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Florida Laws: FL Statutes - Title XXIX Chapter 403 Environmental Control

Legal Research Home > Florida Laws > Public Health > Florida Laws: FL Statutes - Title XXIX Chapter 403 Environmental Control

Part I - Pollution Control (ss. 403.011-403.42)

  • §403.011   Short title.
    This act shall be known and cited as the "Florida Air and Water Pollution Control Act."History.—s. 2, ch.
  • §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...
  • §403.031   Definitions.
    In construing this chapter, or rules and regulations adopted pursuant hereto, the following words, phrases, or terms, unless the context otherwise indicates, have the following...
  • §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, permitting, design, construction, modification, or operating standards,...
  • §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...
  • §403.0611   Alternative methods of regulatory permitting; department duties.
    The Department of Environmental Protection is directed to explore alternatives to traditional methods of regulatory permitting, provided that such alternative methods will not allow a...
  • §403.0615   Water resources restoration and preservation.
    (1) This section may be cited as the "Water Resources Restoration and Preservation Act." (2) The department shall establish a program to assist in the restoration and...
  • §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...
  • §403.0623   Environmental data; quality assurance.
    The department must establish, by rule, appropriate quality assurance requirements for environmental data submitted to the department and the criteria by which environmental data may...
  • §403.0625   Environmental laboratory certification; water quality tests conducted by a certified laboratory.
    (1) To assure the acceptable quality, reliability, and validity of testing results, the department and the Department of Health shall jointly establish criteria for certification of...
  • §403.063   Groundwater quality monitoring.
    (1) The department, in cooperation with other state and federal agencies, water management districts, and local governments, shall establish a groundwater quality monitoring network designed to...
  • §403.064   Reuse of reclaimed water.
    (1) The encouragement and promotion of water conservation, and reuse of reclaimed water, as defined by the department, are state objectives and are considered to be...
  • §403.0645   Reclaimed water use at state facilities.
    (1) The encouragement and promotion of reuse of reclaimed water has been established as a state objective in ss. 373.250 and 403.064. Reuse has become an...
  • §403.067   Establishment and implementation of total maximum daily loads.
    (1) LEGISLATIVE FINDINGS AND INTENT.—In furtherance of public policy established in s. 403.021, the Legislature declares that the waters of the state are among its most...
  • §403.072   Pollution Prevention Act.
    Sections 403.072-403.074 may be cited as the "Pollution Prevention Act."History.—s. 25, ch.
  • §403.073   Pollution prevention; state goal; agency programs; public education.
    (1) It is a goal of the state that all its agencies, the State University System, community colleges, and all municipalities, counties, regional agencies, and special...
  • §403.074   Technical assistance by the department.
    (1) To help develop effective programs to eliminate or reduce the use of materials that are toxic to humans, plants, or animals and to prevent pollution...
  • §403.075   Legislative findings.
    In addition to the declarations contained in s. 403.021, the Legislature finds that:(1) Ecosystem management is a concept that includes coordinating the planning activities of state...
  • §403.0752   Ecosystem management agreements.
    (1) Upon the request of an applicant, the secretary of the department is authorized to enter into an ecosystem management agreement regarding any environmental impacts with...
  • §403.081   Performance by other state agencies.
    All state agencies, including the Department of Health, shall be available to the department to perform, at its direction, the duties required of the department...
  • §403.085   Sanitary sewage disposal units; advanced and secondary waste treatment; industrial waste treatment.
    (1) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any disposal well for sanitary sewage...
  • §403.086   Sewage disposal facilities; advanced and secondary waste treatment.
    (1)(a) Neither the Department of Health nor any other state agency, county, special district, or municipality shall approve construction of any facilities for sanitary sewage disposal...
  • §403.08601   Leah Schad Memorial Ocean Outfall Program.
    The Legislature declares that as funds become available the state may assist the local governments and agencies responsible for implementing the Leah Schad Memorial Ocean...
  • §403.0862   Discharge of waste from state groundwater cleanup operations to publicly owned treatment works.
    (1) Upon agreement between a local governmental agency and the department, treated waste resulting from the department's cleanup or restoration of contaminated groundwater may be discharged...
  • §403.087   Permits; general issuance; denial; revocation; prohibition; penalty.
    (1) A stationary installation that is reasonably expected to be a source of air or water pollution must not be operated, maintained, constructed, expanded, or modified...
  • §403.0871   Florida Permit Fee Trust Fund.
    There is established within the department a nonlapsing trust fund to be known as the "Florida Permit Fee Trust Fund." All funds received from applicants...
  • §403.0872   Operation permits for major sources of air pollution; annual operation license fee.
    Provided that program approval pursuant to 42 U.S.C. s. 7661a has been received from the United States Environmental Protection Agency, beginning January 2, 1995, each...
  • §403.0873   Florida Air-Operation License Fee Account.
    The "Florida Air-Operation License Fee Account" is established as a nonlapsing account within the Department of Environmental Protection's Air Pollution Control Trust Fund. All license...
  • §403.08735   Air emissions trading.
    (1) GENERIC AIR EMISSIONS BUBBLE RULE.—The department shall promulgate by July 1, 1996, a generic air emissions bubble rule to the fullest extent consistent with federal...
  • §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...
  • §403.0876   Permits; processing.
    (1) Within 30 days after receipt of an application for a permit under this chapter, the department shall review the application and shall request submittal of...
  • §403.0877   Certification by professionals regulated by the Department of Business and Professional Regulation.
    (1) Nothing in this section shall be construed as specific authority for a water management district or the department to require certification by a professional engineer...
  • §403.088   Water pollution operation permits; conditions.
    (1) Without the written authorization of the department, a person may not discharge any waste into the waters of the state which, by itself or in...
  • §403.0881   Wastewater or reuse or disposal systems or water treatment works; construction permits.
    The department may issue construction permits under s. 403.087 for wastewater systems, treatment works, or reuse or disposal systems based upon review of a preliminary...
  • §403.0882   Discharge of demineralization concentrate.
    (1) The Legislature finds and declares that it is in the public interest to conserve and protect water resources, provide adequate water supplies and provide for...
  • §403.0885   Establishment of federally approved state National Pollutant Discharge Elimination System (NPDES) Program.
    (1) The Legislature finds and declares that it is in the public interest to promote effective and efficient regulation of the discharge of pollutants into waters...
  • §403.08852   Clarification of requirements under rule 62-302.520(2), F.A.C.
    For purposes of rule 62-302.520(2), Florida Administrative Code, new sources of heated water discharges shall include an expansion, modification, alteration, replacement, or repair of an...
  • §403.0891   State, regional, and local stormwater management plans and programs.
    The department, the water management districts, and local governments shall have the responsibility for the development of mutually compatible stormwater management programs.(1) The department shall include...
  • §403.0893   Stormwater funding; dedicated funds for stormwater management.
    In addition to any other funding mechanism legally available to local government to construct, operate, or maintain stormwater systems, a county or municipality may:(1) Create one...
  • §403.0896   Training and assistance for stormwater management system personnel.
    The Stormwater Management Assistance Consortium of the State University System, working in cooperation with the community colleges in the state, interested accredited private colleges and...
  • §403.091   Inspections.
    (1)(a) Any duly authorized representative of the department may at any reasonable time enter and inspect, for the purpose of ascertaining the state of compliance with...
  • §403.092   Package sewage treatment facilities; inspection.
    The department shall implement a program to conduct regular and continuing inspection of package sewage treatment facilities. To the greatest extent possible consistent with the...
  • §403.111   Confidential records.
    (1) Any information, other than effluent data and those records described in 42 U.S.C. s. 7661a(b)(8), relating to secret processes or secret methods of manufacture or...
  • §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...
  • §403.131   Injunctive relief, 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...
  • §403.135   Persons who accept wastewater for spray irrigation; civil liability.
    (1) Any person who in good faith accepts from any owner or operator of a permitted wastewater treatment or disposal plant any wastewater permitted and intended...
  • §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,...
  • §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...
  • §403.161   Prohibitions, violation, penalty, intent.
    (1) It shall be a violation of this chapter, and it shall be prohibited for any person:(a) To cause pollution, except as otherwise provided in this chapter,...
  • §403.1651   Ecosystem Management and Restoration Trust Fund.
    (1) There is created the Ecosystem Management and Restoration Trust Fund to be administered by the Department of Environmental Protection for the purposes of:(a) Funding the detailed...
  • §403.1655   Environmental short-term emergency response program.
    (1) 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...
  • §403.1815   Construction of water distribution mains and sewage collection and transmission systems; local regulation.
    Notwithstanding any other provision of this chapter to the contrary, the department may, upon request, allow any county or municipality to independently regulate the construction...
  • §403.182   Local pollution control programs.
    (1) Each county and municipality or any combination thereof may establish and administer a local pollution control program if it complies with this act. Local pollution...
  • §403.1832   Department to accept federal aid; Grants and Donations Trust Fund.
    (1) 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...
  • §403.1834   State bonds to finance or refinance facilities; exemption from taxation.
    (1) The issuance of state bonds to finance or refinance the construction of water supply and distribution facilities, stormwater control and treatment facilities, and air and...
  • §403.1835   Water pollution control financial assistance.
    (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 self-perpetuating...
  • §403.1837   Florida Water Pollution Control Financing Corporation.
    (1) The Florida Water Pollution Control Financing Corporation is created as a nonprofit public-benefit corporation for the purpose of financing or refinancing the costs of projects...
  • §403.1838   Small Community Sewer Construction Assistance Act.
    (1) This section may be cited as the "Small Community Sewer Construction Assistance Act." (2) The department shall use funds specifically appropriated to award grants under this...
  • §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...
  • §403.201   Variances.
    (1) Upon application, the department in its discretion may grant a variance from the provisions of this act or the rules and regulations adopted pursuant hereto....
  • §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....
  • §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.
  • §403.281   Definitions; weather modification law.
    As used in this chapter relating to weather modification:(1) "Department" means the Department of Environmental Protection. (2) "Person" includes any public or private corporation. History.—s. 1, ch....
  • §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...
  • §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,...
  • §403.311   Application for weather modification 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...
  • §403.321   Proof of financial responsibility.
    (1) No license shall be issued to any person until he or she has filed with the department proof of ability to respond in damages for...
  • §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...
  • §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....
  • §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...
  • §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...
  • §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...
  • §403.381   Record and reports of operations.
    (1) Each licensee shall keep and maintain a record of all operations conducted by him or her pursuant to his or her license showing the method...
  • §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...
  • §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...
  • §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 or her application...
  • §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 political subdivision or...
  • §403.413   Florida Litter Law.
    (1) SHORT TITLE.—This section may be cited as the "Florida Litter Law." (2) DEFINITIONS.—As used in this section:(a) "Aircraft" means a motor vehicle or other vehicle that is...
  • §403.4131   Litter control.
    (1) The Department of Transportation shall establish an "adopt-a-highway" program to allow local organizations to be identified with specific highway cleanup and highway beautification projects authorized...
  • §403.41315   Comprehensive illegal dumping, litter, and marine debris control and prevention.
    (1) The Legislature finds that a comprehensive illegal dumping, litter, and marine debris control and prevention program is necessary to protect the beauty and the environment...
  • §403.4132   Litter pickup and removal.
    Local governments are encouraged to initiate programs to supplement the existing litter-removal program for public places and highway systems operated by the Department of Transportation....
  • §403.4133   Adopt-a-Shore Program.
    (1) The Legislature finds that litter and illegal dumping present a threat to the state's wildlife, environment, and shorelines. The Legislature further finds that public awareness...
  • §403.4135   Litter receptacles.
    (1) DEFINITIONS.—As used in this section "litter" and "vessel" have the same meanings as provided in s. 403.413. (2) RECEPTACLES REQUIRED.—All ports, terminal facilities, boatyards, marinas, and...
  • §403.414   Environmental award program.
    (1) The department shall administer an environmental award program to recognize outstanding efforts in the protection, conservation, or restoration of the air, water, or other natural...
  • §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 1974." (2)(a) LEGISLATIVE INTENT.—The intent...
  • §403.4151   Exempt motor vehicles.
    The provisions 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....
  • §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...
  • §403.4154   Phosphogypsum management program.
    (1) DEFINITIONS.—As used in this section, the term:(a) "Department" means the Department of Environmental Protection. (b) "Existing stack" means a phosphogypsum stack, as defined in paragraph (d), that...
  • §403.4155   Phosphogypsum management; rulemaking authority.
    (1) The Department of Environmental Protection shall adopt rules to amend existing chapter 62-672, Florida Administrative Code, to ensure that impoundment structures and water conveyance piping...
  • §403.42   Florida Clean Fuel Act.
    (1) SHORT TITLE AND PURPOSE.—(a) This section may be cited as the "Florida Clean Fuel Act." (b) The purposes of this act are to establish the Clean Fuel...

Part II - Electrical Power Plant and Transmission Line Siting (ss. 403.501-403.539)

  • §403.501   Short title.
    Sections 403.501-403.518 shall be known and may be cited as the "Florida Electrical Power Plant Siting Act."History.—s. 1, ch. 73-33; s. 1, ch. 76-76; s....
  • §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...
  • §403.503   Definitions relating to Florida Electrical Power Plant Siting Act.
    As used in this act:(1) "Act" means the Florida Electrical Power Plant Siting Act. (2) "Agency," as the context requires, means an official, officer, commission, authority, council,...
  • §403.504   Department of Environmental Protection; powers and duties enumerated.
    The department shall have the following powers and duties in relation to this act:(1) To adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the...
  • §403.5055   Application for permits pursuant to s. 403.0885.
    In processing applications for permits pursuant to s. 403.0885 that are associated with applications for electrical power plant certification:(1) The procedural requirements set forth in 40...
  • §403.506   Applicability, thresholds, and certification.
    (1) The provisions of this act shall apply to any electrical power plant as defined herein, except that the provisions of this act shall not apply...
  • §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...
  • §403.5064   Application; schedules.
    (1) The formal date of filing of a certification application and commencement of the certification review process shall be when the applicant submits:(a) Copies of the certification...
  • §403.5065   Appointment of administrative law judge; powers and duties.
    (1) Within 7 days after receipt of an application, the department shall request the Division of Administrative Hearings to designate an administrative law judge to conduct...
  • §403.5066   Determination of completeness.
    (1)(a) Within 30 days after the filing of an application, affected agencies shall file a statement with the department containing each agency's recommendations on the completeness...
  • §403.50663   Informational public meetings.
    (1) A local government within whose jurisdiction the power plant is proposed to be sited may hold one informational public meeting in addition to the hearings...
  • §403.50665   Land use consistency.
    (1) The applicant shall include in the application a statement on the consistency of the site and any associated facilities that constitute a "development," as defined...
  • §403.507   Preliminary statements of issues, reports, project analyses, and studies.
    (1) Each affected agency identified in paragraph (2)(a) shall submit a preliminary statement of issues to the department, the applicant, and all parties no later than...
  • §403.508   Land use and certification hearings, parties, participants.
    (1)(a) Within 5 days after the filing of a petition for a hearing on land use pursuant to s. 403.50665, the designated administrative law judge shall...
  • §403.509   Final disposition of application.
    (1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under the provisions of...
  • §403.5095   Alteration of time limits.
    Any time limitation in this act may be altered by the designated administrative law judge upon stipulation between the department and the applicant, unless objected...
  • §403.510   Superseded laws, regulations, and certification power.
    (1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of this...
  • §403.511   Effect of certification.
    (1) Subject to the conditions set forth therein, any certification shall constitute the sole license of the state and any agency as to the approval of...
  • §403.5112   Filing of notice of certified corridor route.
    (1) Within 60 days after certification of an associated linear facility pursuant to this act, the applicant shall file, in accordance with s. 28.222, with the...
  • §403.5113   Postcertification amendments and review.
    (1) POSTCERTIFICATION AMENDMENTS.—(a) If, subsequent to certification by the board, a licensee proposes any material change to the application and revisions or amendments thereto, as certified, the...
  • §403.5115   Public notice.
    (1) The following notices are to be published by the applicant for all applications:(a) Notice of the filing of a notice of intent under s. 403.5063, which...
  • §403.5116   County and municipal authority unaffected by ch. 75-22.
    Except as provided in ss. 403.510 and 403.511, nothing in chapter 75-22, Laws of Florida, shall be construed to have altered the authority of county...
  • §403.512   Revocation or suspension of certification.
    Any certification may be revoked or suspended:(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies...
  • §403.513   Review.
    Proceedings under this act shall be subject to judicial review as provided in chapter 120. When possible, separate appeals of the certification order issued by...
  • §403.514   Enforcement of compliance.
    Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this act shall constitute a violation of chapter 403.History.—s....
  • §403.515   Availability of information.
    The department shall make available for public inspection and copying during regular office hours, at the expense of any person requesting copies, any information filed...
  • §403.516   Modification of certification.
    (1) A certification may be modified after issuance in any one of the following ways:(a) The board may delegate to the department the authority to modify specific...
  • §403.517   Supplemental applications for sites certified for ultimate site capacity.
    (1)(a) Supplemental applications may be submitted for certification of the construction and operation of electrical power plants to be located at sites which have been previously...
  • §403.5175   Existing electrical power plant site certification.
    (1) An electric utility that owns or operates an existing electrical power plant as defined in s. 403.503(14) may apply for certification of an existing power...
  • §403.518   Fees; disposition.
    The department shall charge the applicant the following fees, as appropriate, which, unless otherwise specified, shall be paid into the Florida Permit Fee Trust Fund:(1) A...
  • §403.5185   Law applicable to applications processed under ss. 403.501-403.518.
    Any application for electrical power plant certification filed pursuant to ss. 403.501-403.518 shall be processed under the provisions of the law applicable at the time...
  • §403.519   Exclusive forum for determination of need.
    (1) On request by an applicant or on its own motion, the commission shall begin a proceeding to determine the need for an electrical power plant...
  • §403.52   Short title.
    Sections 403.52-403.5365 may be cited as the "Florida Electric Transmission Line Siting Act."History.—s. 1, ch. 80-65; s. 25, ch. 90-331; s. 45, ch.
  • §403.521   Legislative intent.
    The legislative intent of this act is to establish a centralized and coordinated licensing process for the location of electric transmission line corridors and the...
  • §403.522   Definitions relating to the Florida Electric Transmission Line Siting Act.
    As used in this act:(1) "Act" means the Florida Electric Transmission Line Siting Act. (2) "Agency," as the context requires, means an official, officer, commission, authority, council,...
  • §403.523   Department of Environmental Protection; powers and duties.
    The department has the following powers and duties:(1) To adopt procedural rules pursuant to ss. 120.536(1) and 120.54 to administer this act and to adopt or...
  • §403.524   Applicability; certification; exemptions.
    (1) This act applies to each transmission line, except a transmission line certified under the Florida Electrical Power Plant Siting Act. (2) Except as provided in subsection...
  • §403.525   Administrative law judge; appointment; powers and duties.
    (1)(a) Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate an administrative...
  • §403.5251   Application; schedules.
    (1)(a) The formal date of the filing of the application for certification and commencement of the review process for certification is the date on which the...
  • §403.5252   Determination of completeness.
    (1)(a) Within 30 days after the filing of an application, the affected agencies shall file a statement with the department containing the recommendations of each agency...
  • §403.526   Preliminary statements of issues, reports, and project analyses; studies.
    (1) Each affected agency that is required to file a report in accordance with this section shall submit a preliminary statement of issues to the department...
  • §403.527   Certification hearing, parties, participants.
    (1)(a) No later than 145 days after the application is filed, the administrative law judge shall conduct a certification hearing pursuant to ss. 120.569 and 120.57...
  • §403.5271   Alternate corridors.
    (1) No later than 45 days before the originally scheduled certification hearing, any party may propose alternate transmission line corridor routes for consideration under the provisions...
  • §403.5272   Informational public meetings.
    (1) A local government whose jurisdiction is to be crossed by a proposed corridor may hold one informational public meeting in addition to the hearings specifically...
  • §403.5275   Amendment to the application.
    (1) Any amendment made to the application before certification shall be sent by the applicant to the administrative law judge and to all parties to the...
  • §403.528   Alteration of time limits.
    (1) Any time limitation in this act may be altered by the administrative law judge upon stipulation between the department and the applicant unless objected to...
  • §403.529   Final disposition of application.
    (1)(a) If the administrative law judge has granted a request to cancel the certification hearing and has relinquished jurisdiction to the department under s. 403.527(6), within...
  • §403.531   Effect of certification.
    (1) Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of the...
  • §403.5312   Filing of notice of certified corridor route.
    (1) Within 60 days after certification of a transmission line corridor under ss. 403.52-403.5365, the applicant shall file with the department and, in accordance with s....
  • §403.5315   Modification of certification.
    A certification may be modified after issuance in any one of the following ways:(1) The board may delegate to the department the authority to modify specific...
  • §403.5317   Postcertification activities.
    (1)(a) If, subsequent to certification, a licensee proposes any material change to the application or prior amendments, the licensee shall submit to the department a written...
  • §403.532   Revocation or suspension of certification.
    Any certification may be revoked or suspended:(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies...
  • §403.533   Enforcement of compliance.
    Failure to obtain a certification, or to comply with the conditions thereof, or to comply with this act shall constitute a violation of chapter 403.History.—s....
  • §403.536   Superseded laws, regulations, and certification power.
    (1) If any provision of this act is in conflict with any other provision, limitation, or restriction under any law, rule, regulation, or ordinance of this...
  • §403.5363   Public notices; requirements.
    (1)(a) The applicant shall arrange for the publication of the notices specified in paragraph (b).1. The notices shall be published in newspapers of general circulation within counties...
  • §403.5365   Fees; disposition.
    The department shall charge the applicant the following fees, as appropriate, which, unless otherwise specified, shall be paid into the Florida Permit Fee Trust Fund:(1) An...
  • §403.537   Determination of need for transmission line; powers and duties.
    (1)(a) Upon request by an applicant or upon its own motion, the Florida Public Service Commission shall schedule a public hearing, after notice, to determine the...
  • §403.539   Certification admissible in eminent domain proceedings; attorney's fees and costs.
    (1) Certification pursuant to ss. 403.52-403.5365 shall be admissible as evidence of public need and necessity in proceedings under chapter 73 or chapter 74. (2) No party...

Part III - Interstate Environmental Control Compact (s. 403.60)

Part IV - Resource Recovery and Management (ss. 403.702-403.7721)

  • §403.702   Legislative findings; public purpose.
    (1) In order to enhance the beauty and quality of our environment; conserve and recycle our natural resources; prevent the spread of disease and the creation...
  • §403.703   Definitions.
    As used in this part, the term:(1) "Ash residue" has the same meaning as in the department rule governing solid waste combustors which defines the term....
  • §403.7031   Limitations on definitions adopted by local ordinance.
    A county or a municipality shall not adopt by ordinance any definition that is inconsistent with the definitions in s. 403.703.History.—s. 9, ch.
  • §403.7032   Recycling.
    (1) The Legislature finds that the failure or inability to economically recover material and energy resources from solid waste results in the unnecessary waste and depletion...
  • §403.7033   Departmental analysis of particular recyclable materials.
    The Legislature finds that prudent regulation of recyclable materials is crucial to the ongoing welfare of Florida's ecology and economy. As such, the Department of...
  • §403.704   Powers and duties of the department.
    The department shall have responsibility for the implementation and enforcement of this act. In addition to other powers and duties, the department shall:(1) Develop and implement,...
  • §403.7043   Compost standards and applications.
    (1) In order to protect the state's land and water resources, compost produced, utilized, or disposed of by the composting process at solid waste management facilities...
  • §403.7045   Application of act and integration with other acts.
    (1) The following wastes or activities shall not be regulated pursuant to this act:(a) Byproduct material, source material, and special nuclear material, the generation, transportation, disposal, storage,...
  • §403.7046   Regulation of recovered materials.
    (1) Any person who handles, purchases, receives, recovers, sells, or is an end user of recovered materials shall annually certify to the department on forms provided...
  • §403.7047   Regulation of fossil fuel combustion products.
    (1) As used in this section, the term:(a) "Beneficial use" means the use of fossil fuel combustion products in building products, and as substitutes for raw materials,...
  • §403.7049   Determination of full cost for solid waste management; local solid waste management fees.
    (1) Each county and each municipality shall determine each year the full cost for solid waste management within the service area of the county or municipality....
  • §403.705   State solid waste management program.
    (1) The state solid waste management program shall:(a) Provide guidelines for the orderly storage, separation, processing, recovery, recycling, and disposal of solid waste throughout the state; (b) Encourage...
  • §403.7055   Methane capture.
    (1) Each county is encouraged to form multicounty regional solutions to the capture and reuse or sale of methane gas from landfills and wastewater treatment facilities....
  • §403.706   Local government solid waste responsibilities.
    (1) The governing body of a county has the responsibility and power to provide for the operation of solid waste disposal facilities to meet the needs...
  • §403.70605   Solid waste collection services in competition with private companies.
    (1) SOLID WASTE COLLECTION SERVICES IN COMPETITION WITH PRIVATE COMPANIES.—(a) A local government that provides specific solid waste collection services in direct competition with a private company:1. Shall...
  • §403.7061   Requirements for review of new waste-to-energy facility capacity by the Department of Environmental Protection.
    (1) The Legislature recognizes the need to use an integrated approach to municipal solid waste management. Accordingly, the solid waste management legislation adopted in 1988 was...
  • §403.70611   Requirements relating to solid waste disposal facility permitting.
    Local government applicants for a permit to construct or expand a Class I landfill are encouraged to consider construction of a waste-to-energy facility as an...
  • §403.7063   Use of private services in solid waste management.
    In providing services or programs for solid waste management, local governments and state agencies should use the most cost-effective means for the provision of services...
  • §403.7065   Procurement of products or materials with recycled content.
    (1) Except as provided in 1s. 287.045, any state agency or agency of a political subdivision of the state which is using state funds, or any...
  • §403.707   Permits.
    (1) A solid waste management facility may not be operated, maintained, constructed, expanded, modified, or closed without an appropriate and currently valid permit issued by the...
  • §403.7071   Management of storm-generated debris.
    Solid waste generated as a result of a storm event that is the subject of an emergency order issued by the department may be managed...
  • §403.70715   Research, development, and demonstration permits.
    (1) The department may issue a research, development, and demonstration permit to the owner or operator of any solid waste management facility or hazardous waste management...
  • §403.7072   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...
  • §403.708   Prohibition; penalty.
    (1) A person may not:(a) Place or deposit any solid waste in or on the land or waters located within the state except in a manner approved...
  • §403.709   Solid Waste Management Trust Fund; use of waste tire fees.
    There is created the Solid Waste Management Trust Fund, to be administered by the department.(1) From the annual revenues deposited in the trust fund, unless otherwise...
  • §403.7095   Solid waste management grant program.
    (1) The department shall develop a consolidated grant program for small counties having populations fewer than 100,000, with grants to be distributed equally among eligible counties....
  • §403.712   Revenue bonds.
    (1) Revenue bonds payable from funds which result from the revenues derived from the operation of solid waste management facilities and from any revenues which may...
  • §403.7125   Financial assurance.
    (1) Every owner or operator of a landfill is jointly and severally liable for the improper operation and closure of the landfill, as provided by law....
  • §403.713   Ownership and control of solid waste and recovered materials.
    (1) Nothing in this act or in any local act or ordinance shall be construed to limit the free flow of solid waste across municipal or...
  • §403.714   Duties of state agencies.
    (1) Each state agency, the judicial branch of state government, and the State University System shall:(a) Establish a program, in cooperation with the department and the Department...
  • §403.7145   Recycling.
    (1) The Capitol and the House and Senate office buildings constitute the Capitol recycling area. The Florida House of Representatives, the Florida Senate, and the Office...
  • §403.715   Certification of resource recovery or recycling equipment.
    For purposes of implementing the tax exemption provided by s. 212.08(7)(q), the department shall establish a system for the examination and certification of resource recovery...
  • §403.716   Training of operators of solid waste management and other facilities.
    (1) The department shall establish qualifications for, and encourage the development of training programs for, operators of landfills, coordinators of local recycling programs, and operators of...
  • §403.717   Waste tire and lead-acid battery requirements.
    (1) For purposes of this section and ss. 403.718 and 403.7185:(a) "Department" means the Department of Environmental Protection. (b) "Motor vehicle" means an automobile, motorcycle, truck, trailer, semitrailer,...
  • §403.718   Waste tire fees.
    (1) For the privilege of engaging in business, a fee for each new motor vehicle tire sold at retail, including those sold to any governmental entity,...
  • §403.7185   Lead-acid battery fees.
    (1) For the privilege of engaging in business, a fee for each new or remanufactured lead-acid battery sold at retail, including those sold to any governmental...
  • §403.71851   Electronic recycling grants.
    The Department of Environmental Protection is authorized to use funds from the Solid Waste Management Trust Fund as grants to Florida-based businesses with 5 or...
  • §403.71852   Collection of lead-containing products.
    The Department of Environmental Protection is directed to work with the Department of Management Services to implement a pilot program to collect lead-containing products, including...
  • §403.7186   Environmentally sound management of mercury-containing devices and lamps.
    (1) DEFINITIONS.—For the purposes of this section, unless the context otherwise requires, the term:(a) "Department" means the Department of Environmental Protection. (b) "Mercury-containing device" means any electrical product,...
  • §403.7191   Toxics in packaging.
    (1) FINDINGS AND INTENT.—The Legislature finds that:(a) Managing solid waste poses a wide range of hazards to public health and safety and to the environment. (b) Packaging comprises...
  • §403.7192   Batteries; requirements for consumer, manufacturers, and sellers; penalties.
    (1) As used in this section, the term:(a) "Cell" means a galvanic or voltaic device weighing 25 pounds or less consisting of an enclosed or sealed container...
  • §403.7193   Environmental representations.
    (1) Any person who represents in advertising or on the label or container of a consumer product that the consumer product that the person manufactures or...
  • §403.72   Identification, listing, and notification.
    (1) The department shall adopt rules which list hazardous wastes and identify their characteristics and shall establish procedures by which hazardous waste may be identified. The...
  • §403.721   Standards, requirements, and procedures for generators and transporters of hazardous waste and owners and operators of hazardous waste facilities.
    (1) Persons who generate or transport hazardous waste, or who own or operate a hazardous waste facility, shall comply with the applicable standards, requirements, and procedures...
  • §403.7211   Hazardous waste facilities managing hazardous wastes generated offsite; federal facilities managing hazardous waste.
    (1) This section applies to facilities managing hazardous waste generated offsite. This section does not apply to manufacturers, power generators, or other industrial operations that have...
  • §403.7215   Tax on gross receipts of commercial hazardous waste facilities.
    (1) The owner or operator of each privately owned, permitted, commercial hazardous waste transfer, storage, treatment, or disposal facility shall, on or before January 25 of...
  • §403.722   Permits; hazardous waste disposal, storage, and treatment facilities.
    (1) Each person who intends to or is required to construct, modify, operate, or close a hazardous waste disposal, storage, or treatment facility shall obtain a...
  • §403.7222   Prohibition of hazardous waste landfills.
    (1) As used in this section, the term "hazardous waste landfill" means a disposal facility or part of a facility at which hazardous waste that has...
  • §403.7223   Waste elimination and reduction assistance program.
    (1) The Legislature finds that the reduction of the volume and toxicity of hazardous waste generated in the state is the most environmentally, economically, and technically...
  • §403.7225   Local hazardous waste management assessments.
    (1) The Legislature recognizes that there is a need for identifying the amount, type, sources, and management of hazardous waste generated by small quantity generators in...
  • §403.7226   Technical assistance by the department.
    The department shall:(1) Provide technical assistance to county governments and regional planning councils to ensure consistency in implementing local hazardous waste management assessments as provided in...
  • §403.723   Siting of hazardous waste facilities.
    It is the intent of the Legislature to facilitate siting of proper hazardous waste storage facilities in each region and any additional storage, treatment, or...
  • §403.7234   Small quantity generator notification and verification program.
    (1) Each county shall notify, according to guidelines established under s. 403.7226, each small quantity generator identified on its assessment roll, during the first year of...
  • §403.7236   Local government information to be sent to the department.
    Each county shall transmit the following information to the department, according to guidelines established under s. 403.7226:(1) A summary of the information gathered during its local...
  • §403.7238   Expanded local hazardous waste management programs.
    (1) The Legislature recognizes the need for increased participation by local governments in ensuring that small quantity generators are properly managing their hazardous waste and that...
  • §403.724   Financial responsibility.
    (1) An owner or operator of a hazardous waste facility, as a prerequisite to the operation, closure, postclosure, or corrective action at a facility in the...
  • §403.7255   Placement of signs.
    (1) Signs must be placed by the owner or operator at any site in the state which is listed or proposed for listing on the Superfund...
  • §403.726   Abatement of imminent hazard caused by hazardous substance.
    (1) The Legislature finds that hazardous waste which has been improperly generated, transported, disposed of, stored, or treated may pose an imminent hazard to the public...
  • §403.7264   Amnesty days for purging small quantities of hazardous wastes.
    Amnesty days are authorized by the state for the purpose of purging small quantities of hazardous waste, free of charge, from the possession of homeowners,...
  • §403.7265   Local hazardous waste collection program.
    (1) The Legislature recognizes the need for local governments to establish local hazardous waste management programs and local collection centers throughout the state. Local hazardous waste...
  • §403.727   Violations; defenses, penalties, and remedies.
    (1) It is unlawful for any hazardous waste generator, transporter, or facility owner or operator to:(a) Fail to comply with the provisions of this act or departmental...
  • §403.728   Qualifications of operation personnel of hazardous waste facilities.
    The owner and operator of a hazardous waste facility shall employ persons who are adequately trained, or who are registered in a training program, to...
  • §403.73   Trade secrets; confidentiality.
    Records, reports, or information obtained from any person under this part, unless otherwise provided by law, shall be available to the public, except upon a...
  • §403.74   Management of hazardous materials by governmental agencies.
    (1) For the purposes of this section, "hazardous materials" are those substances which are:(a) Listed as constituents of waste streams F001, F002, F003, F004, and F005 in...
  • §403.75   Definitions relating to used oil.
    As used in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, the term:(1) "Public used oil collection center" means:(a) Automotive service facilities...
  • §403.751   Prohibited actions; used oil.
    (1)(a) No person may collect, transport, store, recycle, use, or dispose of used oil in any manner which endangers the public health or welfare. (b) No person...
  • §403.753   Public educational program about collection and recycling of used oil.
    The department shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil and...
  • §403.7531   Notice by retail dealer.
    A retail dealer who annually sells directly to the public more than 500 gallons of oil in containers for use off-premises shall post in a...
  • §403.754   Registration of persons transporting, processing, burning, or marketing used oil; fees; reports and records.
    (1) The following persons shall register annually with the department pursuant to rules of the department on forms prescribed by it:(a) Used oil transporters and transfer facilities....
  • §403.7545   Regulation of used oil as hazardous waste.
    Nothing in ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall prohibit the department from regulating used oil in a...
  • §403.757   Coordination with other state agencies.
    (1) The department shall coordinate its activities and functions under ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, with the Department...
  • §403.758   Enforcement and penalty.
    (1) Except as provided in subsection (2), the department may enforce ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, pursuant to...
  • §403.759   Disposition of fees, fines, and penalties.
    The proceeds from the registration fees, fines, and penalties imposed by ss. 403.75-403.769 and s. 526.01, as amended by chapter 84-338, Laws of Florida, shall...
  • §403.760   Public used oil collection centers.
    (1) The department shall encourage the voluntary establishment of public used oil collection centers and recycling programs and provide technical assistance to persons who organize such...
  • §403.761   Incentives program.
    (1) The department is authorized to establish an incentives program for individuals who change their own oil to encourage them to return their used oil to...
  • §403.763   Grants to local governments.
    (1) The department shall develop a grants program for local governments to encourage the collection, reuse, and proper disposal of used oil. No grant may be...
  • §403.767   Certification of used oil transporters.
    (1) Any person who transports over public highways more than 500 gallons annually of used oil must be a certified transporter. This subsection does not apply...
  • §403.769   Permits for used oil processing and rerefining facilities.
    (1) Each person who intends to operate, modify, or close a used oil processing facility shall obtain an operation or closure permit from the department prior...
  • §403.7721   Rule of construction; chs. 85-269 and 85-277.
    The provisions of chapters 85-269 and 85-277, Laws of Florida, shall be construed to supplement rather than to diminish or supersede the powers exercised by...

Part V - Environmental Regulation (ss. 403.801-403.8163)

Part VI - Water Supply; Water Treatment Plants (ss. 403.850-403.8911)

  • §403.850   Short title.
    This act may be cited as the "Florida Safe Drinking Water Act."History.—s. 1, ch.
  • §403.851   Declaration of policy; intent.
    It is the policy of the state that the citizens of Florida shall be assured of the availability of safe drinking water. Recognizing that this...
  • §403.852   Definitions; ss. 403.850-403.864.
    As used in ss. 403.850-403.864:(1) "Department" means the Department of Environmental Protection, which is charged with the primary responsibility for the administration and implementation of the...
  • §403.853   Drinking water standards.
    (1) The department shall adopt and enforce:(a)1. State primary drinking water regulations that shall be no less stringent at any given time than the complete interim or...
  • §403.8532   Drinking water state revolving loan fund; use; rules.
    (1) The purpose of this section is to assist in implementing the legislative declarations of public policy contained in ss. 403.021 and 403.851 by establishing infrastructure...
  • §403.8533   Drinking Water Revolving Loan Trust Fund.
    (1) There is created the Drinking Water Revolving Loan Trust Fund to be administered by the Department of Environmental Protection for the purposes of:(a) Funding for low-interest...
  • §403.8535   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...
  • §403.854   Variances, exemptions, and waivers.
    (1) The department may authorize variances or exemptions from the regulations issued pursuant to s. 403.853 under conditions and in such manner as it deems necessary...
  • §403.855   Imminent hazards.
    In coordination with the Department of Health, the department, upon receipt of information that a contaminant which is present in, or is likely to enter,...
  • §403.856   Plan for emergency provision of water.
    The department shall adopt an adequate plan, after consultation with the Department of Health, for the provision of safe drinking water under emergency circumstances. When,...
  • §403.857   Notification of users and regulatory agencies.
    Whenever a public water supply system:(1) Is not in compliance with the state primary and secondary drinking water regulations; (2) Fails to perform monitoring required by rules...
  • §403.858   Inspections.
    Any duly authorized representative of the department or of the Department of Health may enter, take water samples from, and inspect any property, premises, or...
  • §403.859   Prohibited acts.
    The following acts and the causing thereof are prohibited and are violations of this act:(1) Failure by a supplier of water to comply with the requirements...
  • §403.860   Penalties and remedies.
    (1) A fine, not to exceed $5,000 for each day in which a violation occurs, may be imposed by a court of competent jurisdiction on any...
  • §403.861   Department; powers and duties.
    The department shall have the power and the duty to carry out the provisions and purposes of this act and, for this purpose, to:(1) Administer and...
  • §403.8615   Determination of capability and capacity development.
    (1) The department shall require all new community water systems and new nontransient, noncommunity water systems seeking to commence operations after October 1, 1999, to demonstrate...
  • §403.862   Department of Health; public water supply duties and responsibilities; coordinated budget requests with department.
    (1) Recognizing that supervision and control of county health departments of the Department of Health is retained by the State Surgeon General, and that public health...
  • §403.863   State public water supply laboratory certification program.
    (1) The department and the Department of Health shall jointly develop a state program, and the Department of Health shall adopt rules for the evaluation and...
  • §403.8635   State drinking water sample laboratory certification program.
    (1) In addition to certifying laboratories pursuant to s. 403.863, the Department of Health is authorized to establish a periodic certification and approval program for laboratories...
  • §403.864   Public water supply accounting program.
    (1) It is the intent of the Legislature to require a yearly accounting of funds, overhead, personnel, and property used by the department and the Department...
  • §403.8645   Intended Use Plan.
    (1) The Florida Legislature recognizes that over 80 percent of the state's population lives in coastal areas and is dependent on groundwater sources for drinking water...
  • §403.865   Water and wastewater facility personnel; legislative purpose.
    The Legislature finds that the threat to the public health and the environment from the operation of water and wastewater treatment plants and water distribution...
  • §403.866   Definitions; ss. 403.865-403.876.
    As used in ss. 403.865-403.876, the term:(1) "Domestic wastewater collection system" means pipelines or conduits, pumping stations, and force mains and all other structures, devices, appurtenances,...
  • §403.867   License required.
    A person may not perform the duties of an operator of a water treatment plant, water distribution system, or a domestic wastewater treatment plant unless...
  • §403.868   Requirements by a utility.
    A utility may have more stringent requirements than set by law, including certification requirements for water distribution systems and domestic wastewater collection systems operations, except...
  • §403.869   Authority to adopt rules.
    The department may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of ss. 403.865-403.876.History.—s. 9, ch. 97-236; s. 108, ch.
  • §403.87   Technical advisory council for water and domestic wastewater operator certification.
    Within 90 days of the effective date of this act, the secretary of the department shall appoint a technical advisory council as necessary for the...
  • §403.871   Fees.
    The department shall, by rule, establish fees to be paid by persons seeking licensure or license renewal to cover the entire cost to the department...
  • §403.872   Requirements for licensure.
    (1) Any person desiring to be licensed as a water treatment plant operator, a water distribution system operator, or a domestic wastewater treatment plant operator must...
  • §403.873   Renewal of license.
    (1) The department shall renew a license upon receipt of the renewal application, proof of completion of department-approved continuing education units during the current biennium, and...
  • §403.874   Inactive status.
    (1) The department shall reactivate an inactive license upon receipt of the reactivation application and fee within the 2-year period immediately following the expiration date of...
  • §403.875   Prohibitions; penalties.
    (1) A person may not:(a) Perform the duties of an operator of a water treatment plant, water distribution system, or domestic wastewater treatment plant unless he or...
  • §403.876   Grounds for disciplinary action.
    (1) The department shall establish, by rule, the grounds for taking disciplinary action, including suspending or revoking a valid license, placing a licensee on probation, refusing...
  • §403.88   Classification of water and wastewater treatment facilities and facility operators.
    (1) The department shall classify water treatment plants, wastewater treatment plants, and water distribution systems by size, complexity, and level of treatment necessary to render the...
  • §403.885   Water Projects Grant Program.
    (1) The Department of Environmental Protection shall administer a grant program to use funds transferred pursuant to s. 212.20 to the Ecosystem Management and Restoration Trust...
  • §403.890   Water Protection and Sustainability Program.
    Revenues deposited into or appropriated to the Water Protection and Sustainability Program Trust Fund shall be distributed by the Department of Environmental Protection in the...
  • §403.891   Water Protection and Sustainability Program Trust Fund of the Department of Environmental Protection.
    (1) The Water Protection and Sustainability Program Trust Fund is created within the Department of Environmental Protection. The purpose of the trust fund is to implement...
  • §403.8911   Annual appropriation from the Water Protection and Sustainability Program Trust Fund.
    (1) Funds paid into the Water Protection and Sustainability Program Trust Fund pursuant to s. 201.15 are hereby annually appropriated for expenditure for the purposes for...

Part VII - Miscellaneous Provisions (ss. 403.90-403.9338)

  • §403.90   Judicial review relating to permits and licenses.
    (1) As used in this section, unless the context otherwise requires:(a) "Agency" means any official, officer, commission, authority, council, committee, department, division, bureau, board, section, or other...
  • §403.905   Removal of fill on sovereignty lands.
    The department or the Board of Trustees of the Internal Improvement Trust Fund has the authority to direct an abutting upland owner to remove from...
  • §403.927   Use of water in farming and forestry activities.
    (1) The Legislature recognizes the great value of farming and forestry to this state and that continued agricultural activity is compatible with wetlands protection. In order...
  • §403.9321   Short title.
    Sections 403.9321-403.9333 may be cited as the "Mangrove Trimming and Preservation Act."History.—s. 1, ch.
  • §403.9322   Legislative findings.
    (1) The Legislature finds that there are over 555,000 acres of mangroves now existing in Florida. Of this total, over 80 percent are under some form...
  • §403.9323   Legislative intent.
    (1) It is the intent of the Legislature to protect and preserve mangrove resources valuable to our environment and economy from unregulated removal, defoliation, and destruction....
  • §403.9324   Mangrove protection rule; delegation of mangrove protection to local governments.
    (1) Sections 403.9321-403.9333 and any lawful regulations adopted by a local government that receives a delegation of the department's authority to administer and enforce the regulation...
  • §403.9325   Definitions.
    For the purposes of ss. 403.9321-403.9333, the term:(1) "Alter" means anything other than trimming of mangroves. (2) "Local government" means a county or municipality. (3) "Mangrove" means any...
  • §403.9326   Exemptions.
    (1) The following activities are exempt from the permitting requirements of ss. 403.9321-403.9333 and any other provision of law if no herbicide or other chemical is...
  • §403.9327   General permits.
    (1) The following general permits are created for the trimming of mangroves that do not qualify for an exemption provided by s. 403.9326:(a) A general permit to...
  • §403.93271   Applicability to multifamily residential units.
    (1) When trimming under s. 403.9327(1)(a) occurs on property developed for multifamily residential use, the 65-percent shoreline trimming limit must be equitably distributed so that each...
  • §403.9328   Alteration and trimming of mangroves; permit requirement.
    (1) A person may not alter or trim, or cause to be altered or trimmed, any mangrove within the landward extent of wetlands and other surface...
  • §403.9329   Professional mangrove trimmers.
    (1) For purposes of ss. 403.9321-403.9333, the following persons are considered professional mangrove trimmers:(a) Certified arborists, certified by the International Society of Arboriculture; (b) Professional wetland scientists, certified...
  • §403.9331   Applicability; rules and policies.
    (1) The regulation of mangrove protection under ss. 403.9321-403.9333 is intended to be complete and effective without reference to or compliance with other statutory provisions. (2) Any...
  • §403.9332   Mitigation and enforcement.
    (1)(a) Any area in which 5 percent or more of the trimmed mangrove trees have been trimmed below 6 feet in height, except as provided in...
  • §403.9333   Variance relief.
    Upon application, the department or delegated local government may grant a variance from the provisions of ss. 403.9321-403.9333 if compliance therewith would impose a unique...
  • §403.9334   Effect of ch. 96-206.
    Nothing in chapter 96-206, Laws of Florida, shall invalidate any permit or order related to mangrove activities which has been approved by the department or...
  • §403.93345   Coral reef protection.
    (1) This section may be cited as the "Florida Coral Reef Protection Act." (2) This act applies to the sovereign submerged lands that contain coral reefs as...
  • §403.9335   Short title.
    Sections 403.9335-403.9338 may be cited as the "Protection of Urban and Residential Environments and Water Act."History.—s. 2, ch.
  • §403.9336   Legislative findings.
    The Legislature finds that the implementation of the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes (2008), which was developed by the department in...
  • §403.9337   Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes.
    (1) All county and municipal governments are encouraged to adopt and enforce the Model Ordinance for Florida-Friendly Fertilizer Use on Urban Landscapes or an equivalent requirement...
  • §403.9338   Training.
    (1) The department, in cooperation with the Institute of Food and Agricultural Sciences, shall:(a) Provide training and testing programs in urban landscape best management practices and may...

Part VIII - Natural Gas Transmission Pipeline Siting (ss. 403.9401-403.9425)

  • §403.9401   Short title.
    Sections 403.9401-403.9425 may be cited as the "Natural Gas Transmission Pipeline Siting Act."History.—s. 1, ch.
  • §403.9402   Legislative intent.
    It is the Legislature's intent by adoption of ss. 403.9401-403.9425 to establish a centralized and coordinated permitting process for the location of natural gas transmission...
  • §403.9403   Definitions.
    As used in ss. 403.9401-403.9425, the term:(1) "Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or...
  • §403.9404   Department of Environmental Protection; powers and duties.
    The Department of Environmental Protection shall have the following powers and duties:(1) To adopt procedural rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions...
  • §403.9405   Applicability; certification; exemption; notice of intent.
    (1) The provisions of ss. 403.9401-403.9425 apply to each natural gas transmission pipeline, except as provided in subsection (2). (2) No construction of a natural gas transmission...
  • §403.94055   Application contents; corridor requirements.
    (1) A natural gas transmission pipeline company may file an application encompassing all or a part of one or more proposed pipelines. The beginning and ending...
  • §403.9406   Appointment of an administrative law judge.
    Within 7 days after receipt of an application, whether complete or not, the department shall request the Division of Administrative Hearings to designate an administrative...
  • §403.9407   Distribution of application; schedules.
    (1) Within 7 days after the filing of an application, the department shall provide the applicant and the Division of Administrative Hearings the names and addresses...
  • §403.9408   Determination of completeness.
    Within 15 days after receipt of an application, the department shall file a statement with the Division of Administrative Hearings and with the applicant declaring...
  • §403.9409   Determination of sufficiency.
    Within 45 days after the distribution of the complete application or amendment, the department shall file a statement with the Division of Administrative Hearings and...
  • §403.941   Preliminary statements of issues, reports, and studies.
    (1) Each affected agency which received an application in accordance with s. 403.9407(3) shall submit a preliminary statement of issues to the department and the applicant...
  • §403.9411   Notice; proceedings; parties and participants.
    (1)(a) No later than 15 days after an application has been determined complete, the applicant shall arrange for publication of a notice of the application and...
  • §403.9412   Alternate corridors.
    (1) No later than 50 days prior to the originally scheduled certification hearing, any party may propose alternate natural gas transmission pipeline corridor routes for consideration...
  • §403.9413   Amendment to the application.
    (1) Any amendment made to the application shall be sent by the applicant to the administrative law judge and to all parties to the proceeding. (2) Any...
  • §403.9414   Alteration of time limits.
    Any time limitation in ss. 403.9401-403.9425 may be altered by the administrative law judge upon stipulation between the department and the applicant unless objected to...
  • §403.9415   Final disposition of application.
    (1) Within 60 days after receipt of the administrative law judge's recommended order, the board shall act upon the application by written order, approving in whole,...
  • §403.9416   Effect of certification.
    (1) Subject to the conditions set forth therein, certification shall constitute the sole license of the state and any agency as to the approval of the...
  • §403.9417   Recording of notice of certified corridor route.
    Within 60 days after certification of a natural gas transmission pipeline corridor pursuant to ss. 403.9401-403.9425, the applicant shall file, in accordance with s. 28.222,...
  • §403.9418   Modification of certification.
    (1) A certification may be modified after issuance in any one of the following ways:(a) The board may delegate to the department the authority to modify specific...
  • §403.9419   Enforcement of compliance.
    Failure to obtain a certification, to comply with the conditions of certification, or to comply with ss. 403.9401-403.9425 shall constitute a violation of this chapter....
  • §403.942   Superseded laws, regulations, and certification power.
    (1) Except for those provisions related to or rules adopted pursuant to a federally delegated or approved permit program, including ss. 403.0872 and 403.0885, if any...
  • §403.9421   Fees; disposition.
    The department shall charge the applicant the following fees, as appropriate, which shall be paid into the Florida Permit Fee Trust Fund:(1) An application fee of...
  • §403.9422   Determination of need for natural gas transmission pipeline; powers and duties.
    (1)(a) Upon request by an applicant or upon its own motion, the commission shall schedule a public hearing, after notice, to determine the need for a...
  • §403.9423   Certification admissible in eminent domain proceedings; attorney's fees and costs.
    (1) Certification pursuant to ss. 403.9401-403.9425 shall be admissible as evidence of public need and necessity in proceedings under chapter 73 or chapter 74. (2) No party...
  • §403.9424   Local governments; informational public meetings.
    (1) Local governments may hold informational public meetings in addition to the hearings specifically authorized by ss. 403.9401-403.9425 on any matter associated with the natural gas...
  • §403.9425   Revocation or suspension of certification.
    Any certification may be revoked or suspended:(1) For any material false statement in the application or in the supplemental or additional statements of fact or studies...

Part IX - Expedited Permitting (s. 403.973)

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Last modified: March 18, 2014