Florida Statutes

Fla. Stat. § 403.857 (2025)

Notification of users and regulatory agencies.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 or regulations adopted by the department;

(3) Is subject to a variance granted for an inability to meet a maximum contaminant level requirement;

(4) Is subject to an exemption; or

(5) Fails to comply with the requirements prescribed by a variance or exemption,

the owner or operator of the system shall, as soon as practicable, notify the local public health departments, the department, and the communications media serving the area served by the system of that fact and of the extent, nature, and possible health effects of such fact. Such notice shall also be given by the owner or operator of the system by publication in a newspaper of general circulation, as determined by the department, within the area served by such water system at least once every 3 months as long as the violation, variance, or exemption continues. Such notice shall also be given with the water bills of the system as long as the violation, variance, or exemption continues, as follows: if the water bills of a public water system are issued at least as often as once every 3 months, such notice shall be included in at least one water bill of the system for each customer every 3 months; if the system issues its water bills less often than once every 3 months, such notice shall be included in each of the water bills issued by the system for each customer. However, the provisions of this section notwithstanding, the department may prescribe by rule reasonable alternative notice requirements.

History.—s. 8, ch. 77-337.

Notes of Decisions

Cited in 1 case, 1980–1980 · leading case: Dep't of Env't Reg. v. Whitfield, 382 So. 2d 89 (Fla. 1st DCA 1980).

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Dep't of Env't Reg. v. Whitfield, 382 So. 2d 89 (Fla. 1st DCA 1980). · cites it 2× “of this cause by Plaintiff: Except for the conclusory statement that “irreparable harm would result” to Whitfield were his motion for temporary restraining order not granted, the order makes no finding of fact or conclusion of law suggesting the necessity or propriety of…”

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