Florida Senate - 2024 CS for SB 1136 By the Committee on Community Affairs; and Senator Trumbull 578-02602-24 20241136c1 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.; requiring that certain 18 rules adopted by Department of Environmental 19 Protection relating to the location of onsite sewage 20 treatment and disposal systems allow licensed water 21 well contractors to apply for and receive from the 22 water management district within the region of 23 installation a variance for private or public potable 24 well installations; deleting provisions relating to 25 the variance review and advisory committee for onsite 26 sewage treatment and disposal system permits; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Subsections (3) and (10) of section 373.323, 32 Florida Statutes, are amended to read: 33 373.323Licensure of water well contractors; application, 34 qualifications, and examinations; equipment identification. 35 (3)An applicant who meets all of the following 36 requirements is eligible shall be entitled to take the water 37 well contractor licensure examination: 38 (a)Is at least 18 years of age. 39 (b)Has at least 2 years of experience in constructing, 40 repairing, or abandoning water wells permitted in this state. 41 The applicant must demonstrate satisfactory proof of such 42 experience shall be demonstrated by providing: 43 1.Evidence of the length of time he or she the applicant 44 has been engaged in the business of the construction, repair, or 45 abandonment of water wells as a major activity, as attested to 46 by a letter from a water well contractor or a letter from a 47 water well inspector employed by a governmental agency. 48 2.A list of at least 10 water wells permitted in this 49 state which he or she that the applicant has constructed, 50 repaired, or abandoned within the preceding 5 years. Of these 51 wells, at least seven must have been constructed, as defined in 52 s. 373.303(2), by the applicant. The list must shall also 53 include: 54 a.The name and address of the owner or owners of each 55 well. 56 b.The location, primary use, and approximate depth and 57 diameter of each well that the applicant has constructed, 58 repaired, or abandoned. 59 c.The approximate date the construction, repair, or 60 abandonment of each well was completed. 61 (c)Has completed the application form and remitted a 62 nonrefundable application fee. 63 (10)Water well contractors licensed under this section may 64 install, repair, and modify pumps and tanks in accordance with 65 the Florida Building Code, Plumbing; Section 614-Wells Section 66 612Wells Pumps And Tanks Used For Private Potable Water 67 Systems. In addition, licensed water well contractors may 68 install pumps, tanks, and water conditioning equipment for all 69 water systems. 70 Section 2.Subsections (1) and (3) of section 373.333, 71 Florida Statutes, are amended to read: 72 373.333Disciplinary guidelines; adoption and enforcement; 73 license suspension or revocation. 74 (1)The department shall adopt by rule disciplinary 75 guidelines applicable to each specific ground for disciplinary 76 action which may be imposed by the water management districts, 77 providing each water management district and representatives of 78 the water well contracting industry with meaningful opportunity 79 to participate in the development of the disciplinary guideline 80 rules as they are drafted. The disciplinary guidelines must 81 shall be adopted by each water management district. The 82 guideline rules must shall be consistently applied by the water 83 management districts, or by an authority to whom a water 84 management district has delegated enforcement powers, and must 85 do all of the following shall: 86 (a)Specify a meaningful range of designated penalties 87 based upon the severity and repetition of specific offenses. 88 (b)Distinguish minor violations from those which endanger 89 public health, safety, and welfare or contaminate the water 90 resources. 91 (c)Inform the public of likely penalties which may be 92 imposed for proscribed conduct. 93 94 A specific finding of mitigating or aggravating circumstances 95 shall allow a water management district to impose a penalty 96 other than that provided in the guidelines. Disciplinary action 97 may be taken by any water management district, regardless of 98 where the contractors license was issued. 99 (3)Such notice must shall be served in the manner required 100 by law for the service of process upon a person in a civil 101 action or by certified registered United States mail to the last 102 known address of the person. The water management district shall 103 send copies of such notice only to persons who have specifically 104 requested such notice or to entities with which the water 105 management district has formally agreed to provide such notice. 106 Notice alleging a violation of a rule setting minimum standards 107 for the location, construction, repair, or abandonment of wells 108 must shall be accompanied by an order of the water management 109 district requiring remedial action which, if taken within the 110 time specified in such order, will effect compliance with the 111 requirements of this part and regulations issued hereunder. Such 112 order is shall become final unless a request for hearing as 113 provided in chapter 120 is made within 30 days after from the 114 date of service of such order. Upon compliance, notice must 115 shall be served by the water management district in a timely 116 manner upon each person and entity who received notice of a 117 violation, stating that compliance with the order has been 118 achieved. 119 Section 3.Subsections (1) and (3) of section 373.336, 120 Florida Statutes, are amended to read: 121 373.336Unlawful acts; penalties. 122 (1)It is unlawful for any person or business entity, as 123 applicable, to do any of the following: 124 (a)Practice water well contracting without an active 125 license issued pursuant to this part. 126 (b)Construct, repair, or abandon a water well, or operate 127 drilling equipment for such purpose, unless employed by or under 128 the supervision of a licensed water well contractor or exempt 129 under s. 373.326. 130 (c)Give false or forged evidence to obtain a license. 131 (d)Present as his or her own the license of another. 132 (e)Use or attempt to use a license to practice water well 133 contracting which license has been suspended, revoked, or placed 134 on inactive status. 135 (f)Engage in willful or repeated violation of this part or 136 of any department rule or regulation or water management 137 district or state agency rule or regulation relating to water 138 wells which endangers the public health, safety, and welfare. 139 (g)Advertise water well drilling or construction services 140 if the business entity is not owned by a licensed water well 141 contractor or does not employ a full-time water well contractor. 142 (3)A Any person who violates any provision of this part or 143 a regulation or an order issued hereunder commits shall, upon 144 conviction, be guilty of a misdemeanor of the second degree, 145 punishable as provided in s. 775.082 or s. 775.083. Continuing 146 violation after an order or a conviction constitutes shall 147 constitute a separate violation for each day so continued. 148 Section 4.Paragraphs (e), (h), and (w) of subsection (4) 149 of section 381.0065, Florida Statutes, are amended to read: 150 381.0065Onsite sewage treatment and disposal systems; 151 regulation. 152 (4)PERMITS; INSTALLATION; CONDITIONS.A person may not 153 construct, repair, modify, abandon, or operate an onsite sewage 154 treatment and disposal system without first obtaining a permit 155 approved by the department. The department may issue permits to 156 carry out this section, except that the issuance of a permit for 157 work seaward of the coastal construction control line 158 established under s. 161.053 shall be contingent upon receipt of 159 any required coastal construction control line permit from the 160 department. A construction permit is valid for 18 months after 161 the date of issuance and may be extended by the department for 162 one 90-day period under rules adopted by the department. A 163 repair permit is valid for 90 days after the date of issuance. 164 An operating permit must be obtained before the use of any 165 aerobic treatment unit or if the establishment generates 166 commercial waste. Buildings or establishments that use an 167 aerobic treatment unit or generate commercial waste shall be 168 inspected by the department at least annually to assure 169 compliance with the terms of the operating permit. The operating 170 permit for a commercial wastewater system is valid for 1 year 171 after the date of issuance and must be renewed annually. The 172 operating permit for an aerobic treatment unit is valid for 2 173 years after the date of issuance and must be renewed every 2 174 years. If all information pertaining to the siting, location, 175 and installation conditions or repair of an onsite sewage 176 treatment and disposal system remains the same, a construction 177 or repair permit for the onsite sewage treatment and disposal 178 system may be transferred to another person, if the transferee 179 files, within 60 days after the transfer of ownership, an 180 amended application providing all corrected information and 181 proof of ownership of the property. A fee is not associated with 182 the processing of this supplemental information. A person may 183 not contract to construct, modify, alter, repair, service, 184 abandon, or maintain any portion of an onsite sewage treatment 185 and disposal system without being registered under part III of 186 chapter 489. A property owner who personally performs 187 construction, maintenance, or repairs to a system serving his or 188 her own owner-occupied single-family residence is exempt from 189 registration requirements for performing such construction, 190 maintenance, or repairs on that residence, but is subject to all 191 permitting requirements. A municipality or political subdivision 192 of the state may not issue a building or plumbing permit for any 193 building that requires the use of an onsite sewage treatment and 194 disposal system unless the owner or builder has received a 195 construction permit for such system from the department. A 196 building or structure may not be occupied and a municipality, 197 political subdivision, or any state or federal agency may not 198 authorize occupancy until the department approves the final 199 installation of the onsite sewage treatment and disposal system. 200 A municipality or political subdivision of the state may not 201 approve any change in occupancy or tenancy of a building that 202 uses an onsite sewage treatment and disposal system until the 203 department has reviewed the use of the system with the proposed 204 change, approved the change, and amended the operating permit. 205 (e)The department shall adopt rules relating to the 206 location of onsite sewage treatment and disposal systems, 207 including establishing setback distances, to prevent groundwater 208 contamination and surface water contamination and to preserve 209 the public health. In adopting such rules, the department rules 210 must: 211 1.Consider conventional and enhanced nutrient-reducing 212 onsite sewage treatment and disposal system designs, impaired or 213 degraded water bodies, domestic wastewater and drinking water 214 infrastructure, potable water sources, nonpotable wells, 215 stormwater infrastructure, the onsite sewage treatment and 216 disposal system remediation plans developed pursuant to s. 217 403.067(7)(a)9.b., nutrient pollution, and the recommendations 218 of the onsite sewage treatment and disposal systems technical 219 advisory committee established pursuant to former s. 381.00652. 220 2.The rules must also Allow a person to apply for and 221 receive a variance from a rule requirement upon demonstration 222 that the requirement would cause an undue hardship and that 223 granting the variance would not cause or contribute to the 224 exceedance of a total maximum daily load. 225 3.In consultation with the water management districts, 226 allow a licensed water well contractor to apply for and receive 227 a variance for the installation of a private or public potable 228 water well from the applicable water management district within 229 the region of installation. 230 (h)1.The department may grant variances in hardship cases 231 which may be less restrictive than the provisions specified in 232 this section. If a variance is granted and the onsite sewage 233 treatment and disposal system construction permit has been 234 issued, the variance may be transferred with the system 235 construction permit, if the transferee files, within 60 days 236 after the transfer of ownership, an amended construction permit 237 application providing all corrected information and proof of 238 ownership of the property and if the same variance would have 239 been required for the new owner of the property as was 240 originally granted to the original applicant for the variance. A 241 fee is not associated with the processing of this supplemental 242 information. A variance may not be granted under this section 243 until the department is satisfied that: 244 1.a.The hardship was not caused intentionally by the 245 action of the applicant; 246 2.b.A reasonable alternative, taking into consideration 247 factors such as cost, does not exist for the treatment of the 248 sewage; and 249 3.c.The discharge from the onsite sewage treatment and 250 disposal system will not adversely affect the health of the 251 applicant or the public or significantly degrade the groundwater 252 or surface waters. 253 254 Where soil conditions, water table elevation, and setback 255 provisions are determined by the department to be satisfactory, 256 special consideration must be given to those lots platted before 257 1972. 258 2.The department shall appoint and staff a variance review 259 and advisory committee, which shall meet monthly to recommend 260 agency action on variance requests. The committee shall make its 261 recommendations on variance requests at the meeting in which the 262 application is scheduled for consideration, except for an 263 extraordinary change in circumstances, the receipt of new 264 information that raises new issues, or when the applicant 265 requests an extension. The committee shall consider the criteria 266 in subparagraph 1. in its recommended agency action on variance 267 requests and shall also strive to allow property owners the full 268 use of their land where possible. The committee consists of the 269 following: 270 a.The Secretary of Environmental Protection or his or her 271 designee. 272 b.A representative from the county health departments. 273 c.A representative from the home building industry 274 recommended by the Florida Home Builders Association. 275 d.A representative from the septic tank industry 276 recommended by the Florida Onsite Wastewater Association. 277 e.A representative from the Department of Health. 278 f.A representative from the real estate industry who is 279 also a developer in this state who develops lots using onsite 280 sewage treatment and disposal systems, recommended by the 281 Florida Association of Realtors. 282 g.A representative from the engineering profession 283 recommended by the Florida Engineering Society. 284 285 Members shall be appointed for a term of 3 years, with such 286 appointments being staggered so that the terms of no more than 287 two members expire in any one year. Members shall serve without 288 remuneration, but if requested, shall be reimbursed for per diem 289 and travel expenses as provided in s. 112.061. 290 (w)A governmental entity, including a municipality, 291 county, or statutorily created commission, may not require an 292 engineer-designed performance-based treatment system, excluding 293 a passive engineer-designed performance-based treatment system, 294 before the completion of the Florida Onsite Sewage Nitrogen 295 Reduction Strategies Project. This paragraph does not apply to a 296 governmental entity, including a municipality, county, or 297 statutorily created commission, which adopted a local law, 298 ordinance, or regulation on or before January 31, 2012. 299 Notwithstanding this paragraph, an engineer-designed 300 performance-based treatment system may be used to meet the 301 requirements of the variance review and advisory committee 302 recommendations. 303 Section 5.This act shall take effect July 1, 2024.