Florida Senate - 2024 SB 1136 By Senator Trumbull 2-01501A-24 20241136__ 1 A bill to be entitled 2 An act relating to the regulation of water resources; 3 amending s. 373.323, F.S.; revising the qualification 4 requirements a person must meet in order to take the 5 water well contractor license examination; updating 6 the reference to the Florida Building Code standards 7 that a licensed water well contractors work must 8 meet; amending s. 373.333, F.S.; authorizing certain 9 authorities who have been delegated enforcement powers 10 by water management districts to apply disciplinary 11 guidelines adopted by the districts; requiring that 12 certain notices be delivered by certified, rather than 13 registered, mail; making technical changes; amending 14 s. 373.336, F.S.; prohibiting a person or business 15 entity from advertising water well drilling or 16 construction services in specified circumstances; 17 amending s. 381.0065, F.S.; deleting provisions 18 relating to the variance review and advisory committee 19 for onsite sewage treatment and disposal system 20 permits; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Subsections (3) and (10) of section 373.323, 25 Florida Statutes, are amended to read: 26 373.323Licensure of water well contractors; application, 27 qualifications, and examinations; equipment identification. 28 (3)An applicant who meets all of the following 29 requirements is eligible shall be entitled to take the water 30 well contractor licensure examination: 31 (a)Is at least 18 years of age. 32 (b)Has at least 2 years of experience in constructing, 33 repairing, or abandoning water wells permitted in this state. 34 The applicant must demonstrate satisfactory proof of such 35 experience shall be demonstrated by providing: 36 1.Evidence of the length of time he or she the applicant 37 has been engaged in the business of the construction, repair, or 38 abandonment of water wells as a major activity, as attested to 39 by a letter from a water well contractor or a letter from a 40 water well inspector employed by a governmental agency. 41 2.A list of at least 10 water wells permitted in this 42 state which he or she that the applicant has constructed, 43 repaired, or abandoned within the preceding 5 years. Of these 44 wells, at least seven must have been constructed, as defined in 45 s. 373.303(2), by the applicant. The list must shall also 46 include: 47 a.The name and address of the owner or owners of each 48 well. 49 b.The location, primary use, and approximate depth and 50 diameter of each well that the applicant has constructed, 51 repaired, or abandoned. 52 c.The approximate date the construction, repair, or 53 abandonment of each well was completed. 54 (c)Has completed the application form and remitted a 55 nonrefundable application fee. 56 (10)Water well contractors licensed under this section may 57 install, repair, and modify pumps and tanks in accordance with 58 the Florida Building Code, Plumbing; Section 614-Wells Section 59 612Wells Pumps And Tanks Used For Private Potable Water 60 Systems. In addition, licensed water well contractors may 61 install pumps, tanks, and water conditioning equipment for all 62 water systems. 63 Section 2.Subsections (1) and (3) of section 373.333, 64 Florida Statutes, are amended to read: 65 373.333Disciplinary guidelines; adoption and enforcement; 66 license suspension or revocation. 67 (1)The department shall adopt by rule disciplinary 68 guidelines applicable to each specific ground for disciplinary 69 action which may be imposed by the water management districts, 70 providing each water management district and representatives of 71 the water well contracting industry with meaningful opportunity 72 to participate in the development of the disciplinary guideline 73 rules as they are drafted. The disciplinary guidelines must 74 shall be adopted by each water management district. The 75 guideline rules must shall be consistently applied by the water 76 management districts, or by an authority to whom a water 77 management district has delegated enforcement powers, and must 78 do all of the following shall: 79 (a)Specify a meaningful range of designated penalties 80 based upon the severity and repetition of specific offenses. 81 (b)Distinguish minor violations from those which endanger 82 public health, safety, and welfare or contaminate the water 83 resources. 84 (c)Inform the public of likely penalties which may be 85 imposed for proscribed conduct. 86 87 A specific finding of mitigating or aggravating circumstances 88 shall allow a water management district to impose a penalty 89 other than that provided in the guidelines. Disciplinary action 90 may be taken by any water management district, regardless of 91 where the contractors license was issued. 92 (3)Such notice must shall be served in the manner required 93 by law for the service of process upon a person in a civil 94 action or by certified registered United States mail to the last 95 known address of the person. The water management district shall 96 send copies of such notice only to persons who have specifically 97 requested such notice or to entities with which the water 98 management district has formally agreed to provide such notice. 99 Notice alleging a violation of a rule setting minimum standards 100 for the location, construction, repair, or abandonment of wells 101 must shall be accompanied by an order of the water management 102 district requiring remedial action which, if taken within the 103 time specified in such order, will effect compliance with the 104 requirements of this part and regulations issued hereunder. Such 105 order is shall become final unless a request for hearing as 106 provided in chapter 120 is made within 30 days after from the 107 date of service of such order. Upon compliance, notice must 108 shall be served by the water management district in a timely 109 manner upon each person and entity who received notice of a 110 violation, stating that compliance with the order has been 111 achieved. 112 Section 3.Subsections (1) and (3) of section 373.336, 113 Florida Statutes, are amended to read: 114 373.336Unlawful acts; penalties. 115 (1)It is unlawful for any person or business entity, as 116 applicable, to do any of the following: 117 (a)Practice water well contracting without an active 118 license issued pursuant to this part. 119 (b)Construct, repair, or abandon a water well, or operate 120 drilling equipment for such purpose, unless employed by or under 121 the supervision of a licensed water well contractor or exempt 122 under s. 373.326. 123 (c)Give false or forged evidence to obtain a license. 124 (d)Present as his or her own the license of another. 125 (e)Use or attempt to use a license to practice water well 126 contracting which license has been suspended, revoked, or placed 127 on inactive status. 128 (f)Engage in willful or repeated violation of this part or 129 of any department rule or regulation or water management 130 district or state agency rule or regulation relating to water 131 wells which endangers the public health, safety, and welfare. 132 (g)Advertise water well drilling or construction services 133 if the business entity is not owned by a licensed water well 134 contractor or does not employ a full-time water well contractor. 135 (3)A Any person who violates any provision of this part or 136 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: 143 381.0065Onsite 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 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 commercial 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 annually. 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 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 building 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 and 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 state 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 permit. 198 (h)1.The department may grant variances in hardship cases 199 which may be less restrictive than the provisions specified in 200 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 property 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 treatment 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. 221 222 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 1972. 226 2.The department shall appoint and staff a variance review 227 and advisory committee, which shall meet monthly to recommend 228 agency action on variance requests. The committee shall make its 229 recommendations on variance requests at the meeting in which the 230 application is scheduled for consideration, except for an 231 extraordinary change in circumstances, the receipt of new 232 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 of 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 g.A representative from the engineering profession 251 recommended by the Florida Engineering Society. 252 253 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.