Florida Statute 403.88 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIX
PUBLIC HEALTH

Chapter 403
ENVIRONMENTAL CONTROL

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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 wastewater or source water suitable for its intended purpose in compliance with this chapter and department rules.

(2) The department shall establish the levels of certification and the staffing requirements for water treatment plant, water distribution system, and wastewater treatment plant operators certified under ss. 403.865-403.876 necessary to carry out subsection (1).

(3) A water treatment plant operator’s license is also valid as a water distribution system license of the same classification or lower.

(4) The department shall adopt rules necessary to carry out this section.

History.—s. 1, ch. 98-62; s. 13, ch. 2001-270.

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Amendments to 403.88

Annotations, Discussions, Cases:

Cases Citing Statute 403.88

Total Results: 10 | Sort by: Relevance | Newest First

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Key Haven Associated Enter., Inc. v. Bd. of Trs. of Internal Improvement Trust Fund, 400 So. 2d 66 (Fla. 1st DCA 1981).

Cited 16 times | Published | Florida 1st District Court of Appeal | 1981 Fla. App. LEXIS 19963

health and welfare or animal and plant life. Section 403.088(1), 403.031(2), Fla. Stat. (1975). [2] As

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Grove Isle, Ltd. v. State Dept. of Envir. Reg., 454 So. 2d 571 (Fla. 1st DCA 1984).

Cited 13 times | Published | Florida 1st District Court of Appeal

provided in section 403.088. In the instant case, the hearing officer seized upon section 403.088 as providing

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Avatar Dev. Corp. v. State, 723 So. 2d 199 (Fla. 1998).

Cited 12 times | Published | Supreme Court of Florida | 1998 WL 732936

this section." Id. § 403.087(3). Finally, section 403.088(2)(c)3. (water pollution operation permits)

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STATE, ETC. v. Oyster Bay Estates, 384 So. 2d 891 (Fla. 1st DCA 1980).

Cited 8 times | Published | Florida 1st District Court of Appeal

below the classification established for them (Section 403.088(1) et seq.). Chapter 75-22, Laws of Florida

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Chipola Nurseries, Inc. v. Div. OF ADM., DEPT. OF TR., 294 So. 2d 357 (Fla. 1st DCA 1974).

Cited 6 times | Published | Florida 1st District Court of Appeal

Florida Air and Water Pollution Control Act (Section 403.088, Florida Statutes, F.S.A.) and with Federal

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Caloosa Prop. v. Dept. of Env. Reg., 462 So. 2d 523 (Fla. 1st DCA 1985).

Cited 2 times | Published | Florida 1st District Court of Appeal

developers' permit application pursuant to Section 403.088(2)(b), Florida Statutes (1983).[3] Appellant

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Friends of Perdido Bay, Inc. v. Florida Dep't of Env't Prot., 44 So. 3d 650 (Fla. 1st DCA 2010).

Cited 1 times | Published | Florida 1st District Court of Appeal | 2010 Fla. App. LEXIS 14076, 2010 WL 3655891

and James Lane cross appealed arguing that section 403.088, Florida Statutes (2007), is unconstitutional

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Kirk v. US Sugar Corp., 726 So. 2d 822 (Fla. 4th DCA 1999).

Cited 1 times | Published | Florida 4th District Court of Appeal | 1999 WL 44336

enforcement only by a governmental entity. See, e.g., § 403.088(4), 403.121, 403.131, 403.135, 403.141, 403.161

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Ameraquatic, Inc. v. State, Dep't of Nat. Resources, 651 So. 2d 114 (Fla. Dist. Ct. App. 1995).

Published | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 864, 1995 WL 44433

authority to regulate the use of pesticides under section 403.088(1) pursuant to an interagency agreement with

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Miccosukee Tribe of Indians of Florida v. United States, 706 F. Supp. 2d 1296 (S.D. Fla. 2010).

Published | District Court, S.D. Florida | 40 Envtl. L. Rep. (Envtl. Law Inst.) 20122, 2010 U.S. Dist. LEXIS 37531, 2010 WL 1506267

Administrative Order relies on Florida Statute § 403.088 as the basis for its authority to do so. [DE 363-2

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.