36 Cancer therapeutic research.-(1) SHORT TITLE.-The provisions of this sec

tion shall be known and may be cited as the "Cancer Therapeutic Research Act of 1981."

(2) LEGISLATIVE INTENT; PURPOSE.-(a) The Legislature finds that recent research has

shown that the use of cannabis may alleviate the nausea and ill effects of cancer chemotherapy and may alleviate the ill effects of glaucoma. The Legislature further finds that there is a need for further research and experimentation with regard to the use of cannabis under strictly controlled circumstances.

(b) The Legislature also finds that certain unconventional therapies have been developed for the detection and treatment of cancer in humans. It is therefore the intent of the Legislature to allow such methods to be made available in this state under strictly controlled circumstances.

(c) The purpose of this section shall not exceed the intent hereby expressed.

(3) DEFINITIONS.-As used in this section: (a) "Secretary" means the Secretary of the De

partment of Health and Rehabilitative Services, or his designee.

(b) "Cannabis" means those substances defined as such in s. 893.02(2) , tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols.

(c) "Practitioner" means a physician licensed pursuant to chapter 458 or chapter 459, provided such physician holds a valid federal controlled substance registry number.

(d) "Unconventional therapy" means any method used for the control or cure of cancer which has not been approved by the federal Food and Drug Administration for human use; however, until July 1, 1982, "unconventional therapy" means the use of human blood fractions for the control or cure of cancer.

(4) CANCER THERAPEUTIC RESEARCH PROGRAM.-

( a) There is established within the Department of Health and Rehabilitative Services a controlled substances therapeutic research program. The program shall be administered by the secretary. The department shall adopt rules necessary for the proper administration of this section. In adopting rules, the department shall take into consideration pertinent rules and regulations promulgated by the Drug Enforcement Administration, the Food and Drug Ad-

774


ministration, and the National Institute on Drug Abuse.

(b) Except as provided in paragraph (c) or paragraph (5)(e) , the cancer therapeutic research program shall be limited to cancer chemotherapy patients and glaucoma patients, who are certified to the Patient Qualification Review Board by a practitioner as being involved in a life-threatening or sense-threatening situation and who are not responding to conventional controlled substances or when the conventional controlled substances administered have proven to be effective but the patient has incurred severe side effects.

(c) An unconventional therapy shall be available to any person in this state who is certified to the Patient Qualification Review Board by a practitioner as having been medically determined and diagnosed by such practitioner to have cancer.

' (5) PATIENT QUALIFICATION REVIEW BOARD.-

(a) The secretary shall appoint a Patient Qualification Review Board to serve at his pleasure. The board shall be comprised of:

1. A physician licensed pursuant to chapter 458 and certified by the American Board of Ophthalmology;

2. A physician licensed pursuant to chapter 458 and certified by the American Board of Internal Medicine and also certified in the subspecialty of medical oncology;

3. A physician licensed pursuant to chapter 458 and certified by the American Board of Psychiatry;

4. A physician licensed pursuant to chapter 459 and certified by the American Osteopathic Association Board of Ophthalmology and Otorhinolaryngology or by the American Osteopathic Association Board of Internal Medicine and certified in the subspecialty of medical oncology;

5. A pharmacist licensed pursuant to chapter 465; 6. A pathologist licensed pursuant to chapter 458;

and 7. Two lay members. (b) Members of the board may be reimbursed for

their attendance at meetings as authorized by s. 112.061.

(c) The Patient Qualification Review Board shall review all applicants for the cancer therapeutic research program and their practitioners and certify their participation in the program.

(d) The board shall additionally certify practitioners and state-operated licensed pharmacies, state licensed hospital pharmacies, or federally operated pharmacies for participation regarding the distribution of cannabis pursuant to subsection (6).

(e) The Patient Qualification Review Board may include other disease groups for participation in the controlled substances therapeutic research program after pertinent medical data have been presented by a practitioner to both the secretary and the board.

(6) DISTRIBUTION OF CONTROLLED SUBSTANCE.-

(a) The secretary shall apply to contract with the appropriate federal agency for receipt of cannabis pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Drug Enforcement Administration.

(b) The secretary shall cause such analyzed cannabis to be transferred to a certified state-operated pharmacy, state licensed hospital pharmacy, or federally operated pharmacy for distribution to a certified patient upon the written prescription of the certified practitioner pursuant to this section.

(7) MANAGEMENT OF RESOURCES USED IN UNCONVENTIONAL THERAPY.-

(a) Any practitioner wishing to use an unconventional therapy shall prescribe or administer such therapy in accordance with a research protocol which is reviewed and approved by the Patient Qualification Review Board. Such protocol shall encompass reporting of information including but not limited to diagnosis, stage of disease, medical history, laboratory data, tissue diagnosis, other methods of treatment, and follow-up data on each cancer patient receiving treatment.

(b) The management of distribution of the materials and information needed for unconventional therapy shall be specified through rules promulgated by the Patient Qualification Review Board. Such rules shall make unconventional therapy available to any patient who requests, through his practitioner, such treatment in accordance with paragraph (4)(c).

(c) Except where prohibited by federal regulation, practitioners who participate in the provisions of this section are exempt from obtaining a federal investigational new drug number for materials which are manufactured and used in the state in conjunction with unconventional therapy as specified in this section.

(d) Any material used in unconventional therapy shall be clearly marked "For investigational use only."

(e) As provided in this section, the manufacture, distribution, delivery, possession, sale, and use of materials for unconventional therapy is lawful within the state.

(f) Prior to prescribing or administering materials for an unconventional therapy to any person, a practitioner shall inform the person, in writing, of any alternative method of treatment and any complication, side effect, or probable result of undergoing such treatment. The practitioner shall also inform the patient in writing that materials for the unconventional therapy are not approved as a treatment or cure for cancer by the Food and Drug Administration of the United States Department of Health and Human Services. Any person who requests a practitioner to prescribe or administer materials for an unconventional therapy shall sign a written statement releasing from liability the physician who prescribed or administered the substance or, when applicable, the hospital or health facility at which such substance was administered.

(8) RULES.- The department shall promulgate rules specifying minimum standards of cleanliness and sanitation for facilities used to manufacture, store, or dispense materials for unconventional therapy and shall license manufacturers who meet those minimum standards. The department shall conduct, at least annually and in the interest of public health, unannounced inspections of facilities used to manufacture, store, or dispense materials for unconventional therapy and shall fix and collect a minimum li-

775


censing fee of not less than $500 per year from each manufacturer to defray the total cost of licensing such manufacturer and inspecting such facilities. The department shall be allowed to inspect any materials used in preparing, compounding, processing, and packaging materials for unconventional therapy.

(9) REPORT.-The secretary, in conjunction with the Patient Qualification Review Board, shall report his findings and recommendations to the Governor, the President of the Senate, and the Speaker of the House of Representatives, regarding the effectiveness of the cancer therapeutic research program prior to April 1 of each year.

(10) EXCEPTIONS TO CHAPTER 893.-(a) The enumeration of cannabis, tetrahydrocan

nabinols, or a chemical derivative of tetrahydrocannabinols in s. 893.03(1) as a Schedule I controlled substance does not apply to the use of cannabis, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols by certified patients pursuant to the provisions of this section.

(b) Cannabis, tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols shall be considered Schedule II substances as enumerated in s. 893.03(2) only for the purposes enumerated in this section.

(11) CONFIDENTIALITY OF PATIENT'S IDENTITY.-The identity of any patient certified pursuant to this section for participation in the cancer therapeutic research program shall be confidential and shall not be disclosed under any circumstances except with the patient's written consent.

(12) EXEMPTION.-This section shall be exempt from the provisions of s. 499.023.

History.-s. 1, ch. 78-413; s. 1, ch. 79-209; s. 1, ch. 81-279; s. 1, ch. 82-12; s. 1, ch. 82-46; s. 27, ch. 83-215; s. 2, ch. 83-265.

'Note.-Repealed effective October 1, 1989, by s. 1, ch. 82-46, as amended by s. 2, ch. 83-265, and scheduled for review pursuant to s. 11.611 in advance of that date. cf.-s. 499.082 1mmuno Augmentative Therapy blood fractions; inapplicability

of ss. 499.001-499.081.

402.37 Medical manpower clearinghouse; grants.-

(!) The Department of Health and Rehabilitative Services shall function as a medical manpower clear-

776

inghouse to assist in the placement of health care providers in medically underserved communities, and, in acting as such a clearinghouse, the department shall coordinate its efforts with the Community Hospital Education Council of the Board of Regents in such a manner as to avoid duplication of efforts. The department shall collect, store, classify, and distribute current information pertaining to the medical manpower needs of communities and the availability of medical manpower to serve in such communities. As part of its clearinghouse function, the department shall contract with an outside entity or entities to develop and operate programs to recruit individual health care providers for relocation in medically underserved communities.

(2) A grant program is hereby created through which communities or other entities meeting established criteria may receive funds for the purpose of identifying and assisting needed health care providers to relocate and establish practice in medically underserved communities. Grants shall be made by the Department of Health and Rehabilitative Services. The department shall adopt rules, on or before October 1, 1978, which specify the criteria that communities or other entities must meet to be eligible to receive grants. The rules shall require that funds distributed pursuant to this section shall be matched in an equal amount by the recipient; however, the recipient's matching effort may be in the form of contributions in-kind, including commodities, facilities, and services. The department shall also adopt rules, on or before October 1, 1978, which specify permitted uses of grant moneys received under this section. Such rules shall specify that grant moneys received pursuant to this subsection shall not be used to purchase or construct a clinic or other treatment facilities; provided, however, that a recipient's in-kind matching effort may be in the form of provision of facilities for medical treatment.

(3) The Department of Health and Rehabilitative Services may adopt such rules as are required to carry out the functions assigned to it by this section.

History.-s. 6, ch. 78-331.

F.S. 1983

403.011 403.021 403.031 403.051 403.061 403.0615

403.062

403.063 403.081 403.085

403.086

403.087

403.0871 403.0875 403.0876 403.088

403.091 403.092

403.101

403.111 403.121 403.131 403.141 403.151

403.161 403.165

403.1655

ENVIRONMENTAL CONTROL Ch. 403

CHAPTER 403

ENVIRONMENTAL CONTROL

PART I POLLUTION CONTROL (ss. 403.011-403.4153)

PART II ELECTRICAL POWER PLANT SITING (ss. 403.501-403.539)

PART III INTERSTATE ENVIRONMENTAL CONTROL COMPACT (s. 403.60)

PART IV RESOURCE RECOVERY AND MANAGEMENT (ss. 403.701-403.73)

PART V ENVIRONMENTAL REGULATION (ss. 403.801-403.817)

PART VI DRINKING WATER (ss. 403.850-403.864)

PART VII MISCELLANEOUS (s. 403.90)

PART I

POLLUTION CONTROL

Short title. Legislative declaration; public policy. Definitions. Meetings; hearings and procedure. Department; powers and duties. Water resources restoration and preserva

tion. Pollution control; underground, surface,

and coastal waters. Ground water quality monitoring. Performance by other state agencies. Sanitary sewage disposal units; advanced

and secondary waste treatment; industrial waste, ocean outfall, inland outfall, or disposal well waste treatment.

Sewage disposal facilities; advanced and secondary waste treatment.

Permits; general issuance; denial; revoca-tion; prohibition; penalty.

Florida Permit Fee Trust Fund. Citation of rule. Permits; processing. Water pollution operation permits; tem

porary permits; conditions. Inspections. Package sewage treatment facilities; in

spection. Classification and reporting; regulation of

operators of water purification plants and wastewater treatment plants.

Confidential records. Enforcement; procedure; remedies. Injunctive relief, cumulative remedies. Civil liability; joint and several liability. Compliance with rules or orders of de-

partment. Prohibitions, violation, penalty, intent. Use of pollution awards; pollution recov

ery fund. Environmental short-term emergency re

sponse program.

403.1815

403.182 403.1821

403.1822 403.1823

403.1824

403.1825 403.1826 403.1829 403.1832 403.1834

403.1835

403.1838

403.191 403.201 403.221 403.231

403.251 403.261

403.281 403.291 403.301

403.311 403.321 403.331

403.341

403.351 403.361 403.371 403.381 403.391 403.401

777

Construction of water distribution mains and sewage collection laterals; local regulation.

Local pollution control programs. Water pollution control and sewage treat

ment. Definitions for ss. 403.1821-403.1832. Department of Environmental Regula

tion; rulemaking authority; administration of funds.

State Water Pollution Control Trust Fund.

Grant payments. Grants, requirements for eligibility. Funding of projects; priorities. Department to accept federal aid. State bonds to finance or refinance facili

ties; exemption from taxation. Sewage treatment facilities revolving loan

program. Small Community Sewer Construction

Assistance Act. Construction in relation to other law. Variances. Pending proceedings. Department of Legal Affairs to represent

the state. Safety clause. Provisions specifying jurisdiction re-

pealed. Definitions; Weather Modification Law. Purpose of weather modification law. Artificial weather modification operation;

license required. Application for licensing; fee. Proof of financial responsibility. Issuance of license; suspension or revoca

tion; renewal. Filing and publication of notice of inten

tion to operate; limitation on area and time.

Contents of notice of intention. Publication of notice of intention. Proof of publication. Record and reports of operations. Emergency licenses. Suspension or revocation of license.

Ch. 403 ENVIRONMENTAL CONTROL F.S. 1983

403.411 403.412 403.413 403.414 403.415 403.4151 403.4153

Penalty. Environmental Protection Act. Florida Litter Law. Pollution control awards program. Motor vehicle noise. Exempt motor vehicles. Federal preemption.

403.011 Short title.-This act shall be known and cited as the "Florida Air and Water Pollution Control Act."

History.- s. 2, ch. 67-436.

403.021 Legislative declaration; public policy.-

(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, fish and other aquatic life, and impairs domestic, agricultural, industrial, recreational, and other beneficial uses of air and water.

(2) It is declared to be the public policy of this state to conserve the waters of the state and to protect, maintain, and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and other aquatic life, and for domestic, agricultural, industrial, recreational, and other beneficial uses, and to provide that no wastes be discharged into any waters of the state without first being given the degree of treatment necessary to protect the beneficial uses of such water.

(3) It is declared to be the public policy of this state and the purpose. of this act to achieve and maintain such levels of air quality as will protect human health and safety, and, to the greatest degree practicable, prevent injury to plant and animal life and property, foster the comfort and convenience of the people, promote the economic and social development of this state and facilitate the enjoyment of the natural attractions of this state.

(4) It is declared that local and regional air and water pollution control programs are to be supported to the extent practicable as essential instruments to provide for a coordinated statewide program of air and water pollution prevention, abatement and control for the securing and maintenance of appropriate levels of air and water quality.

(5) It is hereby declared that the prevention, abatement, and control of the pollution of the air and waters of this state are affected with a public interest, and the provisions of this act are enacted in the exercise of the police powers of this state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state.

(6) The Legislature finds and declares that control, regulation, and abatement of the activities which are causing or may cause pollution of the air or water resources in the state and which are or may be detrimental to human, animal, aquatic, or plant life, or to property, or unreasonably interfere with the comfortable enjoyment of life or property be increased to insure conservation of natural resources, to insure a continued safe environment, to insure purity of air and water, to insure domestic water supplies, to insure protection and preservation of the public health, safety, welfare, and economic

well-being, to insure and provide for recreational and wildlife needs as the population increases and the economy expands, and to insure a continuing growth of the economy and industrial development.

(7) The Legislature further finds and declares that:

(a) Compliance with this law will require capital outlays of hundreds of millions of dollars for the installation of machinery, equipment, and facilities for the treatment of industrial wastes which are not productive assets and increased operating expenses to owners without any financial return and should be separately classified for assessment purposes.

(b) Industry should be encouraged to install new machinery, equipment and facilities as technology in environmental matters advances, thereby improving the quality of the air and waters of the state and benefiting the citizens of the state without pecuniary benefit to the owners of industries, and the Legislature should prescribe methods whereby just valuation may be secured to such owners and exemptions from certain excise taxes should be offered with respect to such installations.

(c) Facilities as herein defined should be classified separately from other real and personal property of any manufacturing or processing plant or installation, as such facilities contribute only to general welfare and health and are assets producing no profit return to owners.

(d) In existing manufacturing or processing plants it is more difficult to obtain satisfactory results in treating industrial wastes than in new plants being now planned or constructed and that with respect to existing plants in many instances it will be necessary to demolish and remove substantial portions thereof and replace the same with new and more modern equipment in order to more effectively treat, eliminate or reduce the objectio-nable characteristics of any industrial wastes and that such replacements should be classified and assessed differently from replacements made in the ordinary course of business.

(8) The Legislature further finds and declares that the public health, welfare, and safety may be affected by disease-carrying vectors and pests. The department shall assist all governmental units charged with the control of such vectors and pests. Furthermore, in reviewing applications for permits, the department shall consider the total well-being of the public and shall not consider solely the ambient pollution standards when exercising its powers, if there may be danger of a public health hazard.

(9)(a) The Legislature finds and declares that it is essential to preserve and maintain authorized water depth in the existing navigation channels, port harbors, turning basins, and harbor berths of this state in order to provide for the continued safe navigation of deepwater shipping commerce. The department shall recognize that maintenance of authorized channel depths is an ongoing, continuous, beneficial, and necessary activity; and it shall develop a regulatory process which shall enable the ports of this state to conduct such activities in an environmentally sound, expeditious, and efficient manner.

(b) The provisions of paragraph (a) shall apply

778

F.S. 1983 ENVIRONMENTAL CONTROL Ch. 403

only to the port waters, spoil disposal sites, port harbors, navigation channels, turning basins, and harbor berths used for deepwater commercial navigation in the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, and Pensacola.

History.-s. 3, ch. 67-436; s. 1, ch. 78-98; ss. 1, 5, ch. 81-228.

403.031 Definitions.-In construing this chapter, or rules and regulations adopted pursuant thereto, the words, phrases or terms, unless the context otherwise indicates, shall have the following meanings:

(1) "Department" is the Department of Environmental Regulation.

(2) "Pollution" is the presence in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or manmade or man-induced alteration of the chemical, physical, biological, or radiological integrity of air or water in quantities or at levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unreasonably interfere with the enjoyment of life or property, including outdoor recreation.

(3) "Waters" shall include, but not be limited to rivers, lakes, streams, springs, impoundments, and all other waters or bodies of water, including fresh, brackish, saline, tidal, surface or underground. Waters owned entirely by one person other than the state are included only in regard to possible discharge on other property or water. Underground waters include, but are not limited to, all underground waters passing through pores of rock or soils or flowing through in channels, whether manmade or natural.

(4) "Contaminant" is any substance which is harmful to plant, animal or human life.

(5) "Wastes" means sewage, industrial wastes, and all other liquid, gaseous, solid, radioactive, or other substances which may pollute or tend to pollute any waters of the state.

(6) "Treatment works" and "disposal systems" means any plant or other works used for the purpose of treating, stabilizing, or holding wastes.

(7) "Sewerage system" means pipelines or conduits, pumping stations, and force mains, and all other structures, devices, appurtenances, and facilities used for collecting or conducting wastes to an ultimate point for treatment or disposal.

(8) "Installation" is any structure, equipment, facility, or appurtenances thereto, or operation which may emit air or water contaminants in quantities prohibited by rules of the department.

(9) "Plant" is any unit operation, complex, area, or multiple of unit operations that produce, process, or cause to be processed any materials, the processing of which can, or may, cause air or water pollution.

(10) "Source" is any and all points of origin of the item defined in subsection (4), whether privately or publicly owned or operated.

(11) "Person" means the state or any agency or institution thereof, any municipality, political subdivision, public or private corporation, individual, partnership, association, or other entity, and includes any officer or governing or managing body of any munici-

pality, political subdivision, or public or private corporation.

(12) "Effluent limitations" means any restriction established by the department on quantities, rates, or concentrations of chemical, physical, biological, or other constituents which are discharged from sources into waters of the state.

History.-s. 4, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 71-36; B. 2, ch. 71-137; B. 153, ch. 71-377; B. 1, ch. 73-46; B. 112, ch. 73-333; ss. 1, 2, ch. 74-133; B. 1, ch. 77-174; s. 72, ch. 79-65.

403.051 Meetings; hearings and procedure.

(1) The department shall cause a transcript of the proceedings at all meetings to be made.

(2)(a) Any department planning, design, construction, modification, or operating standards, criteria, and requirements for treatment works, disposal systems, and sewerage systems for wastes from any source shall be promulgated as a rule or regulation.

(b) The department shall not withhold the issuance of a permit to consider matters not addressed by the permit application or to consider standards, criteria, and requirements not adopted as required by paragraph (a).

History.-s. 6, ch. 67-436; ss. 26, 35, ch. 69-106; B. 1, ch. 70-84; B. 2, ch. 71-137; B. 1, ch. 71-138; B. 154, ch. 71-377; B. 1, ch. 72-223; B. 1, ch. 74-308; B. 14, ch. 78-95; s. 58, ch. 83-218.

403.061 Department; powers and duties. -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 and regulations adopted and promulgated by it, and for this purpose to:

(1) Approve and promulgate current and long-range plans developed to provide for air and water quality control and pollution abatement.

(2) Hire only such employees as may be necessary to effectuate the responsibilities of the department.

(3) Utilize the facilities and personnel of other state agencies, including the Department of Health and Rehabilitative Services, and delegate to any such agency any duties and functions as the department may deem necessary to carry out the purposes of this act.

(4) Secure necessary scientific, technical, research, administrative, and operational services by interagency agreement, contract, or otherwise. All state agencies, upon direction of the department, shall make these services and facilities available.

(5) Accept state appropriations, loans and grants from the Federal Government and from other sources, public or private, which loans and grants shall not be expended for other than the purposes of this act.

(6) Exercise general supervision of the administration and enforcement of the laws, rules, and regulations pertaining to air and water pollution.

(7) Adopt, modify, and repeal rules and regulations to carry out the intent and purposes of this act. Any rules or regulations adopted pursuant to this act shall be consistent with the provisions of federal law, if any, relating to control of emissions from motor vehicles, effluent limitations, pretreatment requirements, or standards of performance. Rules adopted

779

Ch.403 ENVIRONMENTAL CONTROL F.S. 1983

pursuant to this act shall not require dischargers of waste into waters of the state to improve natural background conditions. The department may not adopt standards more stringent than federal regulations, except as provided in s. 403.804.

(8) Issue such orders as may be necessary to effectuate the control of air and water pollution and enforce the same by all appropriate administrative and judicial proceedings.

(9) Adopt a comprehensive program for the prevention, control, and abatement of pollution of the air and waters of the state, and from time to time review and modify such program as necessary.

(10) Develop a comprehensive program for the prevention, abatement, and control of the pollution of the waters of the state. In order to effect this purpose, a grouping of the waters into classes may be made in accordance with the present and future most beneficial uses. Such classifications may from time to time be altered or modified. However, before any such classification is made, or any modifications made thereto, public hearings shall be held by the department.

(11) Establish ambient air quality and water quality standards for the state as a whole or for any part thereof, and also standards for the abatement of excessive and unnecessary noise. The department is authorized to establish reasonable zones of mixing for discharges into waters. No mixing zones for point source discharges shall be permitted in outstanding Florida waters except for:

(a) Sources which have received permits from the department prior to April 1, 1982, or the date of designation, whichever is later;

(b) Blowdown from new power plants certified pursuant to the Florida Electrical Power Plant Siting Act; and

(c) Discharges of water necessary for water management purposes which have been approved by the governing board of a water management district and, if required by law, by the secretary.

may be required for the operation, construction, or expansion of any installation that may be a source of air or water pollution and provide for the issuance and .revocation of such permits and for the posting of an appropriate bond to operate.

(a) Notwithstanding any other provision of this chapter, the Department of Environmental Regulation may authorize, by rule, the Department of Transportation to perform any activity requiring a permit from the Department of Environmental Regulation covered by this chapter, upon certification by the Department of Transportation that it will meet all requirements imposed by statute, rule, or standard for environmental control and protection as such statute, rule, or standard applies to a governmental program. To this end, the Department of Environmental Regulation may accept such certification of compliance for programs of the Department of Transportation, may conduct investigations for compliance, and, if a violation is found to exist, may take all necessary enforcement action pertaining thereto, including, but not limited to, the revocation of certification. The authorization shall be by rule of the Department of Environmental Regulation, shall be limited to the maintenance, repair, or replacement of existing structures, and shall be conditioned upon compliance by the Department of Transportation with specific guidelines or requirements which are set forth in the formal acceptance and deemed necessary by the Department of Environmental Regulation to assure future compliance with this chapter and applicable department rules. Failure of the Department of Transportation to comply with any provision of the written acceptance shall constitute grounds for its revocation by the Department of Environmental Regulation.

(b) The provisions of chapter 120 shall be accorded any person when substantial interests will be affected by an activity proposed to be conducted by the Department of Transportation pursuant to its certification and the acceptance of the Department of Environmental Regulation. If a proceeding is con

Nothing in this act shall be construed to invalidate ducted pursuant to s. 120.57, the Department of Enany existing department rule relating to mixing vironmental Regulation may intervene as a party. zones. The department shall cooperate with the De- Should a hearing officer of the Division of Adminispartment of Highway Safety and Motor Vehicles in trative Hearings of the Department of Administrathe development of regulations required by s. tion submit a recommended order pursuant to s. 316.272(1). 120.57, the Department of Environmental Regulation

(12)(a) Cause field studies to be made and sam- shall issue a final department order adopting, rejectpies to be taken out of the air and from the waters of ing, or modifying the recommended order pursuant the state periodically and in a logical geographic to such action. manner so as to determine the levels of air quality of (15) Consult with any person proposing to con-the air and water quality of the waters of the state. struct, install, or otherwise acquire a pollution con-

(b) Determine the source of the pollution when- trol device or system, concerning the efficacy of such ever a study is made or a sample collected which device or system, or the pollution problem which may proves to be below the air or water quality standard be related to the source, device, or system. Nothing in set for air or water. any such consultation shall be construed to relieve

(13) Require persons engaged in operations which any person from compliance with this act, rules and may result in pollution to file reports which may con- regulations of the department or any other provision tain information relating to locations, size of outlet, of law. height of outlet, rate and period of emission and com- (16) Encourage voluntary cooperation by persons position and concentration of effluent, and such oth- and affected groups to achieve the purposes of this er information as the department shall prescribe to act. be filed relative to pollution. (17) Encourage local units of government to han-

(14) Establish a permit system whereby a permit dle pollution problems within their respective juris-

780


dictions on a cooperative basis, and provide technical and consultative assistance therefor.

(18) Encourage and conduct studies, investigations, and research relating to pollution and its causes, effects, prevention, abatement, and control.

(19) Make a continuing study of the effects of the emission of air contaminants from motor vehicles on the quality of the outdoor atmosphere of this state and the several parts thereof, and make recommendations to appropriate public and private bodies with respect thereto.

(20) Collect and disseminate information and conduct educational and training programs relating to pollution.

(21) Advise, consult, cooperate, and enter into agreements with other agencies of the state, the Federal Government, other states, interstate agencies, groups, political subdivisions, and industries affected by the provisions of this act, rules, or policies of the department.

(22) Adopt, modify, and repeal rules governing the specifications, construction, and maintenance of industrial reservoirs, dams, and containers which store or retain industrial wastes of a deleterious nature.

(23) Adopt rules and regulations to ensure that no detergents are sold in Florida after December 31, 1972, which are reasonably found to have a harmful or deleterious effect on human health or on the environment. Any regulations adopted pursuant to this subsection shall apply statewide. Subsequent to the promulgation of such rules and regulations, no county, municipality, or other local political subdivision shall adopt or enforce any local ordinance, special law, or local regulation governing detergents which are less stringent than state law or regulation. Regulations, ordinances, or special acts adopted by a county or municipality governing detergents shall be subject to approval by the department, except that regulations, ordinances, or special acts adopted by any county or municipality with a local pollution control program approved pursuant to s. 403.182 shall be approved as an element of the local pollution control program.

(24)(a) Establish a permit system to provide for spoil site approval, as may be requested and required by local governmental agencies as defined in s. 403.1822(3), or mosquito control districts as defined in s. 388.011(2), to facilitate these agencies in providing spoil sites for the deposit of spoil from maintenance dredging of navigation channels, port harbors, turning basins, and harbor berths, as part of a federal project, when the agency is acting as sponsor of a contemplated dredge and fill operation involving an established navigation channel, harbor, turning basin, or harbor berth. A spoil site approval granted to the agency shall be granted for a period of 10 to 25 years when such site is not inconsistent with an

maintenance dredging operations permitted after July 1, 1980, where the United States Army Corps of Engineers is the prime dredge and fill agent and the local governmental agency is acting as sponsor for the operation, and shall not require the redesignation of currently approved spoil sites under such previous operations.

(25) Establish and administer a program for the restoration and preservation of bodies of water within the state. The department shall have the power to acquire lands, to cooperate with other applicable state or local agencies to enhance existing public access to such bodies of water, and to adopt all rules necessary to accomplish this purpose.

(26)(a) Develop standards and criteria for waters used for deepwater shipping which standards and criteria consider existing water quality; appropriate mixing zones and other requirements for maintenance dredging in previously constructed deepwater navigation channels, port harbors, turning basins, or harbor berths; and appropriate mixing zones for disposal of spoil material from dredging and, where necessary, develop a separate classification for such waters. Such classification, standards, and criteria shall recognize that the present dedicated use of these waters is for deepwater commercial navigation.

(b) The provisions of paragraph (a) shall apply only to the port waters, spoil disposal sites, port harbors, navigation channels, turning basins, and harbor berths used for deepwater commercial navigation in the ports of Jacksonville, Tampa, Port Everglades, Miami, Port Canaveral, Ft. Pierce, Palm Beach, Port Manatee, Port St. Joe, Panama City, and Pensacola.

(27) Establish rules which provide for a special category of water bodies within the state, to be referred to as "outstanding Florida waters," which water bodies shall be worthy of special protection because of their natural attributes. Nothing in this subsection shall affect any existing rules of the department.

(28) Perform any other act necessary to control and prohibit air and water pollution, and to delegate any of its responsibilities, authority, and powers, other than rulemaking powers, to any state agency now or hereinafter established.

(29) Adopt by rule special criteria to protect Class II shellfish harvesting waters. Rules previously adopted by the department in s. 17 -4.28(8)(a), Florida Administrative Code, are hereby ratified and determined to be a valid exercise of delegated legislative authority and shall remain in effect unless amended by the Environmental Regulation Commission.

History.-s. 7, ch. 67-436; ss. 19, 26, 35, ch. 69-106; s. 1, ch. 71-35; s. 2, ch. 71-36; s. 3, ch. 72-39; s. 1, ch. 72-53; s. 113, ch. 73-333; s. 3, ch. 74-133; s. 1, ch. 77-21; s. 137, ch. 77-104; s. 268, ch. 77-147; s. 2, ch. 77-369; s. 14, ch. 78-95; s. 2, ch. 78-437; s. 73, ch. 79-65; s. 1, ch. 79-130; s. 96, ch. 79-164; s. 160, ch. 79-400; s. 1, ch. 80-66; ss. 2, 5, ch. 81-228; s. 5, ch. 82-27; s. 1, ch. 82-79; s. 2, ch. 82-80; s. 66, ch. 83-310. cf.-ss. 403.501-403.517 Florida Electrical Power Plant Siting Act.

adopted local governmental comprehensive plan and 403.0615 Water resources restoration and the requirements of this chapter. The department preservation.-shall periodically review each permit to determine (1) This section may be cited as the "Water Re-compliance with the terms and conditions of the per- sources Restoration and Preservation Act." mit. Such review shall be conducted at least once ev- (2) The Department of Environmental Regula-ery 10 years. tion shall establish a program to assist in the restora-

(b) This subsection shall apply only to those tion and preservation of bodies of water and to en-

781


hance existing public access when deemed necessary for the enhancement of the restoration effort. This program shall be funded from the General Revenue Fund, from funds available from the Pollution Recovery Fund, and from available federal moneys.

(3) The department shall adopt, by rule, criteria for the allocation of restoration and preservation funds. Such criteria shall include, but not be limited to, the following:

(a) The degree of water quality degradation; (b) The degree to which sources of pollution

which have contributed to the need for restoration or preservation have been abated;

(c) The public uses which can be made of the subject waters;

(d) The ecological value of the subject waters in relation to other waters proposed for restoration and preservation;

(e) The implementation by local government of regulatory or management programs to prevent further and subsequent degradation of the subject waters; and

(f) The commitment of local government resources to assist in the proposed restoration and preservation.

(4) There is hereby created the Water Resources Restoration and Preservation Trust Fund for the deposit and disbursement of funds available from the Pollution Recovery Fund and from federal moneys in accordance with the provisions of this act.

(5) The provisions of this act are for the benefit of the public and shall be liberally construed to accomplish the purposes set forth in this act.

History.-ss. I, 4, 5, ch. 77-369; s. 2, ch. 79-130.

403.062 Pollution control; underground, surface, and coastal waters.-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 public or persons lawfully using them.

History.-s. 2, ch. 29834, 1955; ss. 26, 35, ch. 69-106. Note.- Former s. 381.43; s. 381.251.

403.063 Ground water quality monitoring.(!) The department, in cooperation with other

state and federal agencies, water management districts, and local governments, shall establish a ground water quality monitoring network designed· to detect or predict contamination of the ground water resources of the state.

(2) The department may by rule determine the priority of sites to be monitored within such ground water quality monitoring network, based upon the following criteria:

(a) The degree of danger to the public health caused or potentially caused by contamination.

(b) The susceptibility of each site to contamination.

(3) This information shall be made available to state and federal agencies and local governments to facilitate their regulatory and land use planning decisions.

(4) To the greatest extent practicable, the actual sampling and testing of ground water pursuant to the provisions of this section may be conducted by local and regional agencies.

History.-s. 3, ch. 83-310.

403.081 Performance by other state agencies.-All state agencies, including the Department of Health and Rehabilitative Services, shall be available to the Department of Environmental Regulation to perform, at its direction, the duties required of the Department of Environmental Regulation under this act.

History.-s. 9, ch. 67-436; ss. 19, 26, 35, ch. 69-106; s. 269, ch. 77-147.

403.085 Sanitary sewage disposal units; advanced and secondary waste treatment; industrial waste, ocean outfall, inland outfall, or disposal well waste treatment.-

(!) Neither the Department of Health and Rehabilitative Services nor any other state agency, county, special district, or municipality shall approve construction of any ocean outfall or disposal well for sanitary sewage disposal which does not provide for secondary waste treatment and, in addition thereto, advanced waste treatment as deemed necessary and ordered by the Department of Environmental Regulation.

(2) Sanitary sewage disposal treatment plants which discharge effluent through ocean outfalls or disposal wells on July 1, 1970, shall provide for secondary waste treatment and, in addition thereto, advanced waste treatment as deemed necessary and ordered by the Department of ' [Environmental Regulation] by January 3, 1974. Failure to conform by said date shall be punishable by a fine of $500 for each 24-hour day or fraction thereof that such failure is allowed to continue thereafter.

(3) Neither the Department of Health and Rehabilitative Services nor any other state agency, county, special district, or municipality shall approve construction of any ocean outfall, inland outfall, or disposal well for the discharge of industrial waste of any kind which does not provide for secondary waste treatment or such other treatment as is deemed necessary and ordered by the Department of Environmental Regulation.

(4) Industrial plants or facilities which discharge industrial waste of any kind through ocean outfalls, inland outfalls, or disposal wells on July 1, 1971, shall provide for secondary waste treatment or such other waste treatment as deemed necessary and ordered by January 1, 1973, by the Department of '[Environmental Regulation]. Failure to conform by said date shall be punishable as provided in s. 403.161(2).

History.-ss. I , 2, ch. 70-82; s. 2, ch. 71-137; s. I , ch. 71-274; s. 270, ch. 77-147; s. 74, ch. 79-65.

•Note.- Bracketed words substituted by the editors for words "Pollution Control." See s. 8, ch. 75-22, which transferred the Department of Pollution Control to the Department of Environmental Regulation.

403.086 Sewage disposal facilities; advanced and secondary waste treatment.-

(l)(a) Neither the Department of Health and Rehabilitative Services nor any other state agency, county, special district, or municipality shall approve construction of any facilities for sanitary sewage dis- ·

782


posal which do not provide for secondary waste treatment and, in addition thereto, advanced waste treatment as deemed necessary and ordered by the Department of Environmental Regulation.

(b) No facilities for sanitary sewage disposal constructed after June 14, 1978, shall dispose of any wastes by deep well injection without providing for secondary waste treatment and, in addition thereto, advanced waste treatment deemed necessary by the Department of Environmental Regulation to protect adequately the beneficial use of the receiving waters.

(2) Any facilities for sanitary sewage disposal existing on July 1, 1971, shall provide for secondary waste treatment by January 1, 1973, and, in addition thereto, advanced waste treatment as deemed necessary and ordered by the former Department of Pollution Control or its successor, the Department of Environmental Regulation. Failure to conform by said date shall be punishable by a civil penalty of $500 for each 24-hour day or fraction thereof that such failure is allowed to continue thereafter.

(3) This section shall not be construed to prohibit or regulate septic tanks or other means of individual waste disposal which are otherwise subject to state regulation.

History.-ss. 1, 2, 3, ch. 71 -259; s. 2, ch. 71-137; s. 1, ch. 72-58; s. 271, ch. 77-147; s. 1, ch. 78-206; s. 75, ch. 79-65; s. 1, ch. 80-371; s. 1, ch. 81 -246; s. 262, ch. 81-259.

403.087 Permits; general issuance; denial; revocation; prohibition; penalty.-

(1) No stationary installation which will reasonably be expected to be a source of air or water pollution shall be operated, maintained, constructed, expanded, or modified without an appropriate and currently valid permit issued by the department, unless exempted by department rule. In no event shall a permit for a water pollution source be valid for more than 5 years. However, upon expiration, a new permit may be issued by the department in accordance with this act and the rules and regulations of the department.

(2) The department shall adopt, amend, or repeal rules, regulations, and standards for the issuance, denial, and revocation of permits.

(3) The department shall issue permits on such conditions as are necessary to effect the intent and purposes of this section.

(4) The department shall issue permits to construct, operate, maintain, expand, or modify an installation which may reasonably be expected to be a source of pollution only when it determines that the installation is provided or equipped with pollution control facilities that will abate or prevent pollution to the degree that will comply with the standards or rules promulgated by the department, except as provided in s. 403.088, and which will comply with the prohibitions in 40 C.F.R. 124.41.

(5)(a) The department may require an application fee in an amount sufficient to cover the costs of reviewing and acting upon any application and the costs of surveillance and other field services associated with any permit issued; but the amount in no case shall exceed $100, except that:

1. The permit fee for any of the following permits shall not exceed $500:

a. Air pollution, operation permit. b. Industrial waste, construction permit. c. Domestic waste, temporary operation permit. d. Industrial waste, temporary operation permit. e. Stormwater, temporary operation permit. 2. The permit fee for any of the following permits

shall not exceed $1,000: a. Air pollution, construction permit. b. Dredge and fill, standard form permit. c. Deep well injection, construction permit. d. Deep well injection, operation permit. e. Hazardous waste permit. (b) The fee schedule shall be adopted by rule

based on a sliding scale relating to the size or type of installation which is proposed by the applicant. If the department requires by rule or by permit condition that a permit be renewed more frequently than once every 5 years, the permit fee shall be prorated based upon the permit fee schedule in effect at the time of permit renewal.

(6) A permit issued pursuant to this section shall not become a vested right in the permittee. The department may revoke any permit issued by it if it finds that the permitholder:

(a) Has submitted false or inaccurate information in his application;

(b) Has violated law, department orders, rules, or regulations, or permit conditions;

(c) Has failed to submit operational reports or other information required by department rule or regulation; or

(d) Has refused lawful inspection under s. 403.091.

(7) The department shall not issue a permit to any person for the purpose of engaging in, or attempting to engage in, any activity relating to the extraction of solid minerals not exempt pursuant to chapter 211 within any state or national park or state or national forest when the activity will degrade the ambient quality of the waters of the state or the ambient air within those areas. In the event the Federal Government prohibits the mining or leasing of solid minerals on federal park or forest lands, then, and to the extent of such prohibition, this act shall not apply to those federal lands.

(8) A violation of this section is punishable as provided in this chapter.

History.-s. 1, ch. 71-203; s. 4, ch. 74-133; s. 14, ch. 78-95; s. 14, ch. 82-27; s. 1, ch. 82-54; s. 1, ch. 82-122; s. 59, ch. 83-218.

403.0871 Florida Permit Fee Trust Fund. -There is established within the Department of Environmental Regulation a nonlapsing trust fund to be known as the "Florida Permit Fee Trust Fund." All funds received from applicants for permits pursuant to chapter 253 and s. 403.087(5) shall be deposited in the Florida Permit Fee Trust Fund and shall be used by the department with the advice and consent of the Legislature to supplement appropriations an~ ?ther funds received by the department for the admimstration of its responsibilities under this chapter and chapter 253. In no case shall funds from the Florida Permit Fee Trust Fund be used for salary increases without the approval of the Legislature.

History.-s. 2, ch. 82-122.

783


403.0875 Citation of rule.-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 cannot be accompanied by a rule citation, failure to provide such information cannot be grounds to deny a permit.

History.-s. 7, ch. 79-161.

403.0876 Permits; processing.-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 request for additional information is not authorized by law or departmental rule, the applicant may request a hearing pursuant to s. 120.57. Within 30 days after receipt of such additional information, the department shall review it and may request only that information needed to clarify such additional information or to answer new questions raised by or directly related to such additional information. If the applicant believes the request of the department for such additional information is not authorized by law or departmental rule, the department, at the applicant's request, shall proceed to process the permit application. Permits shall be approved or denied within 90 days after receipt of the original application, the last item of timely requested additional material, or the applicant's written request to begin processing the permit application.

History.- s. 2, ch. 80-66.

into the waters of the state shall make application to the department for an operation permit. Application shall be made on a form prescribed by the department and shall contain such information as the department requires.

(b) If the department finds that the proposed discharge will reduce the quality of the receiving waters below the classification established for them, it shall deny the application and refuse to issue a permit. If the department finds that the proposed discharge will not reduce the quality of the receiving waters below the classification established for them, it may issue an operation permit if it finds that such degradation is necessary or desirable under federal standards and under circumstances which are clearly in the public interest.

(c) A permit shall: 1. Specify the manner, nature, volume, and fre

quency of the discharge permitted; 2. Require proper operation and maintenance of

any pollution abatement facility by qualified personnel in accordance with standards established by the department;

3. Contain such additional conditions, requirements, and restrictions as the department deems necessary to preserve and protect the quality of the receiving waters; and

4. Be valid for the period of time specified thereIll.

(d) An operation permit may be renewed upon application to the department. No renewal permit shall be issued if the department finds that the proposed discharge will reduce the quality of the receiving waters below the classification established for them.

(3)(a) A person who does not qualify for an oper-403.088 Water pollution operation permits; ation permit or has been denied an operation permit

temporary permits; conditions.- under paragraph (b) of subsection (2) may apply to (1) No person, without written authorization of the department for a temporary operation permit.

the department, shall discharge into waters within Application shall be made on a form prescribed by the state any waste which, by itself or in combination the department and shall contain such information with the wastes of other sources, reduces the quality as the department may require. The department may of the receiving waters below the classification estab- require such person to submit any additional inforlished for them. However, this section shall not be mation reasonably necessary for proper evaluation. deemed to prohibit the application of pesticides to (b) The department shall give notice to people waters in the state for the control of insects, aquatic resident in the drainage area of the receiving waters weeds, or algae, provided the application is per- for the proposed discharge concerning the period formed pursuant to a program approved by the De- during which they may present objections to the propartment of Health and Rehabilitative Services, in posed discharge. the case of insect control, or the Department of Nat- (c) After consideration of the application, any adural Resources, in the case of aquatic weed or algae ditional information furnished, and all written objeccontrol. The Department of Environmental Regula- tions submitted, the department shall grant or deny tion is directed to enter into interagency agreements a temporary operation permit. No temporary permit to establish the procedures for program approval. shall be granted by the department unless it affirmaSuch agreements shall provide for public health, wel- tively finds: fare, and safety, as well as environmental factors. Ap- 1. The proposed discharge does not qualify for an proved programs must provide that only chemicals operation permit; approved for the particular use by the Federal En vi- 2. The applicant is . constructing, installing, or ronmental Protection Agency or by the Department placing into operation, or has submitted plans and of Agriculture and Consumer Services may be em- reasonable schedules for constructing, installing or ployed and that they be applied in accordance with placing into operation, an approved pollution abateregistered label instructions, state standards for such ment facility or alternate waste disposal system, or application, and the provisions of the Florida Pesti- that the applicant has a waste for which no feasible cide Law, chapter 487. and acceptable method of treatment or disposal is

(2)(a) Any person intending to discharge wastes known or recognized but is making a bona fide effort

784

F.S. 1983 ENVIRONMENTAL CONTROL Ch.403

through research and other means to discover and implement such a method;

3. The applicant needs permission to pollute the waters within the state for a period of time necessary to complete research, planning, construction, installation, or operation of an approved and acceptable pollution abatement facility or alternate waste disposal system;

4. There is no present, reasonable, alternative means of disposing of the waste other than by discharging it into the waters of the state;

5. The denial of a temporary operation permit would work an extreme hardship upon the applicant;

6. The granting of a temporary operation permit will be in the public interest; or

7. The discharge will not be unreasonably destructive to the quality of the receiving waters.

(d) A temporary operation permit issued shall: 1. Specify the manner, nature, volume, and fre

quency of the discharge permitted; 2. Require the proper operation and maintenance

of any interim or temporary pollution abatement facility or system required by the department as a condition of the permit;

3. Require the permitholder to maintain such monitoring equipment and make and file such records and reports as the department deems necessary to insure compliance with the terms of the permit and to evaluate the effect of the discharge upon the receiving waters;

4. Be valid only for the period of time necessary for the permit holder to place into operation the facility, system, or method contemplated in his application as determined by the department; and

5. Contain other requirements and restrictions which the department deems necessary and desirable to protect the quality of the receiving waters and promote the public interest.

(4)(a) The provisions of this section shall not be construed to repeal or restrict any other provisions of this chapter, but shall be cumulative thereto.

(b) This section shall not be construed to exempt any permittee from the pollution control requirements of any local air and water pollution control rule, regulation, ordinance, or code, or to authorize or allow any violation thereof.

History.-ss. 2, 3, 5, ch. 71-203; s. 1, ch. 73-360; s. 5, ch. 74-133; s. 2, ch. 76-112; s. 1, ch. 77-174; s. 14, ch. 78-95; s. 2, ch. 78-98; s. 97, ch. 79-164; s. 60, ch. 83-218.

403.091 Inspections.-Any duly authorized representative of the department may enter and inspect, at any reasonable time for the purpose of ascertaining the state of compliance with the law or rules and regulations of the department, any property, premises, or place, except a building which is used exclusively for a private residence, on or at which a hazardous waste generator, transporter, or facility or other air or water contaminant source or a resource recovery and management facility is located or is being constructed or installed. No person shall refuse immediate entry or access to any authorized representative of the department who requests entry for purposes of inspection and who presents appropriate credentials; nor shall any person obstruct, hamper, or interfere with any such inspection. The owner or operator of the premises shall receive a report, if re-

quested, setting forth all facts found which relate to compliance status.

History.-s. 10, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 80-302; s. 6, ch. 82-27.

403.092 Package sewage treatment facilities; inspection.-The Department of Environmental Regulation shall implement a program to conduct regular and continuing inspection of package sewage treatment facilities. To the greatest extent possible consistent with the abilities and the financial resources of local governments, the inspection program shall be delegated to local governments.

History.-s. 4, ch. 83-310.

1403.101 Classification and reporting; regulation of operators of water purification plants and wastewater treatment plants.-

(!) The department, by rule, may classify air and water contaminant sources, which sources in its judgment may cause or contribute to air or water pollution, according to levels and types of emissions and other characteristics which relate to air or water pollution, and may require reporting for any such class or classes. Classifications made pursuant to this section may be made for application to the state as a whole or to any designated area of the state, and shall be made with special reference to physical effects on property and effects on health, economic, social, and recreational factors.

(2) Any person operating, or responsible for the operation of, air or water contaminant sources of any class for which the rules of the department require reporting shall make reports containing information as may be required concerning location, size, and height of contaminant outlets, processes employed, fuels used, and the nature and time period or duration of emissions, and such other information as is relevant to air and water pollution and available or reasonably capable of being assembled.

(3) The department is authorized to establish qualifications for, and to examine and certify, water and wastewater treatment plant operators; to issue, deny, revoke, and suspend operator certificates pursuant to its rules and chapter 120; and to charge a fee not in excess of $15 for certification, and to charge a fee not in excess of $30 for application processing and renewal of certification. In assessing fees authorized by this subsection, the department is directed to adjust the fees as needed within the established limits to ensure that generated revenues from the certification program will equal or exceed the cost of operation. Certificate renewal shall be biennial, effective January 1, 1980. A fee not to exceed $5 may be charged for the issuance of a duplicate certificate. Such fees shall be nonrefundable.

(4) No person shall perform the duties of operator of a water or wastewater treatment plant unless he holds a current operator's certificate issued by the department. However, this section shall not apply to public lodging establishments licensed under chapter 509. No owner of a water or wastewater plant shall employ any person to perform the duties of an operator unless such person possesses a valid certificate at the required level of certification.

785


(5) All funds collected pursuant to this section shall be deposited in the General Revenue Fund.

(6) The department may promulgate rules and minimum standards to effectuate the provisions of this section and to ensure efficient, hygienic water purification and wastewater treatment operations in this state.

(7) For purposes of this section, "operator" means any person, including the owner, who is principally engaged in, and is in charge of, the actual operation, supervision, and maintenance of a drinking water purification plant or a domestic wastewater treatment plant and includes the person in charge of a shift or period of operation during any part of the day.

History.-s. 11, ch. 67·436; ss. 26, 35, ch. 69·106; s. 18, ch. 77·337; s. 161 , ch. 79-400; s. 3, ch. 80-66; s. 2, ch. 81-318; ss. 1, 2, 3, ch. 82-44.

'Note.- Expires October I , 1992, pursuant to s. 3, ch. 82-44, and is scheduled for review pursuant to s. 11.61 in advance of that date.

403.111 Confidential records.-Any information, other than effluent data, relating to secret processes, methods of manufacture or production which may be required, ascertained, or discovered by inspection or investigation, shall not be disclosed in public hearings and shall be kept confidential by any member, officer, or employee of the department. Provided that nothing herein shall be construed to prevent the use of such records in judicial proceedings in connection with the prosecution of violations of this act, when ordered to be produced by appropriate subpoena or by order of the court. No such subpoena or order of the court shall abridge or alter the rights or remedies of persons affected in the protection of trade secrets or secret processes, in the manner provided by law, and such persons affected may take any and all steps available by law to protect such trade secrets or processes.

History.-s. 12, ch. 67-436; ss. 26, 35, ch. 69-106; s. 6, ch. 74-133.

403.121 Enforcement; procedure; remedies. -The department shall have the following judicial and administrative remedies available to it for violations of this chapter, as specified in s. 403.161(1).

(1) Judicial remedies: (a) The department may institute a civil action in

a court of competent jurisdiction to establish liability and to recover damages for any injury to the air, waters, or property, including animal, plant, and aquatic life, of the state caused by any violation.

(b) The department may institute a civil action in a court of competent jurisdiction to impose and to recover a civil penalty for each violation in an amount of not more than $10,000 per offense. However, the court may receive evidence in mitigation. Each day during any portion of which such violation occurs constitutes a separate offense.

(c) It shall not be a defense to, or ground for dismissal of, these judicial remedies for damages and civil penalties that the department has failed to exhaust its administrative remedies, has failed to serve a notice of violation, or has failed to hold an administrative hearing prior to the institution of a civil action.

(2) Administrative remedies: (a) The department may institute an administra

tive proceeding to establish liability and to recover damages for any injury to the air, waters, or property,

including animal, plant, or aquatic life, of the state caused by any violation. The department may order that the violator pay a specified sum as damages to the state. Judgment for the amount of damages determined by the department may be entered in any court having jurisdiction thereof and may be enforced as any other judgment.

(b) If the department has reason to believe a violation has occurred, it may institute an administrative proceeding to order the prevention, abatement, or control of the conditions creating the violation or other appropriate corrective action.

(c) An administrative proceeding shall be instituted by the department's serving of a written notice of violation upon the alleged violator by certified mail. The notice shall specify the provision of the law, rule, regulation, permit, certification, or order of the department alleged to be violated and the facts alleged to constitute a violation thereof. An order for corrective action may be included with the notice. However, no order shall become effective until after service and an administrative hearing, if requested within 20 days after service. Failure to request an administrative hearing within this time period shall constitute a waiver thereof.

(d) Nothing herein shall be construed as preventing any other legal or administrative action in accordance with law.

History.-s. 13, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-114; s. I, ch. 70-139; s. 349; ch. 71-136; s. 112, ch. 71-355; s. 1, ch. 72-286; s. 138, ch. 77-104; s. 1, ch. 77-117; s. 14, ch. 78-95; s. 263, ch. 81-259.

403.131 Injunctive relief, cumulative remedies.-

(1) The department may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter or any rule, regulation, permit certification, or order; to enjoin any violation specified in s. 403.161(1); and to seek injunctive relief to prevent irreparable injury to the air, waters, and property, including animal, plant, and aquatic life, of the state and to protect human health, safety, and welfare caused or threatened by any violation.

(2) All the judicial and administrative remedies in this section and s. 403.121 are independent and cumulative except that the judicial and administrative remedies to recover damages are alternative and mutually exclusive.


403.141 Civil liability; joint and several liability.-

(1) Whoever commits a violation specified in s. 403.161(1) is liable to the state for any damage caused to the air, waters, or property, including animal, plant, or aquatic life, of the state and for reasonable costs and expenses of the state in tracing the source of the discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including animal, plant, and aquatic life, of the state to their former condition, and furthermore is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than $10,000 per offense. However, the court may receive evidence in mitigation. Each day

786


during any portion of which such violation occurs constitutes a separate offense. Nothing herein shall give the department the right to bring an action on behalf of any private person.

(2) Whenever two or more persons pollute the air or waters of the state in violation of this chapter or any rule, regulation, or order of the department so that the damage is indivisible, each violator shall be jointly and severally liable for such damage and for the reasonable cost and expenses of the state incurred in tracing the source of discharge, in controlling and abating the source and the pollutants, and in restoring the air, waters, and property, including the animal, plant, and aquatic life of the state, to their former condition. However, if said damage is divisible and may be attributed to a particular violator or violators, each violator is liable only for that damage attributable to his violation.

(3) In assessing damages for fish killed, the value of the fish is to be determined in accordance with a table of values for individual categories of fish which shall be promulgated by the department. At the time the table is adopted, the department shall utilize tables of values established by the Department of Natural Resources and the Game and Fresh Water Fish Commission. The total number of fish killed may be estimated by standard practices used in estimating fish population.

( 4) The damage provisions of this section shall not apply to damage resulting from the application of federally approved or state-approved chemicals to the waters in the state for the control of insects, aquatic weeds, or algae, provided the application of such chemicals is done in accordance with a program approved pursuant to s. 403.088(1) and provided said application is not done negligently.

History.-s. 15, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-141; 8. 1, ch. 71-204; 8. 3, ch. 72-286; s. 7, ch. 74-133; 8. 1, ch. 76-112; s. 3, ch. 78-98.

403.151 Compliance with rules or orders of department.-All rules or orders of the department which require action to comply with standards adopted by it, or orders to comply with any provisions of this act, may specify a reasonable time for such compliance.

History.-s. 16, ch. 67-436; ss. 26, 35, ch. 69-106.

403.161 Prohibitions, violation, penalty, intent.-

(1) It shall be a violation of this chapter, and it shall be prohibited:

(a) To cause pollution, except as otherwise provided in this chapter, so as to harm or injure human health or welfare, animal, plant, or aquatic life or property.

(b) To fail to obtain any permit required by this chapter or by rule or regulation, or to violate or fail to comply with any rule, regulation, order, permit, or certification adopted or issued by the department pursuant to its lawful authority.

(c) To knowingly make any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter, or to falsify, tamper with, or knowingly render inaccurate any monitoring device or method required to be main-

tained under this chapter or by any permit, rule, regulation, or order issued under this chapter.

(2) Whoever commits a violation specified in subsection (1) is liable to the state for any damage caused and for civil penalties as provided in s. 403.141.

(3) Any person who willfully or negligently commits a violation specified in subsections (1)(a) or (b) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g) by a fine of not less than $2,500 or more than $25,000, or punishable by 1 year in jail, or by both for each offense. Each day during any portion of which such violation occurs constitutes a separate offense.

(4) Any person who commits a violation specified in subsection (l)(c) shall be guilty of a misdemeanor of the first degree punishable as provided in ss. 775.082(4)(a) and 775.083(1)(g) by a fine of not more than $10,000 or by 6 months in jail, or by both for each offense.

(5) It is the legislative intent that the civil penalties and criminal fines imposed by the court be of such amount as to insure immediate and continued compliance with this act.

History.-s. 17, ch. 67-436; ss. 26, 35, ch. 69-106; s. 1, ch. 70-356; 8. 1, ch. 70-439; 8. 4, ch. 72-286; s. 8, ch. 74-133; 8. 139, cb. 77-104; 8. 1, cb. 77-174.

403.165 Use of pollution awards; pollution recovery fund.-

(1) Any moneys recovered by the state in an action against any person who has polluted the air, soil, or water of the state in violation of this chapter shall be used to restore the polluted area which was the subject of suit to its former condition.

(2) There is hereby created a Pollution Recovery Fund which is to be supervised and used by the department to restore polluted areas of the state, as defined by the department, to the condition they were in before pollution occurred. The fund shall consist of all moneys specified in subsection (1) . The moneys shall be disbursed first to pay all amounts necessary to restore the respective polluted areas which were the subjects of state actions. Any moneys remaining in the fund shall then be used by the department, as it sees fit, to pay for any work needed to restore areas which required more money than the state was able to obtain by court action or otherwise or to restore areas in which the state brought suit but was unable to recover any moneys from the alleged violators.

History.-8. 5, ch. 72-286.

403.1655 Environmental short-term emergency response program.-

(!) It is the purpose of this section to provide a mechanism through which the state can immediately respond to short-term emergencies involving a threat to or an actual contamination of surface and ground water. It is the intent of the Legislature that the department provide not only technical assistance when responding to these short-term emergencies, but also financial resources to respond to emergencies which pose an immediate environmental or public health threat.

(2) The department shall be the lead agency for

787


interdepartmental coordination relating to water pollution, toxic substances, and hazardous waste and other environmental and health emergencies not specifically designated within other statutes.

(3) The Water Quality Assurance Trust Fund shall be utilized to enable the department to respond during an emergency to incidents which threaten the environment or public health when otherwise responsible parties do not adequately respond.

(4) The department shall adopt rules for the purposes of this section.

History.-s. 42, ch. 83-310.

403.1815 Construction of water distribution mains and sewage collection laterals; local regulation.-Notwithstanding any other provision of this chapter to the contrary, the department may, upon request, allow any county or municipality to regulate independently the construction of water distribution mains and sewage collection laterals of 10 inches or less in size which may be connected to any water system or sewerage system owned by the county or municipality. In considering such request, the department shall determine the administrative and engineering ability of a county or municipality to administer and comply with the requirements of this section. In the event the department allows any county or municipality to regulate independently the construction of such water distribution mains and sewage collection laterals, these types of construction projects shall be exempt from department permit requirements. However, nothing in this section shall relieve a county or a municipality from any requirement to obtain the necessary permits for construction activities in waters of the state or of the United States or from complying with all other provisions of this chapter and rules promulgated thereunder. The exemption provided by this section shall not apply to any lateral connection to any water or sewerage system which the department has deemed to be in substantial noncompliance with applicable laws and standards if the department has so notified the respective county or municipality. Each county or municipality granted such authority shall submit monthly reports to the department of the number of connections and geographical location of such connections made to any sewerage system owned by such county or municipality and shall, not later than July 1 of each year, submit an updated map of any water distribution system and sewage collection system owned by the county or municipality. Such map shall indicate the extensions of such water mains and sewer laterals constructed for the preceding year.

History.-s. 1, ch. 80-394.

403.182 Local pollution control programs.(!) Each county and municipality or any combi

nation thereof may establish and administer a local pollution control program if it complies with this act. Local pollution control programs in existence on the effective date of this act shall not be ousted of jurisdiction if such local program complies with this act. All local pollution control programs, whether established before or after the effective date of this act, must:

(a) Be approved by the department as adequate to meet the requirements of this act and any applicable rules and regulations pursuant thereto.

(b) Provide by ordinance, regulation, or local law for requirements compatible with, or stricter or more extensivE! than those imposed by this act and regulations issued thereunder.

(c) Provide for the enforcement of such requirements by appropriate administrative and judicial process.

(d) Provide for administrative organization, staff, financial and other resources necessary to effectively and efficiently carry out its program.

(2) The department' shall have the exclusive authority and power to require and issue permits; provided, however, that the department may delegate its power and authority to local pollution control organizations if the department finds it necessary or desirable to do so.

(3) If the department finds that the location, character or extent of particular concentrations of population, contaminant sources, the geographic, topographic or meteorological considerations, or any combinations thereof, are such as to make impracticable the maintenance of appropriate levels of air and water quality without an areawide pollution control program, the department may determine the boundaries within which such program is necessary and require it as the only acceptable alternative to direct state administration.

(4)(a) If the department has reason to believe that a pollution control program in force pursuant to this section is inadequate to prevent and control pollution in the jurisdiction to which such program relates, or that such program is being administered in a manner inconsistent with the requirements of this act, it shall proceed to determine the matter.

(b) If the department determines that such program is inadequate to prevent and control pollution in the municipality or county or municipalities or counties to which such program relates, or that such program is not accomplishing the purposes of this act, it shall require that necessary corrective measures be taken within a reasonable period of time, not to exceed 90 days.

(c) If the municipality, county, or municipalities or counties fail to take such necessary corrective action within the time required, the department shall administer within such municipality, county, or municipalities or counties all of the regulatory provisions of this act. Such pollution control program shall supersede all municipal or -county pollution laws, regulations, ordinances and requirements in the affected jurisdiction.

(d) If the department finds that the control of a particular class of contaminant source because of its complexity or magnitude is beyond the reasonable capability of the local pollution control authorities or may be more efficiently and economically performed at the state level, it may assume and retain jurisdiction over that class of contaminant source. Classifications pursuant to this paragraph may be either on the basis of the nature of the sources involved or on the basis of their relationship to the size of the communities in which they are located.

788


(5) Any municipality or county in which the department administers its pollution control program pursuant to subsection (4) of this section may with the approval of the department establish or resume a municipal or county pollution control program which meets the requirements of subsection (1) of this section.

(6) Notwithstanding the existence of any local pollution control program, whether created by a county or municipality or a combination thereof or by a special law, the department shall have jurisdiction to enforce the provisions of this chapter and any rules, regulations, or orders issued pursuant to this chapter throughout the state; however, whenever rules, regulations, or orders of a stricter or more stringent nature have been adopted by a local pollution control program, the department, if it elects to assert its jurisdiction, shall then enforce the stricter rules, regulations, or orders in the jurisdiction where they apply.

(7) It shall be a violation of this chapter to violate, or fail to comply with, a rule, regulation, or order of a stricter or more stringent nature adopted by a local pollution control program, and the same shall be punishable as provided by s. 403.161. If any local program changes any rule, regulation, or order, whether or not of a stricter or more stringent nature, such change shall not apply to any installation or source operating at the time of such change in conformance with a currently valid permit issued by the Department of Environmental Regulation.

(8) Nothing in this act shall prevent any local pollution control program from enforcing its own rules, regulations, or orders. All remedies of the Department of Environmental Regulation under this chapter shall be available, as an alternative to local enforcement provisions, to each local pollution control program to enforce any provision of local law. When the department and a local program institute separate lawsuits against the same party for violation of a state or local pollution law, rule, regulation, or order arising out of the same act, the suits shall be consolidated when possible.

(9) Each local pollution control program shall cooperate with and assist the department in carrying ·out its powers, duties, and functions.

History.-s. 19, ch. 67-436; ss. 26, 35, ch. 69-106; s. 2, ch. 71-1 37; ss. 1, 2, ch. 73-256; s. 14, ch. 78-95; s. 76, ch. 79-65.

403.1821 Water pollution control and sewage treatment.-Sections 403.1821-403.1832 shall be known and cited as the "Florida Water Pollution Control and Sewage Treatment Plant Grant Act."

History.-s. 1, ch. 70-251; s. 47, ch. 83-310. cf.-s. 403.1835 Sewage treatment facilities revolving loan program.

403.1822 Definitions 403.1821-403.1832.-As 403.1821-403.1832, the term:

for used in

ss. ss.

(1) "Department" refers to the Department of Environmental Regulation.

(2) "Grants," "grant," "state grants," or "state grant" refers to disbursements from the State Water Pollution Control Trust Fund pursuant to s . 403.1825.

(3) "Local governmental agencies" refers to any municipality, county, district, or authority, or any agency thereof, or a combination of two or more of the foregoing, acting jointly in connection with a project, having jurisdiction over collection, transmission, treatment, or disposal of sewage, industrial wastes, or other wastes.

( 4) "Project" means all or part of a sewage treatment or disposal facility, or other cost-effective alternative, and may include the construction or reconstruction of existing sewage collection or transmission lines.

History.-s. 2, ch. 70-251; s. 1, ch. 70-439; s. 2, ch. 71-137; s. 113, ch. 71-355; s. 77, ch. 79-65; s. 48, ch. 83-310.

403.1823 Department of Environmental Regulation; rulemaking authority; administration of funds.-The department shall:

(1) Promulgate rules and regulations to carry out the purposes of ss. 403.1821-403.1832.

(2) Administer and control all funds appropriated to or received by the department for the purposes of ss. 403.1821-403.1832.

History.-s. 3, ch. 70-251; s. 1, ch. 70-439; s. 49, ch. 83-310.

403.1824 State Water Pollution Control Trust Fund.-A trust fund to be known as the "State Water Pollution Control Trust Fund" is established in the State Treasury to be used for state grants to local governmental agencies for the construction or reconstruction of sewage collection, transmission, treatment, or disposal facilities or cost-effective alternatives. All funds received by the department to carry out the purposes of ss. 403.1821-403.1832 shall be deposited in this fund; however, at least 45 percent of the funds received by the department and deposited in this fund shall be transferred to the Small Community Sewer Construction Assistance Trust Fund. The department may expend up to 2 percent of the State Water Pollution Control Trust Fund to cover the cost of reviewing and acting upon grant applications by a local governmental agency and the cost of surveillance and other field services associated with the application.


403.1825 Grant payments.-Warrants for the payment of grants to local governmental agencies or increments thereof from the Water Pollution Control Trust Fund shall be issued by the State Comptroller upon certification to him by the department that such payments are due and payable under the department's published rules and regulations.

History.-s. 5, ch. 70-251; s. 1, ch. 70-439.

403.1826 Grants, requirements for eligibility.-

(1) Grants shall be made under ss . 403.1821-403.1832 for projects eligible as provided in rules of the department. Only those projects to be constructed after the effective date of this act are eligible for grants pursuant to this act.

(2) No grant may be made for any project unless such project and the plans and specifications therefor are approved by the department, subject to such requirements as the department imposes. The costs for

789


advanced waste treatment facilities, or portions thereof, required for discharge to surface waters or ground water protection or protection of public health are eligible for funding.

(3) No grant may be made until the local governmental agency has available to it that part of the total cost of the project which is in excess of the applicable grant.

(4) The department shall require local governmental funds in the amount of 45 percent of eligible project costs as determined by rules of the department. The department is authorized to establish a maximum amount for a grant pursuant to this act.

(5) Grants made under ss. 403.1821-403.1832 shall be paid to the local governmental agency as provided by department rule.

(6) No grant may be made unless the local governmental agency assures the department of the proper and efficient operation and maintenance of the project after construction. Revenue sufficient to ensure that the facility will be self-supporting shall be generated from sources, including, but not limited to, service charges and connection fees and shall reflect the amortized capital investment in existing facilities as well as the cost of the facility for which the grant is sought.

(7) No grant may be made unless the local governmental agency has filed properly executed forms and applications prescribed by the department.

(8) Any local government agency receiving assistance under ss. 403.1821-403.1832 shall keep such records as the department prescribes, including records which fully disclose the amount and disposition by the recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with such assistance given or used, the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. The department and the Auditor General or any of their duly authorized representatives shall have access, for the purpose of audit and examination, to any books, documents, papers, and records of the recipient that are pertinent to grants received under ss. 403.1821-403.1832.

(9) Any project satisfactorily planned and designed in accordance with the requirements of the United States Environmental Protection Agency is eligible for funding under this act.

History.- s. 6, ch. 70-251; s. 1, ch. 70-439; s. 51, ch. 83-310.

403.1829 Funding of projects; priorities. -Eligible projects shall be funded according to priorities established by department rule. Such priorities shall be established according to the extent each project is intended to remove, mitigate, or prevent adverse effects on surface or ground water quality and public health. Advanced waste treatment facilities or portions thereof which are required for discharge to surface waters or ground water protection or protection of public health, which are required by the department, and which are determined to be ineligible for federal funding are eligible for supplemental state funding under this act.


403.1832 Department to accept federal aid. -The department is designated as the administrative agency of the state to apply for and accept any funds or other aid and to cooperate and enter into contracts and agreements with the Federal Government relating to the planning, design, construction, operation, maintenance, and enforcement activities of the program to provide clean water and pollution abatement of the waters of the state or to any other related purpose which the Congress of the United States has authorized or may authorize. The department is authorized in the name of the state to make such applications, sign such documents, give such assurances, and do such other things as are necessary to obtain such aid from or cooperate with the United States Government or any agency thereof. The department may consent to enter into contracts and agreements and cooperate with any other state agency, local governmental agency, person, or other state when it is necessary to carry out the provisions of ss. 403.1821-403.1832.


403.1834 State bonds to finance or refinance facilities; exemption from taxation.-

(!) The issuance of state bonds to finance or refinance the construction of water supply and distribution facilities, and air and water pollution control and abatement and solid waste disposal facilities, payable primarily from the pledged revenues provided for by s. 14, Art. VII of the State Constitution or from such pledged revenues and the full faith and credit of any county, municipality, district, authority, or any agency thereof, and pledging the full faith and credit of the state as additional security, is authorized, subject and pursuant to the provisions of s. 14, Art. VII of the State Constitution, the provisions of the State Bond Act, ss. 215.57-215.83, as amended, and the provisions of this section.

(2) The State Board of Administration is designated as the state fiscal agency to make the determinations required by s. 14, Art. VII of the State Constitution in connection with the issuance of such bonds.

(3) The amount of the state bonds to be issued shall be determined by the Division of Bond Finance of the Department of General Services. However, the total principal amount issued shall not exceed $200,000,000 in any state fiscal year.

(4) The facilities to be financed or refinanced with the proceeds of such state bonds shall be determined and approved by the Department of Environmental Regulation and may be constructed, acquired, maintained, and operated by any county, municipality, district, or authority, or any agency thereof, or by the department.

(5) The Department of Environmental Regulation and the Division of Bond Finance of the Department of General Services are hereby authorized to enter into lease-purchase agreements between such departments or to enter into lease-purchase agreements or loan agreements between either of such departments and any county, municipality, district, or authority, or any agency thereof, for such periods and under such other terms and conditions as may be mutually agreed upon by the parties thereto in order to

790

--------------------------------~-------------------------------


carry out the purposes of s. 14, Art. VII of the State Constitution, and this section.

(6) The Department of Environmental Regulation shall have power to fix, establish, and collect fees, rentals, or other charges for the use or benefit of said facilities, or may delegate such power to any county, municipality, district, authority, or any agency thereof under such terms and conditions and for such periods as may be mutually agreed upon.

(7) It is found and declared that said facilities will constitute a public governmental purpose necessary for the health and welfare of all the inhabitants of the state, and none of said facilities or said state bonds or the interest thereon shall ever be subject to taxation by the state or any political subdivision or agency thereof. The exemption granted by this subsection shall not be applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations.

(8) As used in this section, "water supply and distribution facilities" means a waterworks system as defined in s. 159.02(9) which is constructed, owned, or operated by a county, municipality, water management district created by chapter 373, or regional water supply authority created pursuant to chapter 373, or a water facility of an authority created by chapter 76-441, Laws of Florida, as amended by chapter 80-546, Laws of Florida.

History.- ss. 1, 2, 3, 4, 5, 6, 7, ch. 70-270; s. 1, ch. 70-439; s. 2, ch. 71-137; s. 4, ch. 73-256; s. 14, ch. 73-327; s. 78, ch. 79-65; s. 1, ch. 81-21; s. 61 , ch. 83-218.

403.1835 Sewage treatment facilities revolving loan program.-

(1) The purpose of this section is to assist in implementing the legislative declaration of public policy as contained in s. 403.021 by establishing a loan program to accelerate construction of sewage treatment facilities by local governmental agencies.

(2) For the purposes of this section, the following terms, unless the context otherwise indicates, shall have the meanings ascribed them in this subsection:

(a) "Local governmental agencies" means local governmental agencies as defined ins. 403.1822(3).

(b) "Sewage treatment facilities~' means all facilities necessary, including land, for the collection, treatment, and disposal of sewage and other water pollutants.

(3) The Department of Environmental Regulation is authorized to make loans to local governmental agencies to assist said agencies in the planning, designing, and preparation of environmental assessment studies for sewage treatment facilities. Loans may be made to local governmental agencies for interim financing for constructing, modifying, upgrading, and acquiring lands for sewage treatment facilities if the department has approved a permanent financing plan for said agencies through participation in the state pollution bonds program pursuant to s. 14, Art. VII, State Constitution, or through the issuance of local bonds, evidences of indebtedness, or other acceptable methods of repayment. Local governmental agencies are authorized to borrow funds made available pursuant to this section and may pledge any revenue available to them to repay any funds borrowed.

(4) The term of loans made pursuant to this section shall not exceed three years. The interest rate on loans shall be the same as that paid on the last bonds sold pursuant to s. 14, Art. VII, State Constitution, or 5 percent, whichever is less, except that the interest rate during the first twelve months of any loan shall be one half of the above determined rate.

(5) The department is authorized to make rules and regulations on or before February 1, 1973, necessary to carry out the purpose of this section and shall include in an annual report complete details of the amount loaned, interest earned, and loans outstanding at the end of each fiscal year.

(6) Each loan agreement made pursuant to this section shall provide for the repayment schedule and interest rate. In the event a local governmental agency becomes delinquent on its loan, the department shall so certify to the Comptroller who shall forward the amount delinquent to the department from any funds due to the local governmental agency under any revenue sharing or tax sharing fund established by the state, except as otherwise provided by the State Constitution.

(7) A trust fund to be known as the "Sewage Treatment Loan Fund" is hereby established in the State Treasury to be used as a revolving fund by the department to make loans to local governmental agencies. Any funds therein not needed for loans may be invested pursuant to s. 215.49. All interest earned shall be deposited in the General Revenue Fund, unallocated for appropriation as the Legislature authorizes. The cost of administering this program shall be paid by the department from funds otherwise appropriated to it. All funds available in the sewage treatment loan fund are hereby appropriated to carry out the purpose of this section, and the principal of all loans repaid or investments made shall be deposited into this fund.

(8) On July 1, 1975, the cash balance in the Sewage Treatment Loan Fund shall revert and be transferred to the General Revenue Fund, unallocated. Loan repayments received in the Sewage Treatment Loan Fund after July 1, 1975, shall immediately revert and be transferred to the General Revenue Fund, unallocated.

History.-s. 1, ch. 72-723; s. 79, ch. 79-65.

403.1838 Small Community Sewer Construction Assistance Act.-

(1) This section may be cited as the "Small Community Sewer Construction Assistance Act."

(2)(a) There is established within the Department of Environmental Regulation the Small Community Sewer Construction Assistance Trust Fund.

(b) The funds shall be used by the department to assist small communities with their needs for adequate sewer facilities. The term "small community" means an incorporated municipality with a population of 35,000 or less, according to the latest decennial census.

(3) The department may provide grants to small communities. Grants shall be made from the Small Community Sewer Construction Assistance Trust Fund in accordance with rules adopted by the Environmental Regulation Commission. No grant may exceed $3 million.

791


(4) The Environmental Regulation Commission shall:

(a) Require a 45-percent nonstate match, except that grants of less than $50,000 may be funded 100 percent by the department, and the commission may waive all or a part of the matching requirement:

1. Where water quality standards have been exceeded by an amount that constitutes an immediate health hazard; or

2. In communities where the gross per capita income is below the state average, as determined by the United States Department of Commerce, and where sewer systems have failed to meet department standards.

(b) Require appropriate user charges and connection fees sufficient to ensure the long-term operation and maintenance of the facility to be constructed under any grant.

(c) Require compliance with all water quality standards.

(d) Establish a system to determine eligibility and relative priority for applications for grants by small communities.

(e) Require applications for grants to be submitted on appropriate forms with appropriate supporting documentation, require construction to be in accordance with plans approved by the department, and require recordkeeping.

(5) Any project satisfactorily planned and designed in accordance with the requirements of the United States Environmental Protection Agency is eligible for funding under this act.

History.-s. 55, ch. 83-310.

403.191 Construction in relation to other law.-

(1) It is the purpose of this act to provide additional and cumulative remedies to prevent, abate, and control the pollution of the air and waters of the state. Nothing contained herein shall be construed to abridge or alter rights of action or remedies in equity under the common law or statutory law, criminal or civil, nor shall any provisions of this act, or any act done by virtue thereof, be construed as estopping the state or any municipality, or person affected by air or water pollution, in the exercise of their rights in equity or under the common law or statutory law to suppress nuisances or to abate pollution.

(2) No civil or criminal remedy for any wrongful action which is a violation of any rule or regulation of the department shall be excluded or impaired by the provisions of this chapter.

(3) This act shall limit and restrict the application of chapter 24952, 1947, Laws of Florida, to any person operating any industrial plant that has located in the State of Florida in reliance thereon and exercised rights and powers granted thereby on and before the effective date of this act; provided such person shall henceforth in the exercise of such rights and powers install and use treatment works or control measures generally equivalent to those installed and used by other similar industrial plants pursuant to the requirements of the department.

History.-s. 20, ch. 67-436; ss. 26, 35, ch. 69-106.

403.201 Variances.-(!) Upon application, the department in its dis-

cretion may grant a variance from the provisions of this act or the rules and regulations adopted pursuant hereto. Variances and renewals thereof may be granted for any one of the following reasons:

(a) There is no practicable means known or available for the adequate control of the pollution involved.

(b) Compliance with the particular requirement or requirements from which a variance is sought will necessitate the taking of measures which, because of their extent or cost, must be spread over a considerable period of time. A variance granted for this reason shall prescribe a timetable for the taking of the measures required.

(c) To relieve or prevent hardship of a kind other than those provided for in paragraphs (a) and (b). Variances and renewals thereof granted under authority of this paragraph shall each be limited to a period of 24 months, except that variances granted pursuant to part II may extend for the life of the permit or certification.

(2) The department shall publish notice, or shall require a petitioner for a variance to publish notice, in the Florida Administrative Weekly and in a newspaper of general circulation in the area affected, of proposed agency action; and the department shall afford interested persons an opportunity for a hearing on each application for a variance. If no request for hearing is filed with the department within 14 days of published notice, the department may proceed to final agency action without a hearing.

(3) The department may prescribe such time limits and other conditions to the granting of a variance as it deems appropriate.


403.221 Pending proceedings.-No legal proceedings shall be abated because of any transfers made in this section, but the appropriate party exercising like authority or performing like duties or functions shall be substituted in said proceedings.

History.-s. 23, ch. 67-436.

403.231 Department of Legal Affairs to represent the state.-The Department of Legal Affairs shall represent the state and its agencies as legal adviser in carrying out the provisions of this act.

History.-s. 24, ch. 67-436; ss. 11, 35, ch. 69-106.

403.251 Safety clause.-The Legislature hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health and safety.

History.-s. 27, ch. 67-436.

403.261 Provisions specifying jurisdiction repealed.-All rulemaking jurisdiction over air and water pollution matters held by other agencies within the state on September 1, 1967, is hereby repealed including, but without limitation, such jurisdiction held by the Florida State Board of Health, the Game and Fresh Water Fish Commission, the State Board of Conservation and the several water management districts within the state.

History.-s. 1, ch. 67-436.

792


403.281 Definitions; Weather Modification Law.-As used in this chapter relating to weather modification:

(1) "Department" means the Department of Environmental Regulation.

(2) "Person" includes any public or private corporation.


N ote.-Former s. 373.261.

403.291 Purpose of weather modification law.-The purpose of this law is to promote the public safety and welfare by providing for the licensing, regulation and control of interference by artificial means with the natural precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere.

History.-s. 2, ch. 57-128. Note.- Former s. 373.271.

403.301 Artificial weather modification operation; license required.-No person without securing a license from the department, shall cause or attempt to cause by artificial means condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere, or shall prevent or attempt to prevent by artificial means the natural condensation or precipitation of rain, snow, hail, moisture or water in any form contained in the atmosphere.

History.- s. 3, ch. 57-128; ss. 26, 35, ch. 69-106. Note.-Former s. 373.281.

403.311 Application for licensing; fee.-(1) Any person desiring to do or perform any of

the acts specified in s. 403.301 may file with the department an application for a license on a form to be supplied by the department for such purpose setting forth all of the following:

(a) The name and post-office address of the applicant.

(b) The education, experience and qualifications of the applicant, or if the applicant is not an individual, the education, experience and qualifications of the persons who will be in control and in charge of the operation of the applicant.

(c) The name and post-office address of the person on whose behalf the weather modification operation is to be conducted if other than the applicant.

(d) The nature and object of the weather modification operation which the applicant proposes to con~uct, including a general description of such operabon.

(e) The method and type of equipment and the type and composition of materials that the applicant proposes to use.

(f) Such other pertinent information as the department may require.

(2) Each application shall be accompanied by a filing fee in the sum of $100 and proof of financial responsibility as required by s. 403.321.

History.-s. 4, ch. 57-128; ss. 26, 35, ch. 69-106. Note.- Formers. 373.291.

403.321 Proof of financial responsibility.

(1) No license shall be issued to any person until

he has filed with the department proof of ability to respond in damages for liability on account of accidents arising out of the weather modification operations to be conducted by him in the amount of $10,000 because of bodily injury to or death of one person resulting from any one incident, and subject to said limit for one person, in the amount of $100,000 because of bodily injury to or death of two or more persons resulting from any one incident, and in the amount of $100,000 because of injury to or destruction of property of others resulting from any one incident.

(2) Proof of financial responsibility may be given by filing with the department a certificate of insurance or a bond in the required amount.

History.- s. 5, ch. 57-128; ss. 26, 35, ch. 69-106. Note.- Former s. 373.301.

403.331 Issuance of license; suspension or revocation; renewal.-

(1) The department shall issue a license to each applicant who:

(a) By education, skill and experience appears to be qualified to undertake the weather modification operation proposed in his application.

(b) Files proof of his financial responsibility as required by s. 403.321.

(c) Pays filing fee required ins. 403.311. (2) Each such license shall entitle the licensee to

conduct the operation described in the application for the calendar year for which the license is issued unless the license is sooner revoked or suspended. The conducting of any weather modification operation or the use of any equipment or materials other than those described in the application shall be cause for revocation or suspension of the license.

(3) The license may be renewed annually by payment of a filing fee in the sum of $50.

History.-s. 6, ch. 57-128; ss. 26, 35, ch. 69-106. Note.- Former s. 373.311.

403.341 Filing and publication of notice of intention to operate; limitation on area and time.-Prior to undertaking any operation authorized by the license, the licensee shall file with the department and cause to be published a notice of intention. The licensee shall then confine his activities substantially within the time and area limits set forth in the notice of intention.


403.351 Contents of notice of intention.-The notice of intention shall set forth all of the following:

(1) The name and post-office address of the licensee.

(2) The name and post-office address of the persons on whose behalf the weather modification operation is to be conducted if other than the licensee.

(3) The nature and object of the weather modification operation which licensee proposes to conduct, including a general description of such operation.

(4) The method and type of equipment and the type and composition of the materials the licensee proposes to use.

(5) The area in which and the approximate time during which the operation will be conducted.

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(6) The area which will be affected by the operation as nearly as the same may be determined in ad-vance.

History.-s. 8, ch. 57-128. Note.- Former s. 373.331.

403.361 Publication of notice of intention. -The licensee shall cause the notice of intention to be published at least once a week for 2 consecutive weeks in a newspaper having general circulation and published within any county wherein the operation is to be conducted and in which the affected area is located, or if the operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation and published within each of such counties. In case there is no newspaper published within the appropriate county, publication shall be made in a newspaper having a general circulation within the county.

History.- s. 9, ch. 57-128. Note.- Former s. 373.341.

403.371 Proof of publication.-Proof of publication shall be filed by the licensee with the department 15 days from the date of the last publication of notice. Proof of publication shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice.

History.- s. 10, ch. 57-128; ss. 26, 35, ch. 69-106. Note.- Former s. 373.351.

403.381 Record and reports of operations.

(1) Each licensee shall keep and maintain a record of all operations conducted by him pursuant to his license showing the method employed, the type and composition of materials used, the times and places of operation, the name and post office address of each person participating or assisting in the operation other than licensee and such other information as may be required by the department and shall report the same to the department at such times as it may require.

(2) The records of the department and the reports of all licensees shall be available for public examination.

History.- s. 11, ch. 57-128; ss. 26, 35, ch. 69-106. N ote.- Former s. 373.361.

403.391 Emergency licenses.-Notwithstanding any provisions of this act to the contrary, the department may grant a license permitting a weather modification operation without compliance by the licensee with the provisions of ss. 403.351-403.371, and without publication of notice of intention as required by s. 403.341 if the operation appears to the department to be necessary or desirable in aid of the extinguishment of fire, dispersal of fog, or other emergency.


403.401 Suspension or revocation of license.

-Any license may be revoked or suspended if the department finds that the licensee has failed or refused to comply with any of the provisions of this act.

History.-s. 13, ch. 57-128; s. 21 , ch. 63-512; ss. 26, 35, ch. 69-106; s. 14, ch. 78-95.


403.411 Penalty.-Any person conducting a weather modification operation without first having procured a license, or who shall make a false statement in his application for license, or who shall fail to file any report or reports as required by this act, or who shall conduct any weather modification operation after revocation or suspension of his license, or who shall violate any other provision of this act, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083; and, if a corporation, shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083. Each such violation shall be a separate offense.

History.-s. 14, ch. 57-128; s. 351, ch. 71-136. Note.-Former s. 373.391.

403.412 Environmental Protection Act.-(1) This section shall be known and may be cited

as the "Environmental Protection Act of 1971." (2)(a) The Department of Legal Affairs, any po

litical subdivision or municipality of the state, or a citizen of the state may maintain an action for injunctive relief against:

1. Any governmental agency or authority charged by law with the duty of enforcing laws, rules, and regulations for the protection of the air, water, and other natural resources of the state to compel such governmental authority to enforce such laws, rules, and regulations;

2. Any person, natural or corporate, governmental agency or authority to enjoin such persons, agencies, or authorities from violating any laws, rules or regulations for the protection of the air, water, and other natural resources of the state.

(b) In any suit under paragraph (a), the Department of Legal Affairs may intervene to represent the interests of the state.

(c) As a condition precedent to the institution of an action pursuant to paragraph (a), the complaining party shall first file with the governmental agencies or authorities charged by law with the duty of regulating or prohibiting the act or conduct complained of a verified complaint setting forth the facts upon which the complaint is based and the manner in which the complaining party is affected. Upon receipt of a complaint, the governmental agency or authority shall forthwith transmit, by registered or certified mail, a copy of such complaint to those parties charged with violating the laws, rules, and regulations for the protection of the air, water and other natural resources of the state. The agency receiving such complaint shall have 30 days after the receipt thereof within which to take appropriate action. If such action is not taken within the time prescribed, the complaining party may institute the judicial proceedings authorized in paragraph (a). However, failure to comply with this subsection shall not bar an action for a temporary restraining order to prevent

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immediate and irreparable harm from the conduct or activity complained of.

(d) In any action instituted pursuant to paragraph (a), the court, in the interest of justice, may add as party defendant any governmental agency or authority charged with the duty of enforcing the applicable laws, rules, and regulations for the protection of the air, water and other natural resources of the state.

(e) No action pursuant to this section may be maintained if the person (natural or corporate) or governmental agency or authority charged with pollution, impairment, or destruction of the air, water, or other natural resources of the state is acting or conducting operations pursuant to currently valid permit or certificate covering such operations, issued by the appropriate governmental authorities or agencies, and is complying with the requirements of said permits or certificates.

(f) In any action instituted pursuant to this section, the prevailing party or parties shall be entitled to costs and attorney fees . If the court has reasonable ground to doubt the solvency of the plaintiff or the plaintiffs ability to pay any cost or judgment which might be rendered against him in an action brought under this section, the court may order the plaintiff to post a good and sufficient surety bond or cash.

(3) The court may grant injunctive relief and impose conditions on the defendant which are consistent with and in accordance with law and any rules or regulations adopted by any state or local governmental agency which is charged to protect the air, water, and other natural resources of the state from pollution, impairment, or destruction.

(4) The doctrines of res judicata and collateral estoppel shall apply. The court shall make such orders as necessary to avoid multiplicity of actions.

(5) In any administrative, licensing, or other proceedings authorized by law for the protection of the air, water, or other natural resources of the state from pollution, impairment, or destruction, the Department of Legal Affairs, a political subdivision or municipality of the state, or a citizen of the state shall have standing to intervene as a party on the filing of a verified pleading asserting that the activity, conduct, or product to be licensed or permitted has or will have the effect of impairing, polluting, or otherwise injuring the air, water, or other natural resources of the state.

(6) Venue of any causes brought under this law shall lie in the county or counties wherein the cause of action is alleged to have occurred.

History.- ss. 1, 2, 3, 4, 5, 6, ch. 71-343.

403.413 Florida Litter Law.-(1) SHORT TITLE.-This section shall be

known as and may be cited as the "Florida Litter Law of 1971."

(2) DEFINITIONS.-As used in this section: (a) "Litter" means any garbage, rubbish, trash,

refuse, can, bottle, container, paper, lighted or unlighted cigarette or cigar, or flaming or glowing material.

(b) "Person" means any individual, firm, corporation, or unincorporated association.

(c) "Law enforcement officer" means any officer of the Florida Highway Patrol, county sheriffs' departments, municipal law enforcement departments, law enforcement departments of any other political subdivision, Department of Natural Resources, and Game and Fresh Water Fish Commission. In addition, and solely for the purposes of this section, "law enforcement officer" means any employee of a county or municipal park or recreation department designated by the department head as a litter enforcement officer .

(3) RESPONSIBILITY OF BOARD OF COUNTY COMMISSIONERS.-The board of county commissioners shall determine the training and qualifications of any employee of the county or municipal park or recreation department designated to enforce the provisions of this section if the designated employee is not a regular law enforcement officer.

(4) ACTS PROHIBITED.-It is unlawful for any person · to throw, discard, place, or deposit litter in any manner or amount:

(a) In or on any public highway, road, street, alley, or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor; when any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section;

(b) In or on any freshwater lake, river, or stream or tidal or coastal water of the state; when any litter is thrown or discarded from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or

(c) In or on any private property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local law, rule, or regulation.

(5) PENAL TIES; ENFORCEMENT.-(a) Any person violating the provisions of this

section is guilty of a misdemeanor of the second degree, punishable as provided in ss. 775.082 and 775.083. The court may impose the additional penalties of picking up litter or performing other labor commensurate with the offense committed.

(b) It shall be the duty of all law enforcement officers, as defined herein, to enforce the provisions of this section.

History.- ss. 1, 2, 3, 4, 4A, ch. 71 -239; s. 1, ch. 75-266; s. 1, ch. 77-82; s. 1, ch. 78-202; s. 7, ch. 80-382; s. 1, ch. 82-63.

403.414 Pollution control awards program.

(1) There is hereby created a pollution control awards program to be administered by the Department of Commerce.

(2) Awards under the pollution control awards program may be granted to agencies, municipalities, counties, or other governmental units and private organizations, institutions, industries, communication media, and residents of the state for efforts in preventing or cleaning up pollution as provided by rules and regulations promulgated by the Department of Commerce. Special awards may be granted to those agencies, municipalities, counties, or other governmental units and private organizations, institutions, industries, communication media, and residents of

795


the state who have made an outstanding effort to prevent or clean up pollution as provided by rules and regulations promulgated by the Department of Commerce. All awards and special awards must be approved by the Department of Commerce, but the Department of Environmental Regulation shall have the power to veto any award which, in the opinion of the Department of Environmental Regulation, would be so controversial as to be unadvisable.

(3) Awards or special awards may be presented in the following categories:

(a) Water pollution. (b) Air pollution. (c) Noise pollution. (d) Communication media on pollution problems. (4) Any agency, municipality, county, or other

governmental unit or private organization, institution, industry, communication medium, or resident of the state may submit to the Department of Commerce at any time the name of any agency, municipality, county, or other governmental unit or private organization, institution, industry, communication medium, or resident of the state for consideration for an award or special award. Prior to consideration by the Department of Commerce, nominees shall be required to submit to the department such additional information as the department may require, including, but not limited to, a list of all plant operations and subsidiaries in Florida. The Department of Commerce shall consider such nominations at least twice a year.

(5) The Department of Commerce shall adopt reasonable rules and regulations to carry out the intent and purposes of this act in accordance with chapter 120.

History.-ss. 1. 2, 3, 4, 5, 6, ch. 74-60; s. 81, ch. 79-65; s. 264, ch. 81-259.

403.415 Motor vehicle noise.-(1) SHORT TITLE.-This act shall be known

and may be cited as the "Florida Motor Vehicle Noise Prevention and Control Act of 197 4."

(2)(a) LEGISLATIVE INTENT.-The intent of the Legislature is to implement the state constitutional mandate of s. 7, Art. II of the State Constitution to improve the quality of life in the state by limiting the noise of new motor vehicles sold in the state and the noise of motor vehicles used on the highways of the state.

(b) It is also the intent of the Legislature to recognize the proposed United States Environmental Protection Act Noise Commission Standards Regulations for medium and heavy-duty trucks as being the most comprehensive available and in the best interest of Florida's citizenry and, further, that such regulation shall preempt all state standards not identical to such regulation.

(3) DEFINITIONS.- The following words and phrases when used in this section shall have the meanings respectively assigned to them in this subsection, except where the context otherwise requires:

(a) "dB A" means the composite abbreviation for A-weighted sound level, and the unit of sound level, the decibel.

(b) "Gross combination weight rating" or "GCWR" means the value specified by the manufacturer as the loaded weight of a combination vehicle.

(c) "Gross vehicle weight rating" or "GVWR" means the value specified by the manufacturer as the loaded weight of a single vehicle.

(d) "Motor vehicle" means any vehicle which is self-propelled and any vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails.

(e) "Motorcycle" means any motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, but excluding a tractor.

(f) "Motor-driven cycle" means every motorcycle and every motor scooter with a motor which produces not to exceed 5 brake horsepower, including every bicycle with a motor attached.

(g) "Sound level" means the A-weighted sound pressure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute, Inc., or its successor bodies, except that only A-weighting and fast dynamic response need be provided.

(h) "Vehicle" means any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.

(i) "Department" means the Department of Environmental Regulation.

(4) NEW VEHICLE NOISE LIMITS.-No person shall sell, offer for sale, or lease a new motor vehicle that produces a maximum sound level exceeding the following limits at a distance of 50 feet from the center of the lane of travel under test procedures established under subsection (5):

(a) For motorcycles other than motor-driven cycles:

Date of manufacture Sound level limit

From January 1, 1973, to December 31, 1974 ........... ... ..... ... ...... .... . 86 dB A

On or after January 1, 1975 ........................... 83 dB A (b) For any motor vehicle with a GVWR over

10,000 pounds, for any school bus, and for any multipurpose passenger vehicle, which is defined as a motor vehicle with motive power designed to carry 10 persons or less and constructed either on a truck chassis or with special features for occasional off-road operation:


From January 1, 1973, to December 31, 1976 ................................. 86 dB A

On or after January 1, 1977 ... .... .... ............. ... 83 dB A (c) For motor-driven cycles and any other motor

vehicles not included in paragraph (a) or paragraph (b) :


On or after January 1, 1975 ........................... 80 dB A (5) TEST PROCEDURES.- The test procedures

for determining compliance with this section shall be established by regulation of the Department of Envi-

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ronmental Regulation and in cooperation with the Department of Highway Safety and Motor Vehicles in substantial conformance with applicable standards and recommended practices established by the Society of Automotive Engineers, Inc., or its successor bodies, and the American National Standards Institute, Inc., or its successor bodies, for the measurement of motor vehicle sound levels. Regulations establishing these test procedures shall be promulgated no later than December 1, 1974.

(6) CERTIFICATION.-The manufacturer, distributor, importer, or designated agent thereof shall file a written certificate with the department stating that the specific makes and models of motor vehicles described thereon comply with the provisions of this section. No new motor vehicle shall be sold, offered for sale, or leased unless such certificate has been filed.

(7) NOTIFICATION OF CERTIFICATION.-The department shall notify the Department of Highway Safety and Motor Vehicles of all makes and models of motor vehicles for which valid certificates of compliance with the provisions of this section are filed.

(8) REPLACEMENT EQUIPMENT.-(a) No person shall sell or offer for sale for use as

a part of the equipment of a motor vehicle any exhaust muffler, intake muffler, or other noise abatement device which, when installed, will permit the vehicle to be operated in a manner that the emitted sound level of the vehicle is increased above that emitted by the vehicle as originally manufactured and determined by the test procedures for new motor vehicle sound levels established under this section.

(b) The manufacturer, distributor, or importer, or designated agent thereof, shall file a written certificate with the department that his products sold within this state comply with the requirements of this section for their intended applications.

(9) OPERATING VEHICLE NOISE MEASUREMENTS.-The department shall establish, with the cooperation of the Department of Highway Safety and Motor Vehicles, measurement procedures for determining compliance of operating vehicles with the noise limits of s. 316.293(2). The department shall advise the Department of Highway Safety and Motor Vehicles on technical aspects of motor vehicle noise enforcement regulations, assist in the training of enforcement officers, and administer a sound-level meter loan program for local enforcement agencies.

(10) ENACTMENT OF LOCAL ORDINANCES LIMITED.-The provisions of this section shall be applicable and uniform throughout this state and in all political subdivisions and municipalities therein, and no local authority shall enact or enforce any ordinance on a matter covered by this section unless expressly authorized. However, this subsection shall not prevent any local authority from enacting an ordinance when such enactment is necessary to vest jurisdiction of violation of this section in the local court.

History.-ss. 1, 2, 3, ch. 74-110; ss. I , 2, ch. 75-59; s. 1, ch. 76-289; s. 1, ch. 78-280; s. 82, ch. 79-65; s. 98, ch. 79-164; s. 1, ch. 80-338; s. I, ch. 82-49.

403.4151 Exempt motor vehicles.-The pro-

visions of this act shall not apply to any motor vehicle which is not required to be licensed under the provisions of chapter 320.

History.-s. 7, ch. 74-110.

403.4153 Federal preemption.-On and after the date of promulgation of noise emission standards by the administrator of the United States Environmental Protection Agency for a class of new motor vehicles as described in paragraphs 403.415(4)(a) , (b), or (c), the state sound level limits in effect at that time for that class of vehicles shall be maintained until the federal standards become effective.

History.-s. 2, ch. 76-289.

PART II

ELECTRICAL POWER PLANT SITING

403.501 403.502 403.503 403.504

403.506 403.5063 403.5065

403.507 403.508 403.509 403.5095 403.510

403.511 403.5111

403.512 403.513 403.514 403.515 403.516 403.517

403.519

403.52 403.521 403.522 403.523

403.524 403.525

403.526 403.527 403.5272

403.5275 403.528 403.529 403.531 403.5312

403.5315 403.532

Short title. Legislative intent. Definitions. Department of Environmental Regula-

tion; powers and duties enumerated. Applicability and certification. Notice of intent to file application. Appointment of hearing officer; determi-

nation of completeness; amendment to the application.

Reports and studies. Proceedings, parties, participants. Final disposition of application. Alteration of time limits. Superseded laws, regulations, and certifi

cation power. Effect of certification. County and municipal authority unaffect-

ed by chapter 75-22, Laws of Florida. Revocation or suspension of certification. Review. Enforcement of compliance. Availability of information. Modification of certification. Supplemental applications for sites certi-

fied for ultimate site capacity. Exclusive forum for determination of

need. Short title. Legislative intent. Definitions. Department of Environmental Regula

tion; powers and duties. Applicability and certification. Appointment of hearing officer; determi-

nation of completeness or sufficiency. Reports and studies. Notice, proceedings, parties, participants. Local governments; informational public

meetings Amendment to the application. Alteration of time limits. Final disposition of application. Effect of certification. Recording of notice of certified corridor

route. Modification of certification. Revocation or suspension of certification.

797


403.533 403.536

403.537

403.539

Enforcement of compliance. Superseded laws, regulations, and certifi

cation power. Determination of need for transmission

line; powers and duties. Certification admissible in eminent do

main proceedings; attorney's fees and costs.

403.501 Short title.-Sections 403.501-403.517 shall be known and may be cited as the "Florida Electrical Power Plant Siting Act."

History.-s. I, ch. 73-33; s. I, ch. 76-76.

403.502 Legislative intent.-The Legislature finds that the present and predicted growth in electric power demands in this state requires the development of a procedure for the selection and utilization of sites for electrical generating facilities and the identification of a state position with respect to each proposed site. The Legislature recognizes that the selection of sites and the routing of associated transmission lines will have a significant impact upon the welfare of the population, the location and growth of industry, and the use of the natural resources of the state. The Legislature finds that the efficiency of the permit application and review process at both the state and local level would be improved with the implementation of a process whereby a permit application would be centrally coordinated and all permit decisions could be reviewed on the basis of standards and recommendations of the deciding agencies. It is the policy of this state that, while recognizing the pressing need for increased power generation facilities, the state shall ensure through available and reasonable methods that the location and operation of electrical power plants will produce minimal adverse effects on human health, the environment, the ecology of the land and its wildlife, and the ecology of state waters and their aquatic life. It is the intent to seek courses of action that will fully balance the increasing demands for electrical power plant location and operation with the broad interests of the public. Such action will be based on these premises:

(1) To assure the citizens of Florida that operation safeguards are technically sufficient for their welfare and protection.

(2) To effect a reasonable balance between the need for the facility and the environmental impact resulting from construction and operation of the facility, including air and water quality, fish and wildlife, and the water resources and other natural resources of the state.

(3) To provide abundant, low-cost electrical energy.

History.- s. I, ch. 73-33.

403.503 Definitions.-(!) "Applicant" means any electric utility which

makes application for an electric power plant site certification pursuant to the provisions of this act.

(2) "Application" means the documents required by the department to be filed to initiate a certification proceeding.

(3) "Person" means an individual, partnership,

joint venture, private or public corporation, association, firm, public service company, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.

( 4) "Electric utility" means cities and towns, counties, public utility districts, regulated electric companies, electric cooperatives, and joint operating agencies, or combinations thereof, engaged in, or authorized to engage in, the business of generating, transmitting, or distributing electric energy.

(5) "Site" means any proposed location wherein an electrical power plant, or an electrical power plant alteration or addition resulting in an increase in generating capacity, will be located, including offshore sites within state jurisdiction.

(6) "Certification" means the written order of the board approving an application in whole or with such modifications or conditions as the board may deem appropriate.

(7) "Electrical power plant" means, for the purpose of certification, any steam or solar electrical generating facility using any process or fuel, including nuclear materials, and includes associated facilities and those directly associated transmission lines required to connect the electrical power plant to an existing transmission network or rights-of-way to which the applicant intends to connect, except that this term does not include any steam or solar electrical generating facility of less than 50 megawatts in capacity unless the applicant for such a facility elects to apply for certification under this act.

(8) "Department" means the Department of Environmental Regulation.

(9) "Board" means the Governor and Cabinet sitting as the Siting Board.

(10) "Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other unit or entity of government, including a regional or local governmental entity.

(11) "State comprehensive plan" means that plan prepared in accordance with the provisions of part I of chapter 23.

(12) "License" means a franchise, permit, certification, registration, charter, or similar form of authorization required by law, but it does not include a license required primarily for revenue purposes when issuance of the license is merely a ministerial act.

(13) "Designated hearing officer" means the hearing officer assigned by the Division of Administrative Hearings pursuant to chapter 120 to conduct the hearings required by this part.

(14) "Notice of intent" means that notice which is filed with the department on behalf of an electric utility prior to submission of an application pursuant to this act and which notifies the department of an intent to file an application.

(15) "Modification" means any change in the certification order after issuance, including a change in the conditions of certification.

(16) "Amendment" means any change in the application for certification made after the initial filing.

History.-s. I , ch. 73-33; s. I , ch. 76-76; s. I, ch. 79-76; s. 3, ch. 81-131.

403.504 Department of Environmental Reg-

798


ulation; powers and duties enumerated.-The Department of Environmental Regulation shall have the following powers and duties in relation to this act:

(1) To adopt, promulgate, or amend reasonable rules to implement the provisions of this act, including rules setting forth environmental precautions to be followed in relation to the location and operation of electrical power plants.

(2) To prescribe the form and content of the notice of intent and the form, content, and necessary supporting documentation and studies to be prepared by the applicant for electric power plant site certification applications.

(3) To receive applications for electrical power plant site certifications and to determine the completeness and sufficiency thereof.

(4) To make, or contract for, studies of electrical power plant site certification applications.

(5) To administer the processing of applications for electric power plant site certifications and to ensure that the applications are processed as expeditiously as possible.

(6) To notify all affected agencies of the filing of an application within 15 days of receiving the complete application.

(7)(a) To require an application fee for certification not to exceed $50,000. The application fee shall be paid to the department upon the filing of each application for site certification. The fee shall be fixed by rule on a sliding scale related to the size, type, ultimate site capacity, or increase in generating capacity proposed by the application. A minimum fee of $5,000 shall be required for each application. All reasonable expenses and costs of the proceeding incurred by the department, the Division of Administrative Hearings, the Public Service Commission, the Department of Community Affairs, the water management district, created pursuant to chapter 373, in the jurisdiction of which the facility is to be located, or any other agency from which the department requests special studies pursuant to s. 403.507(1)(d), including those expenses and costs which are associated with the cost of publication of public notices, the preparation and conduct of the hearings, the recording and transcription of the proceedings, and the studies required of the agencies by this act, shall be paid from the application fee. Any sums remaining after the payment of authorized costs shall be refunded to the applicant within 90 days of the issuance or denial of certification or withdrawal of the application. The applicant shall be provided with an itemized accounting of the expenditures.

(b) To require a fee of $2,500 to be submitted to the department with a notice of intent. The notice-of-intent fee shall be used, disbursed, and refunded in the same manner as the application fee and shall be a credit toward the application fee.

(8) To prepare a written analysis which shall be filed with the designated hearing officer and served on all parties no later than 8 months after the complete application is filed with the department, and which shall include:

(a) A statement indicating whether the proposed electrical power plant and proposed ultimate site ca-

pacity will be in compliance with the rules of the department.

(b) The report from the Public Service Commission as required by ss. 403.507 and 403.519.

(c) The report of the Department of Community Affairs as required by s. 403.507.

(d) The report from the water management district as required by s. 403.507.

(e) The studies conducted pursuant to s. 403.507. (f) The comments received by the department

from any other agency. (g) The recommendation of the department as to

the disposition of the application and any proposed conditions of certification which the department believes should be imposed.

(9) To provide adequate public notice of the filing of the application and of the proceedings conducted pursuant to this part.

(10) To prescribe the means for monitoring the effects arising from the construction and operation of electrical power plants to assure continued compliance with terms of the certification.

(11) To notify all agencies affected of the filing of a notice of intent within 15 days of receipt of the notice and to publish public notice that the department has received such notice of intent.

(12) To require a certification modification fee, not to exceed $5,000, from the party petitioning for the modification, which fee shall be submitted to the department with a formal petition for modification to the department pursuant to s. 403.516(3) . Any sums remaining after the proceeding shall be refunded to the petitioner within 90 days after approval or denial of the modification.

(13) To withhold from the application fee established by this section a reasonable sum sufficient to cover costs associated with postcertification review of activities required by any condition of certification. Such sums shall be specified as a part of each condition. Upon completion of any such reviews, any sums remaining shall be refunded to the applicant.

His tory .-s. 1, ch. 73-33; s. 1, ch. 76-76; s. 1, ch. 77- 174; s. 132, ch. 79- 190; s. 4, ch. 81-131; s. 35, ch. 81 -167; s. 35, ch. 83-55.

403.506 Applicability and certification.-(!) The provisions of this chapter shall apply to

any electrical power plant as defined herein, except that the provisions of the Power Plant Siting Act shall not apply to any electrical power plant or steam generating plant of less than 50 megawatts in capacity unless the applicant has elected to apply for certification under this act. No construction of any new electrical power plant or expansion in steam generating capacity of any existing electrical power plant may be undertaken after October 1, 1973, without first obtaining certification in the manner as herein provided, except that this act shall not apply to any such electrical power plant which is presently operating or under construction or which has, upon the effective date of chapter 73-33, Laws of Florida, applied for a permit or certification under requirements in force prior to the effective date of such act.

(2) Except as provided in the certification, modification of nonnuclear fuels, internal related hardware, or operating conditions not in conflict with certification which increase the electrical output of a

799


unit to no greater capacity than the maximum operating capacity of the existing generator shall not constitute an alteration or addition to generating capacity which requires certification pursuant to this act.

History.-s. 1, ch. 73-33; s. 3, ch. 76-76; s. 2, ch. 79-76; s. 5, ch. 81-131.

403.5063 Notice of intent to file application.

(1) To expedite the processing of the application which may be filed subsequently, the applicant for a proposed power plant may file a notice of intent to file an application with the department.

(2) The department shall establish, .by rule, a procedure by which an applicant, after public notice, may enter into binding written agreements with the department and other affected agencies as to the scope, quantity, and level of information to be provided in the application, as well as the methods to be used in providing such information and the nature of the supporting documents to be included in the application.

History.-s. 6, ch. 81-131.

403.5065 Appointment of hearing officer; determination of completeness; amendment to the application.-

(!) Within 7 days of receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate a hearing officer to conduct the hearings required by this act. The division director shall designate a hearing officer within 7 days of receipt of the request from the department. In designating a hearing officer for this purpose, the division director shall, whenever practicable, assign a hearing officer who has had prior experience or training in electric power plant site certification proceedings. Upon being advised that a hearing officer has been appointed, the department shall immediately file a copy of the application and all supporting documents with the designated hearing officer, who shall docket the application.

(2) Within 10 working days of receipt of an application, the department shall file a statement with the Division of Administrative Hearings and with the applicant declaring its position with regard to the completeness, not the sufficiency, of the application. If the department declares the application to be incomplete, then, within 15 working days of the receipt by the department of the application, the applicant shall file with the Division of Administrative Hearings and with the department a statement agreeing with the statement of the department and withdrawing the application or contesting the statement of the department. If the application is not withdrawn, the hearing officer shall schedule a hearing on the statement of completeness. The hearing shall be scheduled as expeditiously as possible, but no later than 30 days after the receipt of the application by the department. The designated hearing officer shall make his decision within 10 days of the hearing. If the designated hearing officer determines that the application was not complete as filed, then the applicant shall withdraw the application. If the hearing officer determines that the application was complete at the time it was filed, then the times provided in this act

shall run from the date of the filing of such application.

(3) Any amendment made to the application after filing shall be served on all parties and agencies that have received the initial application.


403.507 Reports and studies.-(!) It shall be the duty of the department to pro

vide copies of the application as filed, within 15 days of its receipt by the department, to the Department of Community Affairs, the Public Service Commission, and the water management district, created by chapter 373, in the jurisdiction of which the facility is to be located. The applicant, at its cost, shall furnish such information, studies, and data as the department may direct.

(a) Within 5 months of receipt of a copy of the complete application, the Department of Community Affairs shall present a report as to the compatibility of the proposed electrical power plant with the state comprehensive plan to the department. The Department of Community Affairs shall submit a preliminary report within 60 days of receipt of a copy of the complete application.

(b) The Public Service Commission shall prepare a report as to the present and future need for the electrical generating capacity to be supplied by the proposed electrical power plant. The report may include the comments of the commission with respect to any matters within its jurisdiction. It shall submit its report to the department within 5 months of receipt of a copy of the complete application. The commission shall submit a preliminary report within 60 days of receipt of a copy of the complete application.

(c) Within 5 months of receipt of a copy of the complete application, the water management district, as defined in chapter 373, in the jurisdiction of which the proposed electrical power plant is to be located shall prepare a report as to matters within its jurisdiction. The water management district shall submit a preliminary report within 60 days of receipt of a copy of the complete application.

(d) The department may request that any other agency perform studies and prepare reports as to matters within the jurisdiction of that agency which may be potentially affected by the proposed electrical power plant. Such studies or reports shall be submitted to the department within 5 months of receipt of a copy of the complete application by that agency.

(2) As needed to verify or supplement the studies made by the applicant in support of the application, it shall be the duty of the department to conduct, or contract for, studies of the proposed electrical power plant and site, including, but not limited to, the following:

(a) Cooling system requirements. (b) Construction and operational safeguards. (c) Proximity to transportation systems. (d) Soil and foundation conditions. (e) Impact on suitable present and projected wa-

ter supplies for this and other competing uses. (f) Impact on surrounding land uses. (g) Accessibility to transmission corridors. (h) Environmental impacts.

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F.S. 1983 MEDICAL TELECOMMUNICATIONS AND ......F.S. 1983 MEDICAL TELECOMMUNICATIONS AND...

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