| 10 | 10 | | 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 |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | |
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| 14 | 14 | | A bill to be entitled 1 |
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| 15 | 15 | | An act relating to the regulation of water resources; 2 |
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| 16 | 16 | | amending s. 373.323, F.S.; revising the qualification 3 |
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| 17 | 17 | | requirements a person must meet in order to take the 4 |
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| 18 | 18 | | water well contractor license examination; updating 5 |
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| 19 | 19 | | the reference to the Florida Building Code standards 6 |
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| 20 | 20 | | that a licensed water well contractor's work must 7 |
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| 21 | 21 | | meet; amending s. 373.333, F.S.; authorizing certain 8 |
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| 22 | 22 | | authorities who have been delegated enforcement powers 9 |
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| 23 | 23 | | by water management districts to apply disciplinary 10 |
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| 24 | 24 | | guidelines adopted by the districts; requiring that 11 |
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| 25 | 25 | | certain notices be delivered by certified, rather than 12 |
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| 26 | 26 | | registered, mail; making technical changes; amending 13 |
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| 27 | 27 | | s. 373.336, F.S.; prohibiting a perso n or business 14 |
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| 28 | 28 | | entity from advertising water well drilling or 15 |
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| 29 | 29 | | construction services in specified circumstances; 16 |
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| 30 | | - | amending s. 381.0065, F.S.; requiring that rules 17 |
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| 31 | | - | adopted by Department of Environmental Protection 18 |
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| 32 | | - | relating to the location of onsite sewage treatment 19 |
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| 33 | | - | and disposal systems allow a licensed water well 20 |
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| 34 | | - | contractor to apply for and receive a variance for the 21 |
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| 35 | | - | installation of a private or public potable water well 22 |
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| 36 | | - | under certain conditions; providing that the 23 |
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| 37 | | - | Department of Environmental Protection's variance 24 |
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| 38 | | - | review and advisory committee is not responsible for 25 |
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| 30 | + | amending s. 381.0065, F.S.; removing provisions 17 |
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| 31 | + | relating to the variance review and advisory committee 18 |
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| 32 | + | for onsite sewage treatment and disposal s ystem 19 |
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| 33 | + | permits; providing an effective date. 20 |
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| 34 | + | 21 |
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| 35 | + | Be It Enacted by the Legislature of the State of Florida: 22 |
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| 36 | + | 23 |
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| 37 | + | Section 1. Subsections (3) and (10) of section 373.323, 24 |
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| 38 | + | Florida Statutes, are amended to read: 25 |
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| 51 | | - | reviewing water well permitting; requiring the 26 |
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| 52 | | - | committee to consider certain requirements when making 27 |
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| 53 | | - | recommendations on variance requests for onsite sewage 28 |
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| 54 | | - | treatment and disposal system permits; providing an 29 |
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| 55 | | - | effective date. 30 |
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| 56 | | - | 31 |
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| 57 | | - | Be It Enacted by the Legislature of the State of Florida: 32 |
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| 58 | | - | 33 |
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| 59 | | - | Section 1. Subsections (3) and (10) of section 373.323, 34 |
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| 60 | | - | Florida Statutes, are amended to read: 35 |
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| 61 | | - | 373.323 Licensure of water well contractors; application, 36 |
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| 62 | | - | qualifications, and examinations; equipment identification. — 37 |
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| 63 | | - | (3) An applicant who meets all of the following 38 |
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| 64 | | - | requirements is eligible shall be entitled to take the water 39 |
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| 65 | | - | well contractor licensure examination: 40 |
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| 66 | | - | (a) Is at least 18 years of age. 41 |
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| 67 | | - | (b) Has at least 2 years of experience in constructing, 42 |
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| 68 | | - | repairing, or abandoning water wells permitted in this state . 43 |
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| 69 | | - | The applicant must demonstrate satisfactory proof of such 44 |
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| 70 | | - | experience shall be demonstrated by providing: 45 |
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| 71 | | - | 1. Evidence of the length of time he or she the applicant 46 |
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| 72 | | - | has been engaged in the business of the construction, repair, or 47 |
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| 73 | | - | abandonment of water wells as a major activity, as attested to 48 |
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| 74 | | - | by a letter from a water well contractor or a letter from a 49 |
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| 75 | | - | water well inspector employed by a governmental agency. 50 |
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| 51 | + | 373.323 Licensure of water well contractors; ap plication, 26 |
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| 52 | + | qualifications, and examinations; equipment identification. — 27 |
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| 53 | + | (3) An applicant who meets all of the following 28 |
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| 54 | + | requirements is eligible shall be entitled to take the water 29 |
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| 55 | + | well contractor licensure examination: 30 |
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| 56 | + | (a) Is at least 18 years of age. 31 |
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| 57 | + | (b) Has at least 2 years of experience in constructing, 32 |
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| 58 | + | repairing, or abandoning water wells permitted in this state . 33 |
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| 59 | + | The applicant must demonstrate satisfactory proof of such 34 |
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| 60 | + | experience shall be demonstrated by providing: 35 |
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| 61 | + | 1. Evidence of the length of time he or she the applicant 36 |
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| 62 | + | has been engaged in the business of the construction, repair, or 37 |
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| 63 | + | abandonment of water wells as a major activity, as attested to 38 |
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| 64 | + | by a letter from a water well contractor or a letter from a 39 |
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| 65 | + | water well inspector employed by a gov ernmental agency. 40 |
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| 66 | + | 2. A list of at least 10 water wells permitted in this 41 |
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| 67 | + | state which he or she that the applicant has constructed, 42 |
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| 68 | + | repaired, or abandoned within the preceding 5 years. Of these 43 |
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| 69 | + | wells, at least seven must have been constructed, as defined in 44 |
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| 70 | + | s. 373.303(2), by the applicant. The list must shall also 45 |
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| 71 | + | include: 46 |
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| 72 | + | a. The name and address of the owner or owners of each 47 |
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| 73 | + | well. 48 |
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| 74 | + | b. The location, primary use, and approximate depth and 49 |
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| 75 | + | diameter of each well that the applicant has constructed, 50 |
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| 88 | | - | 2. A list of at least 10 water wells permitted in this 51 |
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| 89 | | - | state which he or she that the applicant has constructed, 52 |
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| 90 | | - | repaired, or abandoned within the preceding 5 years. Of these 53 |
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| 91 | | - | wells, at least seven must have been constructed, as defined in 54 |
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| 92 | | - | s. 373.303(2), by the applicant. The list must shall also 55 |
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| 93 | | - | include: 56 |
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| 94 | | - | a. The name and address of the owner or owners of each 57 |
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| 95 | | - | well. 58 |
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| 96 | | - | b. The location, primary use, and approximate depth and 59 |
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| 97 | | - | diameter of each well that the applicant has constructed, 60 |
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| 98 | | - | repaired, or abandoned. 61 |
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| 99 | | - | c. The approximate date the construction, repair, or 62 |
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| 100 | | - | abandonment of each well was completed. 63 |
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| 101 | | - | (c) Has completed the application form and remitted a 64 |
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| 102 | | - | nonrefundable application fee. 65 |
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| 103 | | - | (10) Water well contractors licensed under this section 66 |
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| 104 | | - | may install, repair, and modify pumps and tanks in accordance 67 |
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| 105 | | - | with the Florida Building Code, Plumbing; Section 614-Wells 68 |
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| 106 | | - | Section 612—Wells Pumps And Tanks Used For Private Potable Water 69 |
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| 107 | | - | Systems. In addition, licensed water well contractors may 70 |
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| 108 | | - | install pumps, tanks, and water conditioning equipment for all 71 |
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| 109 | | - | water systems. 72 |
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| 110 | | - | Section 2. Subsections (1) and (3) of section 373.333, 73 |
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| 111 | | - | Florida Statutes, are amended to read: 74 |
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| 112 | | - | 373.333 Disciplinary guidelines; adoption and enforcement; 75 |
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| 88 | + | repaired, or abandoned. 51 |
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| 89 | + | c. The approximate date the construction, repair, or 52 |
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| 90 | + | abandonment of each well was completed. 53 |
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| 91 | + | (c) Has completed the application form and remitted a 54 |
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| 92 | + | nonrefundable application fee. 55 |
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| 93 | + | (10) Water well contractors licensed under this section 56 |
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| 94 | + | may install, repair, and modify pumps and tanks in accordance 57 |
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| 95 | + | with the Florida Building Code, Plumbing; Section 614-Wells 58 |
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| 96 | + | Section 612—Wells Pumps And Tanks Used For Private Potable Water 59 |
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| 97 | + | Systems. In addition, licensed water well contractors may 60 |
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| 98 | + | install pumps, tanks, and water conditioning equipment for all 61 |
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| 99 | + | water systems. 62 |
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| 100 | + | Section 2. Subsections (1) and (3) of section 373.333, 63 |
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| 101 | + | Florida Statutes, are amended to read: 64 |
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| 102 | + | 373.333 Disciplinary guidelines; adoption and enforcement; 65 |
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| 103 | + | license suspension or revocation. — 66 |
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| 104 | + | (1) The department shall adopt by rule disciplinary 67 |
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| 105 | + | guidelines applicable to each specific ground for disciplinary 68 |
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| 106 | + | action which may be imposed by the water management districts, 69 |
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| 107 | + | providing each water management district and representatives of 70 |
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| 108 | + | the water well contracting industry with meaningful opportunity 71 |
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| 109 | + | to participate in the development of the disciplinary guideline 72 |
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| 110 | + | rules as they are drafted. The disciplinary guidelines must 73 |
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| 111 | + | shall be adopted by each water management district. The 74 |
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| 112 | + | guideline rules must shall be consistently applied by the water 75 |
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| 125 | | - | license suspension or revocation. — 76 |
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| 126 | | - | (1) The department shall adopt by rule disciplinary 77 |
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| 127 | | - | guidelines applicable to each specific ground for disciplinary 78 |
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| 128 | | - | action which may be imposed by the water management districts, 79 |
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| 129 | | - | providing each water management district and representatives of 80 |
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| 130 | | - | the water well contracting industry with meaningful opportunity 81 |
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| 131 | | - | to participate in the development of the disciplinary guideline 82 |
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| 132 | | - | rules as they are drafted. The disciplinary guidelines must 83 |
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| 133 | | - | shall be adopted by each water management district. The 84 |
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| 134 | | - | guideline rules must shall be consistently applied by the water 85 |
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| 135 | | - | management districts , or by an authority to whom a water 86 |
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| 136 | | - | management district has delegated enforcement powers, and must 87 |
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| 137 | | - | do all of the following shall: 88 |
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| 138 | | - | (a) Specify a meaningful range of designated penalties 89 |
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| 139 | | - | based upon the severity and repetition of specific offenses. 90 |
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| 140 | | - | (b) Distinguish minor violations from those which endanger 91 |
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| 141 | | - | public health, safety, and welfare or contaminate the water 92 |
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| 142 | | - | resources. 93 |
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| 143 | | - | (c) Inform the public of likely penalties which may be 94 |
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| 144 | | - | imposed for proscribed conduct. 95 |
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| 145 | | - | 96 |
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| 146 | | - | A specific finding of mitigating or aggravating circumstances 97 |
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| 147 | | - | shall allow a water management district to impose a penalty 98 |
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| 148 | | - | other than that provided in the guidelines. Disciplinary action 99 |
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| 149 | | - | may be taken by any water management district, regardless of 100 |
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| 125 | + | management districts , or by an authority to whom a water 76 |
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| 126 | + | management district has delegated enforcement powers, and must 77 |
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| 127 | + | do all of the following shall: 78 |
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| 128 | + | (a) Specify a meaningful range of designated penalties 79 |
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| 129 | + | based upon the severity and repetition of specific offenses. 80 |
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| 130 | + | (b) Distinguish minor violations from those which endanger 81 |
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| 131 | + | public health, safety, and welfare or contaminate the water 82 |
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| 132 | + | resources. 83 |
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| 133 | + | (c) Inform the public of likely penalties which may be 84 |
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| 134 | + | imposed for proscribed conduct. 85 |
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| 135 | + | 86 |
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| 136 | + | A specific finding of mitigating or aggravating circumstances 87 |
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| 137 | + | shall allow a water management district to impose a penalty 88 |
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| 138 | + | other than that provided in the guidelines. Discipl inary action 89 |
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| 139 | + | may be taken by any water management district, regardless of 90 |
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| 140 | + | where the contractor's license was issued. 91 |
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| 141 | + | (3) Such notice must shall be served in the manner 92 |
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| 142 | + | required by law for the service of process upon a person in a 93 |
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| 143 | + | civil action or by certified registered United States mail to 94 |
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| 144 | + | the last known address of the person. The water management 95 |
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| 145 | + | district shall send copies of such notice only to persons who 96 |
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| 146 | + | have specifically requested such notice or to entities with 97 |
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| 147 | + | which the water management district h as formally agreed to 98 |
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| 148 | + | provide such notice. Notice alleging a violation of a rule 99 |
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| 149 | + | setting minimum standards for the location, construction, 100 |
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| 162 | | - | where the contractor's license was issued. 101 |
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| 163 | | - | (3) Such notice must shall be served in the manner 102 |
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| 164 | | - | required by law for the service of process upon a person in a 103 |
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| 165 | | - | civil action or by certified registered United States mail to 104 |
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| 166 | | - | the last known address of the person. The water management 105 |
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| 167 | | - | district shall send copies of such notice only to persons who 106 |
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| 168 | | - | have specifically requeste d such notice or to entities with 107 |
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| 169 | | - | which the water management district has formally agreed to 108 |
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| 170 | | - | provide such notice. Notice alleging a violation of a rule 109 |
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| 171 | | - | setting minimum standards for the location, construction, 110 |
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| 172 | | - | repair, or abandonment of wells must shall be accompanied by an 111 |
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| 173 | | - | order of the water management district requiring remedial action 112 |
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| 174 | | - | which, if taken within the time specified in such order, will 113 |
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| 175 | | - | effect compliance with the requirements of this part and 114 |
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| 176 | | - | regulations issued hereunder. Such order is shall become final 115 |
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| 177 | | - | unless a request for hearing as provided in chapter 120 is made 116 |
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| 178 | | - | within 30 days after from the date of service of such order. 117 |
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| 179 | | - | Upon compliance, notice must shall be served by the water 118 |
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| 180 | | - | management district in a timely manner upon each person and 119 |
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| 181 | | - | entity who received notice of a violation, stating that 120 |
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| 182 | | - | compliance with the order has been achieved. 121 |
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| 183 | | - | Section 3. Subsections (1) and (3) of section 373.336, 122 |
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| 184 | | - | Florida Statutes, are amended to read: 123 |
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| 185 | | - | 373.336 Unlawful acts; penalties. — 124 |
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| 186 | | - | (1) It is unlawful for any person or business entity, as 125 |
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| 162 | + | repair, or abandonment of wells must shall be accompanied by an 101 |
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| 163 | + | order of the water management district requiring reme dial action 102 |
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| 164 | + | which, if taken within the time specified in such order, will 103 |
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| 165 | + | effect compliance with the requirements of this part and 104 |
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| 166 | + | regulations issued hereunder. Such order is shall become final 105 |
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| 167 | + | unless a request for hearing as provided in chapter 120 is mad e 106 |
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| 168 | + | within 30 days after from the date of service of such order. 107 |
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| 169 | + | Upon compliance, notice must shall be served by the water 108 |
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| 170 | + | management district in a timely manner upon each person and 109 |
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| 171 | + | entity who received notice of a violation, stating that 110 |
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| 172 | + | compliance with the order has been achieved. 111 |
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| 173 | + | Section 3. Subsections (1) and (3) of section 373.336, 112 |
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| 174 | + | Florida Statutes, are amended to read: 113 |
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| 175 | + | 373.336 Unlawful acts; penalties. — 114 |
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| 176 | + | (1) It is unlawful for any person or business entity, as 115 |
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| 177 | + | applicable, to do any of the followi ng: 116 |
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| 178 | + | (a) Practice water well contracting without an active 117 |
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| 179 | + | license issued pursuant to this part. 118 |
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| 180 | + | (b) Construct, repair, or abandon a water well, or operate 119 |
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| 181 | + | drilling equipment for such purpose, unless employed by or under 120 |
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| 182 | + | the supervision of a licensed wa ter well contractor or exempt 121 |
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| 183 | + | under s. 373.326. 122 |
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| 184 | + | (c) Give false or forged evidence to obtain a license. 123 |
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| 185 | + | (d) Present as his or her own the license of another. 124 |
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| 186 | + | (e) Use or attempt to use a license to practice water well 125 |
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| 199 | | - | applicable, to do any of the following : 126 |
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| 200 | | - | (a) Practice water well contracting without an active 127 |
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| 201 | | - | license issued pursuant to this part. 128 |
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| 202 | | - | (b) Construct, repair, or abandon a water well, or operate 129 |
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| 203 | | - | drilling equipment for suc h purpose, unless employed by or under 130 |
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| 204 | | - | the supervision of a licensed water well contractor or exempt 131 |
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| 205 | | - | under s. 373.326. 132 |
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| 206 | | - | (c) Give false or forged evidence to obtain a license. 133 |
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| 207 | | - | (d) Present as his or her own the license of another. 134 |
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| 208 | | - | (e) Use or attempt to use a license to practice water well 135 |
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| 209 | | - | contracting which license has been suspended, revoked, or placed 136 |
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| 210 | | - | on inactive status. 137 |
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| 211 | | - | (f) Engage in willful or repeated violation of this part 138 |
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| 212 | | - | or of any department rule or regulation or water management 139 |
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| 213 | | - | district or state agency rule or regulation relating to water 140 |
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| 214 | | - | wells which endangers the public health, safety, and welfare. 141 |
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| 215 | | - | (g) Advertise water well drilling or construction services 142 |
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| 216 | | - | if the business entity is not owned by a licensed water well 143 |
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| 217 | | - | contractor or does not em ploy a full-time licensed water well 144 |
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| 218 | | - | contractor. 145 |
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| 219 | | - | (3) A Any person who violates any provision of this part 146 |
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| 220 | | - | or a regulation or an order issued hereunder commits shall, upon 147 |
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| 221 | | - | conviction, be guilty of a misdemeanor of the second degree, 148 |
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| 222 | | - | punishable as provided in s. 775.082 or s. 775.083. Continuing 149 |
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| 223 | | - | violation after an order or a conviction constitutes shall 150 |
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| 199 | + | contracting which license has been suspended, revoked, or placed 126 |
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| 200 | + | on inactive status. 127 |
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| 201 | + | (f) Engage in willful or repeated violation of this part 128 |
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| 202 | + | or of any department rule or regulation or water management 129 |
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| 203 | + | district or state agency rule or regulation relating to water 130 |
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| 204 | + | wells which endangers th e public health, safety, and welfare. 131 |
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| 205 | + | (g) Advertise water well drilling or construction services 132 |
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| 206 | + | if the business entity is not owned by a licensed water well 133 |
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| 207 | + | contractor or does not employ a full -time licensed water well 134 |
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| 208 | + | contractor. 135 |
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| 209 | + | (3) A Any person who violates any provision of this part 136 |
|---|
| 210 | + | or a regulation or an order issued hereunder commits shall, upon 137 |
|---|
| 211 | + | conviction, be guilty of a misdemeanor of the second degree, 138 |
|---|
| 212 | + | punishable as provided in s. 775.082 or s. 775.083. Continuing 139 |
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| 213 | + | violation after an order or a conviction constitutes shall 140 |
|---|
| 214 | + | constitute a separate violation for each day so continued. 141 |
|---|
| 215 | + | Section 4. Paragraphs (h) and (w) of subsection (4) of 142 |
|---|
| 216 | + | section 381.0065, Florida Statutes, are amended to read: 143 |
|---|
| 217 | + | 381.0065 Onsite sewage treatment and disposal systems; 144 |
|---|
| 218 | + | regulation.— 145 |
|---|
| 219 | + | (4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 146 |
|---|
| 220 | + | construct, repair, modify, abandon, or operate an onsite sewage 147 |
|---|
| 221 | + | treatment and disposal system without first obtaining a permit 148 |
|---|
| 222 | + | approved by the department. The department may issue permits to 149 |
|---|
| 223 | + | carry out this section, except that the issuance of a permit for 150 |
|---|
| 236 | | - | constitute a separate violation for each day so continued. 151 |
|---|
| 237 | | - | Section 4. Paragraphs (e) and (h) of subsection (4) of 152 |
|---|
| 238 | | - | section 381.0065, Florida Statutes, are amended to read: 153 |
|---|
| 239 | | - | 381.0065 Onsite sewage treatment and disposal systems; 154 |
|---|
| 240 | | - | regulation.— 155 |
|---|
| 241 | | - | (4) PERMITS; INSTALLATION; CONDITIONS. —A person may not 156 |
|---|
| 242 | | - | construct, repair, modify, abandon, or operate an onsite sewage 157 |
|---|
| 243 | | - | treatment and disposal system without first obtaining a permit 158 |
|---|
| 244 | | - | approved by the department. The department may issue permits to 159 |
|---|
| 245 | | - | carry out this section, except that the issuance of a permit for 160 |
|---|
| 246 | | - | work seaward of the coastal construction control line 161 |
|---|
| 247 | | - | established under s. 161.053 shall be contingent upon receipt of 162 |
|---|
| 248 | | - | any required coastal construction control line permit from the 163 |
|---|
| 249 | | - | department. A construction permit is valid for 18 months after 164 |
|---|
| 250 | | - | the date of issuance and may be extended by the department for 165 |
|---|
| 251 | | - | one 90-day period under rules adopted by the department . A 166 |
|---|
| 252 | | - | repair permit is valid for 90 days after the date of issuance. 167 |
|---|
| 253 | | - | An operating permit must be obtained before the use of any 168 |
|---|
| 254 | | - | aerobic treatment unit or if the establishment generates 169 |
|---|
| 255 | | - | commercial waste. Buildings or establishments that use an 170 |
|---|
| 256 | | - | aerobic treatment unit or generate commercial waste shall be 171 |
|---|
| 257 | | - | inspected by the department at least annually to assure 172 |
|---|
| 258 | | - | compliance with the terms of the operating permit. The operating 173 |
|---|
| 259 | | - | permit for a commercial wastewater system is valid for 1 year 174 |
|---|
| 260 | | - | after the date of issuance and must be renewed annually. The 175 |
|---|
| 236 | + | work seaward of the coastal construction control line 151 |
|---|
| 237 | + | established under s. 161.053 shall be contingent upon receipt of 152 |
|---|
| 238 | + | any required coastal construction control line permit from the 153 |
|---|
| 239 | + | department. A construction permit is valid for 18 months after 154 |
|---|
| 240 | + | the date of issuance and may be extended by the department for 155 |
|---|
| 241 | + | one 90-day period under rules adopted by the department. A 156 |
|---|
| 242 | + | repair permit is valid for 90 days after the date of issuance. 157 |
|---|
| 243 | + | An operating permit must be obtained before the use of any 158 |
|---|
| 244 | + | aerobic treatment unit or if the establishment generates 159 |
|---|
| 245 | + | commercial waste. Buildings or establishments that use an 160 |
|---|
| 246 | + | aerobic treatment unit or generate co mmercial waste shall be 161 |
|---|
| 247 | + | inspected by the department at least annually to assure 162 |
|---|
| 248 | + | compliance with the terms of the operating permit. The operating 163 |
|---|
| 249 | + | permit for a commercial wastewater system is valid for 1 year 164 |
|---|
| 250 | + | after the date of issuance and must be renewed an nually. The 165 |
|---|
| 251 | + | operating permit for an aerobic treatment unit is valid for 2 166 |
|---|
| 252 | + | years after the date of issuance and must be renewed every 2 167 |
|---|
| 253 | + | years. If all information pertaining to the siting, location, 168 |
|---|
| 254 | + | and installation conditions or repair of an onsite sewage 169 |
|---|
| 255 | + | treatment and disposal system remains the same, a construction 170 |
|---|
| 256 | + | or repair permit for the onsite sewage treatment and disposal 171 |
|---|
| 257 | + | system may be transferred to another person, if the transferee 172 |
|---|
| 258 | + | files, within 60 days after the transfer of ownership, an 173 |
|---|
| 259 | + | amended application providing all corrected information and 174 |
|---|
| 260 | + | proof of ownership of the property. A fee is not associated with 175 |
|---|
| 273 | | - | operating permit for an aerobic treatment unit is valid for 2 176 |
|---|
| 274 | | - | years after the date of issuance and must be renewed every 2 177 |
|---|
| 275 | | - | years. If all information pertaining to the siting, location, 178 |
|---|
| 276 | | - | and installation conditions or repair of an onsite sewage 179 |
|---|
| 277 | | - | treatment and disposal system remains the same, a construction 180 |
|---|
| 278 | | - | or repair permit for the onsite sewage treatment and disposal 181 |
|---|
| 279 | | - | system may be transferred to another person, if the transferee 182 |
|---|
| 280 | | - | files, within 60 days after the transfer of own ership, an 183 |
|---|
| 281 | | - | amended application providing all corrected information and 184 |
|---|
| 282 | | - | proof of ownership of the property. A fee is not associated with 185 |
|---|
| 283 | | - | the processing of this supplemental information. A person may 186 |
|---|
| 284 | | - | not contract to construct, modify, alter, repair, service, 187 |
|---|
| 285 | | - | abandon, or maintain any portion of an onsite sewage treatment 188 |
|---|
| 286 | | - | and disposal system without being registered under part III of 189 |
|---|
| 287 | | - | chapter 489. A property owner who personally performs 190 |
|---|
| 288 | | - | construction, maintenance, or repairs to a system serving his or 191 |
|---|
| 289 | | - | her own owner-occupied single-family residence is exempt from 192 |
|---|
| 290 | | - | registration requirements for performing such construction, 193 |
|---|
| 291 | | - | maintenance, or repairs on that residence, but is subject to all 194 |
|---|
| 292 | | - | permitting requirements. A municipality or political subdivision 195 |
|---|
| 293 | | - | of the state may not issue a building or plumbing permit for any 196 |
|---|
| 294 | | - | building that requires the use of an onsite sewage treatment and 197 |
|---|
| 295 | | - | disposal system unless the owner or builder has received a 198 |
|---|
| 296 | | - | construction permit for such system from the department. A 199 |
|---|
| 297 | | - | building or structure may not be occupied and a municipality, 200 |
|---|
| 273 | + | the processing of this supplemental information. A person may 176 |
|---|
| 274 | + | not contract to construct, modify, alter, repair, service, 177 |
|---|
| 275 | + | abandon, or maintain any portion of an onsite sewage treatment 178 |
|---|
| 276 | + | and disposal system without being registered under part III of 179 |
|---|
| 277 | + | chapter 489. A property owner who personally performs 180 |
|---|
| 278 | + | construction, maintenance, or repairs to a system serving his or 181 |
|---|
| 279 | + | her own owner-occupied single-family residence is exempt from 182 |
|---|
| 280 | + | registration requirements for performing such construction, 183 |
|---|
| 281 | + | maintenance, or repairs on that residence, but is subject to all 184 |
|---|
| 282 | + | permitting requirements. A municipality or political subdivision 185 |
|---|
| 283 | + | of the state may not issue a buildin g or plumbing permit for any 186 |
|---|
| 284 | + | building that requires the use of an onsite sewage treatment and 187 |
|---|
| 285 | + | disposal system unless the owner or builder has received a 188 |
|---|
| 286 | + | construction permit for such system from the department. A 189 |
|---|
| 287 | + | building or structure may not be occupied an d a municipality, 190 |
|---|
| 288 | + | political subdivision, or any state or federal agency may not 191 |
|---|
| 289 | + | authorize occupancy until the department approves the final 192 |
|---|
| 290 | + | installation of the onsite sewage treatment and disposal system. 193 |
|---|
| 291 | + | A municipality or political subdivision of the stat e may not 194 |
|---|
| 292 | + | approve any change in occupancy or tenancy of a building that 195 |
|---|
| 293 | + | uses an onsite sewage treatment and disposal system until the 196 |
|---|
| 294 | + | department has reviewed the use of the system with the proposed 197 |
|---|
| 295 | + | change, approved the change, and amended the operating per mit. 198 |
|---|
| 296 | + | (h)1. The department may grant variances in hardship cases 199 |
|---|
| 297 | + | which may be less restrictive than the provisions specified in 200 |
|---|
| 310 | | - | political subdivision, or any state or federal agency may not 201 |
|---|
| 311 | | - | authorize occupancy until the department approves the final 202 |
|---|
| 312 | | - | installation of the onsite sewage treatment and disposal system. 203 |
|---|
| 313 | | - | A municipality or political s ubdivision of the state may not 204 |
|---|
| 314 | | - | approve any change in occupancy or tenancy of a building that 205 |
|---|
| 315 | | - | uses an onsite sewage treatment and disposal system until the 206 |
|---|
| 316 | | - | department has reviewed the use of the system with the proposed 207 |
|---|
| 317 | | - | change, approved the change, and ame nded the operating permit. 208 |
|---|
| 318 | | - | (e) The department shall adopt rules relating to the 209 |
|---|
| 319 | | - | location of onsite sewage treatment and disposal systems, 210 |
|---|
| 320 | | - | including establishing setback distances, to prevent groundwater 211 |
|---|
| 321 | | - | contamination and surface water contamination and t o preserve 212 |
|---|
| 322 | | - | the public health. In adopting such rules, the department rules 213 |
|---|
| 323 | | - | must: 214 |
|---|
| 324 | | - | 1. Consider conventional and enhanced nutrient -reducing 215 |
|---|
| 325 | | - | onsite sewage treatment and disposal system designs, impaired or 216 |
|---|
| 326 | | - | degraded water bodies, domestic wastewater and drink ing water 217 |
|---|
| 327 | | - | infrastructure, potable water sources, nonpotable wells, 218 |
|---|
| 328 | | - | stormwater infrastructure, the onsite sewage treatment and 219 |
|---|
| 329 | | - | disposal system remediation plans developed pursuant to s. 220 |
|---|
| 330 | | - | 403.067(7)(a)9.b., nutrient pollution, and the recommendations 221 |
|---|
| 331 | | - | of the onsite sewage treatment and disposal systems technical 222 |
|---|
| 332 | | - | advisory committee established pursuant to former s. 381.00652. 223 |
|---|
| 333 | | - | 2. The rules must also Allow a person to apply for and 224 |
|---|
| 334 | | - | receive a variance from a rule requirement upon demonstration 225 |
|---|
| 310 | + | this section. If a variance is granted and the onsite sewage 201 |
|---|
| 311 | + | treatment and disposal system construction permit has been 202 |
|---|
| 312 | + | issued, the variance may be transferred with the system 203 |
|---|
| 313 | + | construction permit, if the transferee files, within 60 days 204 |
|---|
| 314 | + | after the transfer of ownership, an amended construction permit 205 |
|---|
| 315 | + | application providing all corrected information and proof of 206 |
|---|
| 316 | + | ownership of the prop erty and if the same variance would have 207 |
|---|
| 317 | + | been required for the new owner of the property as was 208 |
|---|
| 318 | + | originally granted to the original applicant for the variance. A 209 |
|---|
| 319 | + | fee is not associated with the processing of this supplemental 210 |
|---|
| 320 | + | information. A variance may not be granted under this section 211 |
|---|
| 321 | + | until the department is satisfied that: 212 |
|---|
| 322 | + | 1.a. The hardship was not caused intentionally by the 213 |
|---|
| 323 | + | action of the applicant; 214 |
|---|
| 324 | + | 2.b. A reasonable alternative, taking into consideration 215 |
|---|
| 325 | + | factors such as cost, does not exist for the t reatment of the 216 |
|---|
| 326 | + | sewage; and 217 |
|---|
| 327 | + | 3.c. The discharge from the onsite sewage treatment and 218 |
|---|
| 328 | + | disposal system will not adversely affect the health of the 219 |
|---|
| 329 | + | applicant or the public or significantly degrade the groundwater 220 |
|---|
| 330 | + | or surface waters. 221 |
|---|
| 331 | + | 222 |
|---|
| 332 | + | Where soil conditions, water table elevation, and setback 223 |
|---|
| 333 | + | provisions are determined by the department to be satisfactory, 224 |
|---|
| 334 | + | special consideration must be given to those lots platted before 225 |
|---|
| 347 | | - | that the requirement would cause an undue hardship and that 226 |
|---|
| 348 | | - | granting the variance would not cause or contribute to the 227 |
|---|
| 349 | | - | exceedance of a total maximum daily load. 228 |
|---|
| 350 | | - | 3. In consultation with the water management districts, 229 |
|---|
| 351 | | - | allow a licensed water well contractor to apply for and receive 230 |
|---|
| 352 | | - | a variance for the installation of a private or public potable 231 |
|---|
| 353 | | - | water well from the applicable water management district within 232 |
|---|
| 354 | | - | the region of installation. 233 |
|---|
| 355 | | - | (h)1. The department may grant variances in hardship cases 234 |
|---|
| 356 | | - | which may be less restrictive t han the provisions specified in 235 |
|---|
| 357 | | - | this section. If a variance is granted and the onsite sewage 236 |
|---|
| 358 | | - | treatment and disposal system construction permit has been 237 |
|---|
| 359 | | - | issued, the variance may be transferred with the system 238 |
|---|
| 360 | | - | construction permit, if the transferee files, wi thin 60 days 239 |
|---|
| 361 | | - | after the transfer of ownership, an amended construction permit 240 |
|---|
| 362 | | - | application providing all corrected information and proof of 241 |
|---|
| 363 | | - | ownership of the property and if the same variance would have 242 |
|---|
| 364 | | - | been required for the new owner of the property as was 243 |
|---|
| 365 | | - | originally granted to the original applicant for the variance. A 244 |
|---|
| 366 | | - | fee is not associated with the processing of this supplemental 245 |
|---|
| 367 | | - | information. A variance may not be granted under this section 246 |
|---|
| 368 | | - | until the department is satisfied that: 247 |
|---|
| 369 | | - | a. The hardship was not caused intentionally by the action 248 |
|---|
| 370 | | - | of the applicant; 249 |
|---|
| 371 | | - | b. A reasonable alternative, taking into consideration 250 |
|---|
| 347 | + | 1972. 226 |
|---|
| 348 | + | 2. The department shall appoint and staff a variance 227 |
|---|
| 349 | + | review and advisory committee, which shall meet monthly to 228 |
|---|
| 350 | + | recommend agency action on variance requests. The committee 229 |
|---|
| 351 | + | shall make its recommendations on variance requests at the 230 |
|---|
| 352 | + | meeting in which the application is scheduled for consideration, 231 |
|---|
| 353 | + | except for an extraor dinary change in circumstances, the receipt 232 |
|---|
| 354 | + | of new information that raises new issues, or when the applicant 233 |
|---|
| 355 | + | requests an extension. The committee shall consider the criteria 234 |
|---|
| 356 | + | in subparagraph 1. in its recommended agency action on variance 235 |
|---|
| 357 | + | requests and shall also strive to allow property owners the full 236 |
|---|
| 358 | + | use of their land where possible. The committee consists of the 237 |
|---|
| 359 | + | following: 238 |
|---|
| 360 | + | a. The Secretary of Environmental Protection or his or her 239 |
|---|
| 361 | + | designee. 240 |
|---|
| 362 | + | b. A representative from the county health departments. 241 |
|---|
| 363 | + | c. A representative from the home building industry 242 |
|---|
| 364 | + | recommended by the Florida Home Builders Association. 243 |
|---|
| 365 | + | d. A representative from the septic tank industry 244 |
|---|
| 366 | + | recommended by the Florida Onsite Wastewater Association. 245 |
|---|
| 367 | + | e. A representative from the Department o f Health. 246 |
|---|
| 368 | + | f. A representative from the real estate industry who is 247 |
|---|
| 369 | + | also a developer in this state who develops lots using onsite 248 |
|---|
| 370 | + | sewage treatment and disposal systems, recommended by the 249 |
|---|
| 371 | + | Florida Association of Realtors. 250 |
|---|
| 384 | | - | factors such as cost, does not exist for the treatment of the 251 |
|---|
| 385 | | - | sewage; and 252 |
|---|
| 386 | | - | c. The discharge from the onsite sewage treatment and 253 |
|---|
| 387 | | - | disposal system will not adversely affect the health of the 254 |
|---|
| 388 | | - | applicant or the public or significantly degrade the groundwater 255 |
|---|
| 389 | | - | or surface waters. 256 |
|---|
| 390 | | - | 257 |
|---|
| 391 | | - | Where soil conditions, water table elevation, and setback 258 |
|---|
| 392 | | - | provisions are determined by the department to be satisfactory, 259 |
|---|
| 393 | | - | special consideration must be given to those lots platted before 260 |
|---|
| 394 | | - | 1972. 261 |
|---|
| 395 | | - | 2. The department shall appoint and staff a variance 262 |
|---|
| 396 | | - | review and advisory committee, which shall meet monthly to 263 |
|---|
| 397 | | - | recommend agency action on variance requests. The committee 264 |
|---|
| 398 | | - | shall make its recommendations on variance requests at the 265 |
|---|
| 399 | | - | meeting in which the application is scheduled for consideration, 266 |
|---|
| 400 | | - | except for an extraordinary change in circumstances, the receipt 267 |
|---|
| 401 | | - | of new information that raises new issues, or when the applicant 268 |
|---|
| 402 | | - | requests an extension. The committee shall consider the criteria 269 |
|---|
| 403 | | - | in subparagraph 1. in its recommended agency action on variance 270 |
|---|
| 404 | | - | requests and shall also strive to allow property owners the full 271 |
|---|
| 405 | | - | use of their land where possible. 272 |
|---|
| 406 | | - | a. The committee is composed consists of the following: 273 |
|---|
| 407 | | - | (I)a. The Secretary of Environmental Protection or his or 274 |
|---|
| 408 | | - | her designee. 275 |
|---|
| 409 | | - | |
|---|
| 410 | | - | CS/CS/HB 1163 2024 |
|---|
| 411 | | - | |
|---|
| 412 | | - | |
|---|
| 413 | | - | |
|---|
| 414 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 415 | | - | hb1163-02-c2 |
|---|
| 416 | | - | Page 12 of 12 |
|---|
| 417 | | - | 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 |
|---|
| 418 | | - | |
|---|
| 419 | | - | |
|---|
| 420 | | - | |
|---|
| 421 | | - | (II)b. A representative from the county health 276 |
|---|
| 422 | | - | departments. 277 |
|---|
| 423 | | - | (III)c. A representative from the home building industry 278 |
|---|
| 424 | | - | recommended by the Florida Home Builders Associa tion. 279 |
|---|
| 425 | | - | (IV)d. A representative from the septic tank industry 280 |
|---|
| 426 | | - | recommended by the Florida Onsite Wastewater Association. 281 |
|---|
| 427 | | - | (V)e. A representative from the Department of Health. 282 |
|---|
| 428 | | - | (VI)f. A representative from the real estate industry who 283 |
|---|
| 429 | | - | is also a developer in this state who develops lots using onsite 284 |
|---|
| 430 | | - | sewage treatment and disposal systems, recommended by the 285 |
|---|
| 431 | | - | Florida Association of Realtors. 286 |
|---|
| 432 | | - | (VII)g. A representative from the engineering profession 287 |
|---|
| 433 | | - | recommended by the Florida Engineering Society. 288 |
|---|
| 434 | | - | b. Members shall be appointed for a term of 3 years, with 289 |
|---|
| 435 | | - | such appointments being staggered so that the terms of no more 290 |
|---|
| 436 | | - | than two members expire in any one year. Members shall serve 291 |
|---|
| 437 | | - | without remuneration, but if requested, shall be reimbursed for 292 |
|---|
| 438 | | - | per diem and travel e xpenses as provided in s. 112.061. 293 |
|---|
| 439 | | - | 3. The variance review and advisory committee is not 294 |
|---|
| 440 | | - | responsible for reviewing water well permitting. However, the 295 |
|---|
| 441 | | - | committee shall consider all requirements of law related to 296 |
|---|
| 442 | | - | onsite sewage treatment and disposal systems when making 297 |
|---|
| 443 | | - | recommendations on variance requests for onsite sewage treatment 298 |
|---|
| 444 | | - | and disposal system permits. 299 |
|---|
| 445 | | - | Section 5. This act shall take effect July 1, 2024. 300 |
|---|
| 384 | + | g. A representative from the eng ineering profession 251 |
|---|
| 385 | + | recommended by the Florida Engineering Society. 252 |
|---|
| 386 | + | 253 |
|---|
| 387 | + | Members shall be appointed for a term of 3 years, with such 254 |
|---|
| 388 | + | appointments being staggered so that the terms of no more than 255 |
|---|
| 389 | + | two members expire in any one year. Members shall serve without 256 |
|---|
| 390 | + | remuneration, but if requested, shall be reimbursed for per diem 257 |
|---|
| 391 | + | and travel expenses as provided in s. 112.061. 258 |
|---|
| 392 | + | (w) A governmental entity, including a municipality, 259 |
|---|
| 393 | + | county, or statutorily created commission, may not require an 260 |
|---|
| 394 | + | engineer-designed performance-based treatment system, excluding 261 |
|---|
| 395 | + | a passive engineer-designed performance -based treatment system, 262 |
|---|
| 396 | + | before the completion of the Florida Onsite Sewage Nitrogen 263 |
|---|
| 397 | + | Reduction Strategies Project. This paragraph does not apply to a 264 |
|---|
| 398 | + | governmental entity, including a municipality, county, or 265 |
|---|
| 399 | + | statutorily created commission, which adopted a local law, 266 |
|---|
| 400 | + | ordinance, or regulation on or before January 31, 2012. 267 |
|---|
| 401 | + | Notwithstanding this paragraph, an engineer -designed 268 |
|---|
| 402 | + | performance-based treatment system may be used to meet the 269 |
|---|
| 403 | + | requirements of the variance review and advisory committee 270 |
|---|
| 404 | + | recommendations. 271 |
|---|
| 405 | + | Section 5. This act shall take effect July 1, 2024. 272 |
|---|