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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 person or business 14
entity from advertising water well drilling or 15
construction services in specified circumstances; 16
amending s. 381.0065, F.S.; requiring that rules 17
adopted by Department of Environmental Protection 18
relating to the location of onsite sewage treatment 19
and disposal systems allow a licensed water well 20
contractor to apply for and receive a variance for the 21
installation of a private or public potable water well 22
under certain conditions; providing that the 23
Department of Environmental Protection's variance 24
review and advisory committee is not responsible for 25
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reviewing water well permitting; requiring the 26
committee to consider certain requirements when making 27
recommendations on variance requests for onsite sewage 28
treatment and disposal system permits; providing an 29
effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Subsections (3) and (10) of section 373.323, 34
Florida Statutes, are amended to read: 35
373.323 Licensure of water well contractors; application, 36
qualifications, and examinations; equipment identification. — 37
(3) An applicant who meets all of the following 38
requirements is eligible shall be entitled to take the water 39
well contractor licensure examination: 40
(a) Is at least 18 years of age. 41
(b) Has at least 2 years of experience in constructing, 42
repairing, or abandoning water wells permitted in this state . 43
The applicant must demonstrate satisfactory proof of such 44
experience shall be demonstrated by providing: 45
1. Evidence of the length of time he or she the applicant 46
has been engaged in the business of the construction, repair, or 47
abandonment of water wells as a major activity, as attested to 48
by a letter from a water well contractor or a letter from a 49
water well inspector employed by a governmental agency. 50
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2. A list of at least 10 water wells permitted in this 51
state which he or she that the applicant has constructed, 52
repaired, or abandoned within the preceding 5 years. Of these 53
wells, at least seven must have been constructed, as defined in 54
s. 373.303(2), by the applicant. The list must shall also 55
include: 56
a. The name and address of the owner or owners of each 57
well. 58
b. The location, primary use, and approximate depth and 59
diameter of each well that the applicant has constructed, 60
repaired, or abandoned. 61
c. The approximate date the construction, repair, or 62
abandonment of each well was completed. 63
(c) Has completed the application form and remitted a 64
nonrefundable application fee. 65
(10) Water well contractors licensed under this section 66
may install, repair, and modify pumps and tanks in accordance 67
with the Florida Building Code, Plumbing; Section 614-Wells 68
Section 612—Wells Pumps And Tanks Used For Private Potable Water 69
Systems. In addition, licensed water well contractors may 70
install pumps, tanks, and water conditioning equipment for all 71
water systems. 72
Section 2. Subsections (1) and (3) of section 373.333, 73
Florida Statutes, are amended to read: 74
373.333 Disciplinary guidelines; adoption and enforcement; 75
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license suspension or revocation. — 76
(1) The department shall adopt by rule disciplinary 77
guidelines applicable to each specific ground for disciplinary 78
action which may be imposed by the water management districts, 79
providing each water management district and representatives of 80
the water well contracting industry with meaningful opportunity 81
to participate in the development of the disciplinary guideline 82
rules as they are drafted. The disciplinary guidelines must 83
shall be adopted by each water management district. The 84
guideline rules must shall be consistently applied by the water 85
management districts , or by an authority to whom a water 86
management district has delegated enforcement powers, and must 87
do all of the following shall: 88
(a) Specify a meaningful range of designated penalties 89
based upon the severity and repetition of specific offenses. 90
(b) Distinguish minor violations from those which endanger 91
public health, safety, and welfare or contaminate the water 92
resources. 93
(c) Inform the public of likely penalties which may be 94
imposed for proscribed conduct. 95
96
A specific finding of mitigating or aggravating circumstances 97
shall allow a water management district to impose a penalty 98
other than that provided in the guidelines. Disciplinary action 99
may be taken by any water management district, regardless of 100
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where the contractor's license was issued. 101
(3) Such notice must shall be served in the manner 102
required by law for the service of process upon a person in a 103
civil action or by certified registered United States mail to 104
the last known address of the person. The water management 105
district shall send copies of such notice only to persons who 106
have specifically requeste d such notice or to entities with 107
which the water management district has formally agreed to 108
provide such notice. Notice alleging a violation of a rule 109
setting minimum standards for the location, construction, 110
repair, or abandonment of wells must shall be accompanied by an 111
order of the water management district requiring remedial action 112
which, if taken within the time specified in such order, will 113
effect compliance with the requirements of this part and 114
regulations issued hereunder. Such order is shall become final 115
unless a request for hearing as provided in chapter 120 is made 116
within 30 days after from the date of service of such order. 117
Upon compliance, notice must shall be served by the water 118
management district in a timely manner upon each person and 119
entity who received notice of a violation, stating that 120
compliance with the order has been achieved. 121
Section 3. Subsections (1) and (3) of section 373.336, 122
Florida Statutes, are amended to read: 123
373.336 Unlawful acts; penalties. — 124
(1) It is unlawful for any person or business entity, as 125
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applicable, to do any of the following : 126
(a) Practice water well contracting without an active 127
license issued pursuant to this part. 128
(b) Construct, repair, or abandon a water well, or operate 129
drilling equipment for suc h purpose, unless employed by or under 130
the supervision of a licensed water well contractor or exempt 131
under s. 373.326. 132
(c) Give false or forged evidence to obtain a license. 133
(d) Present as his or her own the license of another. 134
(e) Use or attempt to use a license to practice water well 135
contracting which license has been suspended, revoked, or placed 136
on inactive status. 137
(f) Engage in willful or repeated violation of this part 138
or of any department rule or regulation or water management 139
district or state agency rule or regulation relating to water 140
wells which endangers the public health, safety, and welfare. 141
(g) Advertise water well drilling or construction services 142
if the business entity is not owned by a licensed water well 143
contractor or does not em ploy a full-time licensed water well 144
contractor. 145
(3) A Any person who violates any provision of this part 146
or a regulation or an order issued hereunder commits shall, upon 147
conviction, be guilty of a misdemeanor of the second degree, 148
punishable as provided in s. 775.082 or s. 775.083. Continuing 149
violation after an order or a conviction constitutes shall 150
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constitute a separate violation for each day so continued. 151
Section 4. Paragraphs (e) and (h) of subsection (4) of 152
section 381.0065, Florida Statutes, are amended to read: 153
381.0065 Onsite sewage treatment and disposal systems; 154
regulation.— 155
(4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 156
construct, repair, modify, abandon, or operate an onsite sewage 157
treatment and disposal system without first obtaining a permit 158
approved by the department. The department may issue permits to 159
carry out this section, except that the issuance of a permit for 160
work seaward of the coastal construction control line 161
established under s. 161.053 shall be contingent upon receipt of 162
any required coastal construction control line permit from the 163
department. A construction permit is valid for 18 months after 164
the date of issuance and may be extended by the department for 165
one 90-day period under rules adopted by the department . A 166
repair permit is valid for 90 days after the date of issuance. 167
An operating permit must be obtained before the use of any 168
aerobic treatment unit or if the establishment generates 169
commercial waste. Buildings or establishments that use an 170
aerobic treatment unit or generate commercial waste shall be 171
inspected by the department at least annually to assure 172
compliance with the terms of the operating permit. The operating 173
permit for a commercial wastewater system is valid for 1 year 174
after the date of issuance and must be renewed annually. The 175
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operating permit for an aerobic treatment unit is valid for 2 176
years after the date of issuance and must be renewed every 2 177
years. If all information pertaining to the siting, location, 178
and installation conditions or repair of an onsite sewage 179
treatment and disposal system remains the same, a construction 180
or repair permit for the onsite sewage treatment and disposal 181
system may be transferred to another person, if the transferee 182
files, within 60 days after the transfer of own ership, an 183
amended application providing all corrected information and 184
proof of ownership of the property. A fee is not associated with 185
the processing of this supplemental information. A person may 186
not contract to construct, modify, alter, repair, service, 187
abandon, or maintain any portion of an onsite sewage treatment 188
and disposal system without being registered under part III of 189
chapter 489. A property owner who personally performs 190
construction, maintenance, or repairs to a system serving his or 191
her own owner-occupied single-family residence is exempt from 192
registration requirements for performing such construction, 193
maintenance, or repairs on that residence, but is subject to all 194
permitting requirements. A municipality or political subdivision 195
of the state may not issue a building or plumbing permit for any 196
building that requires the use of an onsite sewage treatment and 197
disposal system unless the owner or builder has received a 198
construction permit for such system from the department. A 199
building or structure may not be occupied and a municipality, 200
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political subdivision, or any state or federal agency may not 201
authorize occupancy until the department approves the final 202
installation of the onsite sewage treatment and disposal system. 203
A municipality or political s ubdivision of the state may not 204
approve any change in occupancy or tenancy of a building that 205
uses an onsite sewage treatment and disposal system until the 206
department has reviewed the use of the system with the proposed 207
change, approved the change, and ame nded the operating permit. 208
(e) The department shall adopt rules relating to the 209
location of onsite sewage treatment and disposal systems, 210
including establishing setback distances, to prevent groundwater 211
contamination and surface water contamination and t o preserve 212
the public health. In adopting such rules, the department rules 213
must: 214
1. Consider conventional and enhanced nutrient -reducing 215
onsite sewage treatment and disposal system designs, impaired or 216
degraded water bodies, domestic wastewater and drink ing water 217
infrastructure, potable water sources, nonpotable wells, 218
stormwater infrastructure, the onsite sewage treatment and 219
disposal system remediation plans developed pursuant to s. 220
403.067(7)(a)9.b., nutrient pollution, and the recommendations 221
of the onsite sewage treatment and disposal systems technical 222
advisory committee established pursuant to former s. 381.00652. 223
2. The rules must also Allow a person to apply for and 224
receive a variance from a rule requirement upon demonstration 225
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that the requirement would cause an undue hardship and that 226
granting the variance would not cause or contribute to the 227
exceedance of a total maximum daily load. 228
3. In consultation with the water management districts, 229
allow a licensed water well contractor to apply for and receive 230
a variance for the installation of a private or public potable 231
water well from the applicable water management district within 232
the region of installation. 233
(h)1. The department may grant variances in hardship cases 234
which may be less restrictive t han the provisions specified in 235
this section. If a variance is granted and the onsite sewage 236
treatment and disposal system construction permit has been 237
issued, the variance may be transferred with the system 238
construction permit, if the transferee files, wi thin 60 days 239
after the transfer of ownership, an amended construction permit 240
application providing all corrected information and proof of 241
ownership of the property and if the same variance would have 242
been required for the new owner of the property as was 243
originally granted to the original applicant for the variance. A 244
fee is not associated with the processing of this supplemental 245
information. A variance may not be granted under this section 246
until the department is satisfied that: 247
a. The hardship was not caused intentionally by the action 248
of the applicant; 249
b. A reasonable alternative, taking into consideration 250
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factors such as cost, does not exist for the treatment of the 251
sewage; and 252
c. The discharge from the onsite sewage treatment and 253
disposal system will not adversely affect the health of the 254
applicant or the public or significantly degrade the groundwater 255
or surface waters. 256
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Where soil conditions, water table elevation, and setback 258
provisions are determined by the department to be satisfactory, 259
special consideration must be given to those lots platted before 260
1972. 261
2. The department shall appoint and staff a variance 262
review and advisory committee, which shall meet monthly to 263
recommend agency action on variance requests. The committee 264
shall make its recommendations on variance requests at the 265
meeting in which the application is scheduled for consideration, 266
except for an extraordinary change in circumstances, the receipt 267
of new information that raises new issues, or when the applicant 268
requests an extension. The committee shall consider the criteria 269
in subparagraph 1. in its recommended agency action on variance 270
requests and shall also strive to allow property owners the full 271
use of their land where possible. 272
a. The committee is composed consists of the following: 273
(I)a. The Secretary of Environmental Protection or his or 274
her designee. 275
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(II)b. A representative from the county health 276
departments. 277
(III)c. A representative from the home building industry 278
recommended by the Florida Home Builders Associa tion. 279
(IV)d. A representative from the septic tank industry 280
recommended by the Florida Onsite Wastewater Association. 281
(V)e. A representative from the Department of Health. 282
(VI)f. A representative from the real estate industry who 283
is also a developer in this state who develops lots using onsite 284
sewage treatment and disposal systems, recommended by the 285
Florida Association of Realtors. 286
(VII)g. A representative from the engineering profession 287
recommended by the Florida Engineering Society. 288
b. Members shall be appointed for a term of 3 years, with 289
such appointments being staggered so that the terms of no more 290
than two members expire in any one year. Members shall serve 291
without remuneration, but if requested, shall be reimbursed for 292
per diem and travel e xpenses as provided in s. 112.061. 293
3. The variance review and advisory committee is not 294
responsible for reviewing water well permitting. However, the 295
committee shall consider all requirements of law related to 296
onsite sewage treatment and disposal systems when making 297
recommendations on variance requests for onsite sewage treatment 298
and disposal system permits. 299
Section 5. This act shall take effect July 1, 2024. 300