HB 1163 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to water well contractors; amending s. 2
373.323, F.S.; revising eligibility requirements for 3
the water well contractor licensure examination; 4
updating a reference to the Florida Building Code; 5
amending s. 373.333, F.S.; revising provisions for the 6
enforcement of water well contracting disciplinary 7
guidelines; amending s. 373.336, F.S.; prohibiting the 8
advertisement of water well drilling or cons truction 9
services under specified conditions; providing an 10
effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Paragraph (b) of subsection (3) and subsection 15
(10) of section 373.323, Florida Statutes, are amended to read: 16
373.323 Licensure of water well contractors; application, 17
qualifications, and examinations; equipment identification. — 18
(3) An applicant who meets the following requirements 19
shall be entitled to take the water well contractor licensure 20
examination: 21
(b) Has at least 2 years of experience in constructing, 22
repairing, or abandoning water wells permitted in this state . 23
Satisfactory proof of such experience shall be demonstrated by 24
providing: 25
HB 1163 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. Evidence of the length of time the applicant has bee n 26
engaged in the business of the construction, repair, or 27
abandonment of water wells as a major activity, as attested to 28
by a letter from a water well contractor or a letter from a 29
water well inspector employed by a governmental agency. 30
2. A list of at least 10 water wells permitted in this 31
state that the applicant has constructed, repaired, or abandoned 32
within the preceding 5 years. Of these wells, at least seven 33
must have been constructed, as defined in s. 373.303(2), by the 34
applicant. The list shall al so include: 35
a. The name and address of the owner or owners of each 36
well. 37
b. The location, primary use, and approximate depth and 38
diameter of each well that the applicant has constructed, 39
repaired, or abandoned. 40
c. The approximate date the constructio n, repair, or 41
abandonment of each well was completed. 42
(10) Water well contractors licensed under this section 43
may install, repair, and modify pumps and tanks in accordance 44
with the Florida Building Code, Plumbing; Section 614 612—Wells 45
pumps and tanks used for private potable water systems. In 46
addition, licensed water well contractors may install pumps, 47
tanks, and water conditioning equipment for all water systems. 48
Section 2. Subsections (1) and (3) of section 373.333, 49
Florida Statutes, are amended to read: 50
HB 1163 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
373.333 Disciplinary guidelines; adoption and enforcement; 51
license suspension or revocation. — 52
(1) The department shall adopt by rule disciplinary 53
guidelines applicable to each specific ground for disciplinary 54
action which may be imposed by the w ater management districts, 55
providing each water management district and representatives of 56
the water well contracting industry with meaningful opportunity 57
to participate in the development of the disciplinary guideline 58
rules as they are drafted. The discip linary guidelines shall be 59
adopted by each water management district. The guideline rules 60
shall be consistently applied by the water management districts 61
or delegated authority and shall: 62
(a) Specify a meaningful range of designated penalties 63
based upon the severity and repetition of specific offenses. 64
(b) Distinguish minor violations from those which endanger 65
public health, safety, and welfare or contaminate the water 66
resources. 67
(c) Inform the public of likely penalties which may be 68
imposed for proscribed conduct. 69
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A specific finding of mitigating or aggravating circumstances 71
shall allow a water management district to impose a penalty 72
other than that provided in the guidelines. Disciplinary action 73
may be taken by any water management district, regardl ess of 74
where the contractor's license was issued. 75
HB 1163 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) Such notice shall be served in the manner required by 76
law for the service of process upon a person in a civil action 77
or by certified registered United States mail to the last known 78
address of the person. The water management district shall send 79
copies of such notice only to persons who have specifically 80
requested such notice or to entities with which the water 81
management district has formally agreed to provide such notice. 82
Notice alleging a violation o f a rule setting minimum standards 83
for the location, construction, repair, or abandonment of wells 84
shall be accompanied by an order of the water management 85
district requiring remedial action which, if taken within the 86
time specified in such order, will eff ect compliance with the 87
requirements of this part and regulations issued hereunder. Such 88
order shall become final unless a request for hearing as 89
provided in chapter 120 is made within 30 days from the date of 90
service of such order. Upon compliance, notice shall be served 91
by the water management district in a timely manner upon each 92
person and entity who received notice of a violation, stating 93
that compliance with the order has been achieved. 94
Section 3. Paragraph (g) is added to subsection (1) of 95
section 373.336, Florida Statutes, to read: 96
373.336 Unlawful acts; penalties. — 97
(1) It is unlawful for any person to: 98
(g) Advertise water well drilling or construction services 99
if the person is not a licensed water well contractor or does 100
HB 1163 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not employ a full-time licensed water well contractor. 101
Section 4. This act shall take effect July 1, 2024. 102