Title: Ch 403, Environmetnal Control
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 Material Information
Title: Ch 403, Environmetnal Control
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Ch 403, Environmetnal Control
General Note: Box 10, Folder 22 ( SF Water Modification - 1981-83 ), Item 24
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002554
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
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F.S.1979

; permits; penalties.-
rt into the state any
fof a species not native
first obtained a permit
tural Resources.
ingly transport or trans-
indigenous or a species
een bodies of water with-
first obtained a permit
natural Resources.
or cause to be placed in
F to cultivate or cause to
of the state any aquatic
i obtained a permit from
&l Resources.
Natural Resources is au-
Bnits only after the follow-
pet:
Agriculture and Consum-
*e and Fresh Water Fish
approval of such permit.
Oncy, such as an aquatic
ues a memorandum certi-
i, transportation, or culti-
a no danger to the waters,
f the state.
f Natural Resources, the
e and Consumer Services,
i Water Fish Commission
as of such species prior to
init for importation, trans-
pecies in the waters of the
and the issuance of such
the criteria established by
"l Resources.
F Natural Resources shall
'this section on road signs

ting the provisions of this
demeanor of the second de-
rided in s. 775.082 or s.

It officers of the state and
o make arrests for viola-
force the provisions of this


cada A l tiryg out c amlenfMau w Sat. li 1 nib Sb 35. ch 69106. 4. ch 70203. a 1. Ai
t :c. -a a It. lI. 4 Tft is A -137. s 140. ch 77.104. s I. ch 77-174,a

rsowraddnd declar theathg M ndffleneat
4ipy Ahit-M teit 11 pBating to weather
peace, health and safety.
Hiacry.- heath a67436 (1) "Department" means the Department of En-
vironmental Regulation.
403.261 Provisions specifying jurisdiction re- 12) "Person" includes any public or private cor-
pealed.-All rulemaking jurisdiction over air and portion.
water pollution matters held by other agencies with- ,toryc.-, 7ch 7128 a 26. 35. ch 69106; a 2 ch 71 137 16. ch
in the state on SeDtember 1, 1967. is hereby repealed Note.-Former s 373 261


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.-- I. ch 67436


403.291 Purpose of weather modification
law.-The purpose of this law is to promote the pub-
lic safety and welfare by providing for the licensing,
regulation and control of interference by artificial
means with the natural precipitation of rain, snow,


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FS. 1979 ENVIRONMENTAL CONTROL Ch. 403


hail, moisture or water in any form contained in the
atmosphere.
Hisbory.-. 2, ch. 57-128
Note.-Former s. 373 271

403.301 Artificial weather modification oper-
ation; license required.-No person without secur-
ing a license from the department, shall cause or
attempt to cause by artificial means condensation or
precipitation of rain, show, 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.
'Hitor.- 3, ch. 57.128; -a 26, 35. e 69-106
Nue.-Former 373 281

40.311 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 set-
ting forth all of the following:
(a) The name and post office address ofthe appli-
cant.
(b) The education, experience and qualifications
of the applicant, or if the applicant is not an individ-
ual, 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 poet office address of the per-
son on whose behalf the weather modification opera-
tion is to be conducted if other than the applicant.
(d) The nature and object of the weather modifi-
cation operation which the applicant proposes to
conduct, including a general description of such op-
eration.
(e) The method and type of equipment and the
type and composition of materials that the applicant
proposes to use.
(1) Such other pertinent information as the de-
partment 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.
.lary.-e. 4. eb 57.128, m 26. 35. ch 69106
Note.-Former a 371291

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 acci-
dents arising out of the weather modification opera-
tions to be conducted by him in the amount of $10,-
000 because of bodily injury to or death ofone person
resulting from any one incident, and subject to said
limit for one person, in the amount of $100,000 be-
cause 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 destruc-
tion 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 insur-
ance or a bond in the required amount.
Hstlory.-s 5. ch 67 128. s 26. 35. ch 68-106
Note.-Former a 373 301

403.331 Issuance of license; suspension or
revocation; renewal.-
IlI 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 in s. 403.311.
(2) Each such-license shall entitle the licensee to
conduct the operation described in the application
for the calendar year bfr which the license is issued
unless the license is sooner revoked or suspended.
The conducting of any weather modification opera-
tion 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 pay-
ment of a filing fee in the sum of $50.
HiLory.-- 6. rh 57 128. a 26, 35. ch. 69G106
Noe.-Former a 373311

403.341 Filing and publication of notice of in-
tention to operate; limitation on area and time.
-Prior to undertaking any operation authorized by
the license, the licensee shall file with the depart-
ment and cause to be published a notice of intention.
The licensee shall then confine his activities sub-
stantially within the time and area limits set forth
in the notice of intention.
Hitory.-- 7, ch 57-128. m 26. 35. ch 60106
Note.-Former 373321

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 ofthe licens-
ee.
(2) The name and post office address of the per-
sons on whose behalf the weather modification oper-
ation is to be conducted if other'than the licensee.
(3) The nature and object of the weather modifi-
cation 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.
(6) The area which will be affected by the opera-
tion as nearly as the same may be determined in
advance.
History.-s 8. ch 57.128
Note.-Former a 373331

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 opera-
tion 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 locat-


I


H. i.I1


ENVIRONMENTAL CONTROL


F.S.1979


Ch. 403





Ch. 408

ed in more tha 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 circu-
lation and published within each ofsnch counties. In
case there is no newspaper published within the ap-
propriate county, publication shall be made in a
newspaper having a general circulation within the
county.
Himoy.-s 9. ch 57.128
Note.-Former s 373341

403.371 Proof of publication.-Proof of publi-
.cation shall be filed by the licensee with the depart-
ment 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 news-
paper publishing the notice.
HiLary.- 10. ch. 67-121P. s. 26. 35. ch. 69-106
No--For 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 poet 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 re-
ports of all licensees shall be available for public
examination.
H tor.-. II, ch. 57128: a 26. 3. ch. 69-100
Not.Fornn 373-361.
403.391 Emergency licenses.-Notwith-
standing 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 as. 403.351-
403.371, and without publication of notice of inten-
tion as required by a. 403.341 if the operation ap-
pears to the department to be necessary or desirable
in aid of the extinguishment of fire, dispersal of fog,
or other emergency.
Hilstar.-- 12. h 57-128;. 26. 35. rh. 69.106
Noe.-Former a 373.371

403.401 Suspension or revocation of license.
-Any license may be revoked or suspended if the
department finds that the licensee has failed or re-
fused to comply with any ofthe provisions of this act.
HLtory--a ch 57-128: a 21. ch 63-512. a. 26, 3. h. Wh106: a 14. h1
78-5
Note-Former 37 3381

403.411 Penalty.-Any person conducting a
weather modification operation without first having
procured a license, or who shall make a false state-
ment 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 oper-
ation 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 de-


EAL CO ROL PF.197s

gree, 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.
Him ry.---a 14. ch 57.128: s. 351. ch 71.136
Noft.-Former a 373391

403.412 Environmental Protection Act.-
(1) This section shall be known and may be cited
as the "Environmental Protection Act of 1971."
(2Xa) The Department of Legal Affairs, any polit-
ical subdivision or municipality of the state, or a
citizen of the state may maintain an action for in-
junctive 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, governmen-
tal agency or authority to enjoin such persons, agen-
cies, 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 Depart-
ment 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 complain-
ing party shall first file with the governmental agen-
cies or authorities charged by law with the duty of
regulating or prohibiting the act or conduct com-
plained 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 par-
ties charged with violating the laws, rules, and regu-
lations 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 pro-
ceedings authorized in paragraph (a). However, fail-
ure to comply with this subsection shall not bar an
action for a temporary restraining order to prevent
immediate and irreparable harm from the conduct
or activity complained of.
(d) In any action instituted pursuant to para-
graph (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 pro-
tection 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 pol-
lution, 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, is-
sued by the appropriate governmental authorities or




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