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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 the regulation of water resources; 2
amending s. 373.323, F.S.; revising the qualification 3
requirements a person must meet in order to take the 4
water well contractor license examination; updating 5
the reference to the Florida Building Code standards 6
that a licensed water well contractor's work must 7
meet; amending s. 373.333, F.S.; authorizing certain 8
authorities who have been delegated enforcement powers 9
by water management districts to apply disciplinary 10
guidelines adopted by the districts; requiring that 11
certain notices be delivered by certified, rather than 12
registered, mail; making technical changes; amending 13
s. 373.336, F.S.; prohibiting a perso n or business 14
entity from advertising water well drilling or 15
construction services in specified circumstances; 16
amending s. 381.0065, F.S.; removing provisions 17
relating to the variance review and advisory committee 18
for onsite sewage treatment and disposal s ystem 19
permits; providing an effective date. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. Subsections (3) and (10) of section 373.323, 24
Florida Statutes, are amended to read: 25
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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
373.323 Licensure of water well contractors; ap plication, 26
qualifications, and examinations; equipment identification. — 27
(3) An applicant who meets all of the following 28
requirements is eligible shall be entitled to take the water 29
well contractor licensure examination: 30
(a) Is at least 18 years of age. 31
(b) Has at least 2 years of experience in constructing, 32
repairing, or abandoning water wells permitted in this state . 33
The applicant must demonstrate satisfactory proof of such 34
experience shall be demonstrated by providing: 35
1. Evidence of the length of time he or she the applicant 36
has been engaged in the business of the construction, repair, or 37
abandonment of water wells as a major activity, as attested to 38
by a letter from a water well contractor or a letter from a 39
water well inspector employed by a gov ernmental agency. 40
2. A list of at least 10 water wells permitted in this 41
state which he or she that the applicant has constructed, 42
repaired, or abandoned within the preceding 5 years. Of these 43
wells, at least seven must have been constructed, as defined in 44
s. 373.303(2), by the applicant. The list must shall also 45
include: 46
a. The name and address of the owner or owners of each 47
well. 48
b. The location, primary use, and approximate depth and 49
diameter of each well that the applicant has constructed, 50
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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
repaired, or abandoned. 51
c. The approximate date the construction, repair, or 52
abandonment of each well was completed. 53
(c) Has completed the application form and remitted a 54
nonrefundable application fee. 55
(10) Water well contractors licensed under this section 56
may install, repair, and modify pumps and tanks in accordance 57
with the Florida Building Code, Plumbing; Section 614-Wells 58
Section 612—Wells Pumps And Tanks Used For Private Potable Water 59
Systems. In addition, licensed water well contractors may 60
install pumps, tanks, and water conditioning equipment for all 61
water systems. 62
Section 2. Subsections (1) and (3) of section 373.333, 63
Florida Statutes, are amended to read: 64
373.333 Disciplinary guidelines; adoption and enforcement; 65
license suspension or revocation. — 66
(1) The department shall adopt by rule disciplinary 67
guidelines applicable to each specific ground for disciplinary 68
action which may be imposed by the water management districts, 69
providing each water management district and representatives of 70
the water well contracting industry with meaningful opportunity 71
to participate in the development of the disciplinary guideline 72
rules as they are drafted. The disciplinary guidelines must 73
shall be adopted by each water management district. The 74
guideline rules must shall be consistently applied by the water 75
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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
management districts , or by an authority to whom a water 76
management district has delegated enforcement powers, and must 77
do all of the following shall: 78
(a) Specify a meaningful range of designated penalties 79
based upon the severity and repetition of specific offenses. 80
(b) Distinguish minor violations from those which endanger 81
public health, safety, and welfare or contaminate the water 82
resources. 83
(c) Inform the public of likely penalties which may be 84
imposed for proscribed conduct. 85
86
A specific finding of mitigating or aggravating circumstances 87
shall allow a water management district to impose a penalty 88
other than that provided in the guidelines. Discipl inary action 89
may be taken by any water management district, regardless of 90
where the contractor's license was issued. 91
(3) Such notice must shall be served in the manner 92
required by law for the service of process upon a person in a 93
civil action or by certified registered United States mail to 94
the last known address of the person. The water management 95
district shall send copies of such notice only to persons who 96
have specifically requested such notice or to entities with 97
which the water management district h as formally agreed to 98
provide such notice. Notice alleging a violation of a rule 99
setting minimum standards for the location, construction, 100
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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
repair, or abandonment of wells must shall be accompanied by an 101
order of the water management district requiring reme dial action 102
which, if taken within the time specified in such order, will 103
effect compliance with the requirements of this part and 104
regulations issued hereunder. Such order is shall become final 105
unless a request for hearing as provided in chapter 120 is mad e 106
within 30 days after from the date of service of such order. 107
Upon compliance, notice must shall be served by the water 108
management district in a timely manner upon each person and 109
entity who received notice of a violation, stating that 110
compliance with the order has been achieved. 111
Section 3. Subsections (1) and (3) of section 373.336, 112
Florida Statutes, are amended to read: 113
373.336 Unlawful acts; penalties. — 114
(1) It is unlawful for any person or business entity, as 115
applicable, to do any of the followi ng: 116
(a) Practice water well contracting without an active 117
license issued pursuant to this part. 118
(b) Construct, repair, or abandon a water well, or operate 119
drilling equipment for such purpose, unless employed by or under 120
the supervision of a licensed wa ter well contractor or exempt 121
under s. 373.326. 122
(c) Give false or forged evidence to obtain a license. 123
(d) Present as his or her own the license of another. 124
(e) Use or attempt to use a license to practice water well 125
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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
contracting which license has been suspended, revoked, or placed 126
on inactive status. 127
(f) Engage in willful or repeated violation of this part 128
or of any department rule or regulation or water management 129
district or state agency rule or regulation relating to water 130
wells which endangers th e public health, safety, and welfare. 131
(g) Advertise water well drilling or construction services 132
if the business entity is not owned by a licensed water well 133
contractor or does not employ a full -time licensed water well 134
contractor. 135
(3) A Any person who violates any provision of this part 136
or a regulation or an order issued hereunder commits shall, upon 137
conviction, be guilty of a misdemeanor of the second degree, 138
punishable as provided in s. 775.082 or s. 775.083. Continuing 139
violation after an order or a conviction constitutes shall 140
constitute a separate violation for each day so continued. 141
Section 4. Paragraphs (h) and (w) of subsection (4) of 142
section 381.0065, Florida Statutes, are amended to read: 143
381.0065 Onsite sewage treatment and disposal systems; 144
regulation.— 145
(4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 146
construct, repair, modify, abandon, or operate an onsite sewage 147
treatment and disposal system without first obtaining a permit 148
approved by the department. The department may issue permits to 149
carry out this section, except that the issuance of a permit for 150
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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
work seaward of the coastal construction control line 151
established under s. 161.053 shall be contingent upon receipt of 152
any required coastal construction control line permit from the 153
department. A construction permit is valid for 18 months after 154
the date of issuance and may be extended by the department for 155
one 90-day period under rules adopted by the department. A 156
repair permit is valid for 90 days after the date of issuance. 157
An operating permit must be obtained before the use of any 158
aerobic treatment unit or if the establishment generates 159
commercial waste. Buildings or establishments that use an 160
aerobic treatment unit or generate co mmercial waste shall be 161
inspected by the department at least annually to assure 162
compliance with the terms of the operating permit. The operating 163
permit for a commercial wastewater system is valid for 1 year 164
after the date of issuance and must be renewed an nually. The 165
operating permit for an aerobic treatment unit is valid for 2 166
years after the date of issuance and must be renewed every 2 167
years. If all information pertaining to the siting, location, 168
and installation conditions or repair of an onsite sewage 169
treatment and disposal system remains the same, a construction 170
or repair permit for the onsite sewage treatment and disposal 171
system may be transferred to another person, if the transferee 172
files, within 60 days after the transfer of ownership, an 173
amended application providing all corrected information and 174
proof of ownership of the property. A fee is not associated with 175
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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
the processing of this supplemental information. A person may 176
not contract to construct, modify, alter, repair, service, 177
abandon, or maintain any portion of an onsite sewage treatment 178
and disposal system without being registered under part III of 179
chapter 489. A property owner who personally performs 180
construction, maintenance, or repairs to a system serving his or 181
her own owner-occupied single-family residence is exempt from 182
registration requirements for performing such construction, 183
maintenance, or repairs on that residence, but is subject to all 184
permitting requirements. A municipality or political subdivision 185
of the state may not issue a buildin g or plumbing permit for any 186
building that requires the use of an onsite sewage treatment and 187
disposal system unless the owner or builder has received a 188
construction permit for such system from the department. A 189
building or structure may not be occupied an d a municipality, 190
political subdivision, or any state or federal agency may not 191
authorize occupancy until the department approves the final 192
installation of the onsite sewage treatment and disposal system. 193
A municipality or political subdivision of the stat e may not 194
approve any change in occupancy or tenancy of a building that 195
uses an onsite sewage treatment and disposal system until the 196
department has reviewed the use of the system with the proposed 197
change, approved the change, and amended the operating per mit. 198
(h)1. The department may grant variances in hardship cases 199
which may be less restrictive than the provisions specified in 200
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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
this section. If a variance is granted and the onsite sewage 201
treatment and disposal system construction permit has been 202
issued, the variance may be transferred with the system 203
construction permit, if the transferee files, within 60 days 204
after the transfer of ownership, an amended construction permit 205
application providing all corrected information and proof of 206
ownership of the prop erty and if the same variance would have 207
been required for the new owner of the property as was 208
originally granted to the original applicant for the variance. A 209
fee is not associated with the processing of this supplemental 210
information. A variance may not be granted under this section 211
until the department is satisfied that: 212
1.a. The hardship was not caused intentionally by the 213
action of the applicant; 214
2.b. A reasonable alternative, taking into consideration 215
factors such as cost, does not exist for the t reatment of the 216
sewage; and 217
3.c. The discharge from the onsite sewage treatment and 218
disposal system will not adversely affect the health of the 219
applicant or the public or significantly degrade the groundwater 220
or surface waters. 221
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Where soil conditions, water table elevation, and setback 223
provisions are determined by the department to be satisfactory, 224
special consideration must be given to those lots platted before 225
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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
1972. 226
2. The department shall appoint and staff a variance 227
review and advisory committee, which shall meet monthly to 228
recommend agency action on variance requests. The committee 229
shall make its recommendations on variance requests at the 230
meeting in which the application is scheduled for consideration, 231
except for an extraor dinary change in circumstances, the receipt 232
of new information that raises new issues, or when the applicant 233
requests an extension. The committee shall consider the criteria 234
in subparagraph 1. in its recommended agency action on variance 235
requests and shall also strive to allow property owners the full 236
use of their land where possible. The committee consists of the 237
following: 238
a. The Secretary of Environmental Protection or his or her 239
designee. 240
b. A representative from the county health departments. 241
c. A representative from the home building industry 242
recommended by the Florida Home Builders Association. 243
d. A representative from the septic tank industry 244
recommended by the Florida Onsite Wastewater Association. 245
e. A representative from the Department o f Health. 246
f. A representative from the real estate industry who is 247
also a developer in this state who develops lots using onsite 248
sewage treatment and disposal systems, recommended by the 249
Florida Association of Realtors. 250
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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
g. A representative from the eng ineering profession 251
recommended by the Florida Engineering Society. 252
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Members shall be appointed for a term of 3 years, with such 254
appointments being staggered so that the terms of no more than 255
two members expire in any one year. Members shall serve without 256
remuneration, but if requested, shall be reimbursed for per diem 257
and travel expenses as provided in s. 112.061. 258
(w) A governmental entity, including a municipality, 259
county, or statutorily created commission, may not require an 260
engineer-designed performance-based treatment system, excluding 261
a passive engineer-designed performance -based treatment system, 262
before the completion of the Florida Onsite Sewage Nitrogen 263
Reduction Strategies Project. This paragraph does not apply to a 264
governmental entity, including a municipality, county, or 265
statutorily created commission, which adopted a local law, 266
ordinance, or regulation on or before January 31, 2012. 267
Notwithstanding this paragraph, an engineer -designed 268
performance-based treatment system may be used to meet the 269
requirements of the variance review and advisory committee 270
recommendations. 271
Section 5. This act shall take effect July 1, 2024. 272