The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1136
INTRODUCER: Rules Committee; Community Affairs Committee; and Senator Trumbull
SUBJECT: Regulation of Water Resources
DATE: February 9, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Hunter Ryon CA Fav/CS
3. Carroll Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1136 revises the qualification requirements a person must meet to take the water well
contractor licensure examination. The bill requires an applicant to have at least two years of
experience in constructing, repairing, or abandoning water wells specifically permitted in
Florida.
The bill authorizes an authority to whom a water management district has delegated enforcement
powers to consistently apply disciplinary guideline rules relating to wells.
The bill includes business entities as possible violators of certain unlawful acts relating to wells.
The bill adds that it is unlawful to advertise water well drilling or construction services if the
business entity is not owned by a licensed water well contractor or does not employ a full-time
water well contractor.
The bill provides that the onsite sewage treatment and disposal system (OSTDS) variance review
and advisory committee is not responsible for water well permitting. However, the committee
shall consider all requirements of law related to OSTDSs when making recommendations on
variance requests for OSTDS permits.
The bill provides an effective date of July 1, 2024.
REVISED: BILL: CS/CS/SB 1136 Page 2
II. Present Situation:
Department of Environmental Protection and Water Management District Authority
The Department of Environmental Protection (DEP) is responsible for the administration of
water resources at the state level and exercises general supervisory authority over the Water
Management Districts (WMDs).
1
The state’s five water management districts (WMDs) are
responsible for the administration of water resources at the regional level. The five regions are
Northwest Florida, Suwannee River, St. Johns River, Southwest Florida, and South Florida.
2
DEP has authorized the WMDs to implement a program for the issuance of permits for the
location, construction, repair, and abandonment of water wells.
3
Because of this authorization,
the issuance of well permits are the sole responsibility of the WMDs, delegated local
governments, or local county health departments. Further, DEP has authorized the WMDs to
adopt rules and procedures relating in part to the location, construction, repair, and abandonment
of water wells; to implement a program for the licensing of water well contractors; and to adopt
by rule disciplinary guidelines applicable to each specific ground for disciplinary action which
may be imposed by the WMDs.
4
Water Well Regulations
Licensure of Water Well Contractors
A water well is defined as any excavation to acquire, locate, or artificially recharge
groundwater.
5
The law requires that every person who wishes to engage in business as a water
well contractor must obtain a license from the appropriate WMD.
6
Each person desiring to be
licensed as a water well contractor must apply to take a licensure examination. The application
must be made to the WMD in which the applicant resides or in which his or her principal place
of business is located. If the applicant resides in another state, he or she must apply to the WMD
in which most of his or her business will take place.
7
An applicant who meets the following requirements shall be entitled to take the water well
contractor licensure examination:
Is at least 18 years of age.
Has at least two years of experience in constructing, repairing, or abandoning water wells.
Has completed the application form and remitted a nonrefundable application fee.
8
1
DEP, Water Management Districts, https://floridadep.gov/owper/water-policy/content/water-management-
districts#:~:text=The%20state%27s%20five%20water%20management%20districts%20include%20the,District%2C%20and
%20the%20South%20Florida%20Water%20Management%20District. (last visited Jan. 24, 2024).
2
Id.
3
Section 373.308, F.S.; DEP Water Well Contractor Licensing and Permitting, https://floridadep.gov/water/source-drinking-
water/content/water-well-contractor-licensing-and-permitting (last visited Jan. 24, 2024).
4
Id.; see ss. 373.323, 373.333, and 373.336, F.S.; see, e.g., ch. 40E-3, F.A.C. (South Florida Water Management District
rules relating to water wells).
5
Institute of Food and Agricultural Sciences (UF/IFAS), 2021 Handbook of Florida Water Regulation: Water Wells,
https://edis.ifas.ufl.edu/publication/FE603 (last visited Jan. 24, 2024).
6
Section 373.323, F.S.
7
Id.
8
Id. BILL: CS/CS/SB 1136 Page 3
An applicant must demonstrate satisfactory proof of his or her two years of experience by
providing the following:
Evidence of the length of time the applicant has been engaged in the business of the
construction, repair, or abandonment of water wells as a major activity, as attested to by a
letter from a water well contractor or a letter from a water well inspector employed by a
governmental agency.
A list of at least ten water wells that the applicant has constructed, repaired, or abandoned
within the preceding five years. Of these wells, at least seven must have been constructed by
the applicant. The list shall also include:
o The name and address of the owner or owners of each well.
o The location, primary use, and approximate depth and diameter of each well that the
applicant has constructed, repaired, or abandoned.
o The approximate date the construction, repair, or abandonment of each well was
completed.
9
The WMD must issue a water well contracting license to any applicant who:
Receives a passing grade on the examination,
Has paid the initial application fee,
Takes and completes a minimum of 12 hours of approved coursework, and
Has complied with the requirements listed above.
Once licensed, a water well contractor may install, repair and modify pumps and tanks in
accordance with the Florida Building Code, Plumbing; Section 612—Wells pumps and tanks
used for private potable water systems.
10
Due to revisions to the Florida Building Code, Section
612 now refers to solar systems and Section 614 refers to water wells.
11
In addition, licensed
water well contractors may install pumps, tanks, and water conditioning equipment for all water
systems.
12
Exemptions to these licensing requirements may be made if the WMD finds that compliance
with all requirements would result in undue hardship.
13
A WMD may grant an exemption to the
extent necessary to ameliorate such undue hardship and to the extent such exemption can be
granted without impairing the intent and purpose of water well regulations. Further, a person
who is not licensed may construct a well if the well is two inches or under in diameter, on his or
her own or leased property intended for use only in a single-family house which is his or her
residence, or intended for use only for farming purposes on the person’s farm, and when the
waters are not intended for use by the public or any residence other than his or her own, and he
or she complies with all local and state rules and regulations relating to the construction of water
wells.
14
9
Id.
10
Id.
11
2023 Florida Building Code, Plumbing, Eight Edition, Sections 612 and 614, available at
https://codes.iccsafe.org/content/FLPC2023P1/chapter-6-water-supply-and-distribution#FLPC2023P1_Ch06_Sec614. (last
visited Jan. 24, 2024)
12
Section 373.323, F.S.
13
Section 373.326, F.S.
14
Id. BILL: CS/CS/SB 1136 Page 4
Disciplinary Guidelines
The WMDs may adopt by rule disciplinary guidelines applicable to each specific ground for
disciplinary action which may be imposed by the WMDs.
15
A specific finding of mitigating or
aggravating circumstances shall allow a WMD to impose a penalty other than that provided in
the guidelines. Disciplinary action may be taken by any WMD, regardless of where the
contractor’s license was issued.
16
When a WMD has reasonable grounds for believing that there has been a violation of water well
regulations or of any rule or regulation adopted pursuant thereto, it must give written notice to
the alleged violator. The notice must be served in the manner required by law for the service of
process upon a person in a civil action or by registered U.S. mail to the last known address of the
alleged violator.
Notice alleging a violation of a rule setting minimum standards for the location, construction,
repair, or abandonment of wells shall be accompanied by an order of the WMD requiring
remedial action which, if taken within the time specified in the order, will effect compliance with
the requirements of water well regulations and regulations issued pursuant thereto. Such order
shall become final unless a request for a hearing is made within 30 days from the date of service
of such order. Upon compliance, the WMD shall serve notice stating that compliance with the
order has been achieved.
17
Unlawful Acts
The statutes provide that, with respect to water well regulations, it is unlawful for any person to:
Practice water well contracting without an active license.
Construct, repair, or abandon a water well, or operate drilling equipment for such purpose,
unless employed by or under the supervision of a licensed water well contractor or exempt.
Give false or forged evidence to obtain a license.
Present as his or her own the license of another.
Use or attempt to use a license to practice water well contracting that has been suspended,
revoked, or placed on inactive status.
Engage in willful or repeated violation of water well regulations or of any DEP rule or
regulation or WMD or state agency rule or regulation relating to water wells which
endangers the public health, safety, and welfare.
18
15
Section 373.333, F.S.
16
Id.
17
Id.
18
Section 373.336, F.S. BILL: CS/CS/SB 1136 Page 5
Onsite Sewage Treatment and Disposal Systems
Onsite Sewage Treatment and Disposal Systems
(OSTDSs), commonly referred to as “septic
systems,” generally consist of two basic parts:
the septic tank and the drainfield.
19
Waste from
toilets, sinks, washing machines, and showers
flows through a pipe into the septic tank, where
anaerobic bacteria break the solids into a liquid
form. The liquid portion of the wastewater flows
into the drainfield, which is generally a series of
perforated pipes or panels surrounded by
lightweight materials such as gravel or
Styrofoam. The drainfield provides a secondary
treatment where aerobic bacteria continue
deactivating the germs. The drainfield also
provides filtration of the wastewater, as gravity
draws the water down through the soil layers.
20
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30
percent of the state’s population.
21
In Florida, development in some areas is dependent on
OSTDSs due to the cost and time it takes to install central sewer systems.
22
For example, in rural
areas and low-density developments, central sewer systems are not cost-effective. In 2008, less
than one percent of OSTDSs in Florida were actively managed under operating permits and
maintenance agreements.
23
The remainder of systems are generally serviced only when they fail,
often leading to costly repairs that could have been avoided with routine maintenance.
24
In a conventional OSTDS, a septic tank does not reduce nitrogen from the raw sewage. In
Florida, approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a
system that is installed 24 inches or more from groundwater.
25
This still leaves a significant
amount of nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a
potential contaminant in groundwater.
26
19
DOH, Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-services/environmental-
health/onsite-sewage-disposal/septic-information-and-care.html (last visited Jan. 9, 2024); EPA, Types of Septic Systems,
https://www.epa.gov/septic/types-septic-systems (last visited Jan. 24, 2024) (showing the graphic provided in the analysis).
20
Id.
21
DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-
sewage#:~:text=Onsite%20sewage%20treatment%20and%20disposal%20systems%20%28OSTDS%29%2C%20commonly,r
epresents%2012%25%20of%20the%20United%20States%E2%80%99%20septic%20systems (last visited Jan. 24, 2024).
22
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive
Summary (Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-
implement-mandatory-statewide-inspection.pdf. (last visited Jan. 24, 2024).
23
Id.
24
Id.
25
DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015), available at
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/draftlegreportsm.pdf; (last visited Jan. 24, 2024).
See Fla. Admin. Code R. 64E-6.006(2).
26
University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems:
Nitrogen, 3 (Oct. 2020), available at http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf. (last visited Jan. 24, 2024). BILL: CS/CS/SB 1136 Page 6
Different types of advanced OSTDSs exist that can remove greater amounts of nitrogen than a
typical septic system (often referred to as “advanced” or “nutrient-reducing” septic systems).
27
DEP publishes on its website approved products and resources on advanced systems.
28
Determining which advanced system is the best option can depend on site-specific conditions.
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from
the Department of Health (DOH) to DEP.
29
The Onsite Sewage Program will be transferred over
a period of five years, and guidelines for the transfer are provided by an interagency agreement.
30
Per the agreement, DEP has the primary powers and duties of the Onsite Sewage Program,
meaning that the county departments of health will implement the OSTDS program under the
direction of DEP instead of DOH.
31
The county departments of health still handle permitting and
inspection of OSTDS.
32
In the event of an alleged violation of OSTDS laws, county departments
of health will be responsible for conducting an inspection to gather information regarding the
allegations.
33
Variances
DEP is required by law to grant variances in hardship cases relating to OSTDSs under certain
conditions.
34
DEP may grant variances in hardship cases which may be less restrictive than
OSTDSs regulations specified in law.
35
A variance may not be granted until DEP is satisfied of
the following:
The hardship was not caused intentionally by the action of the applicant;
A reasonable alternative, taking into consideration factors such as cost, does not exist for the
treatment of the sewage; and
The discharge from the OSTDS will not adversely affect the health of the applicant or the
public or significantly degrade the groundwater or surface waters.
36
The law provides that where soil conditions, water table elevation, and setback provisions are
determined by DEP to be satisfactory, special consideration must be given to those lots platted
before 1972.
37
27
DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May
2021), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-
reducing-tech-18-10-29.pdf. (last visited Jan. 24, 2024).
28
DEP, Onsite Sewage Program, Product Listings and Approval Requirements, https://floridadep.gov/water/onsite-
sewage/content/product-listings-and-approval-requirements. (last visited Jan. 24, 2024).
29
DEP, Program Transfer, https://floridadep.gov/water/onsite-sewage/content/program-transfer (last visited Jan. 24, 2024).
30
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program, 5 (June 30, 2021), available at http://www.floridahealth.gov/environmental-
health/onsite-sewage/_documents/interagency-agreement-between-fdoh-fdep-onsite-signed-06302021.pdf. (last visited
Jan. 24, 2024).
31
Id. at 14.
32
Id. at 11; and DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-sewage (last visited Jan. 24, 2024).
33
DOH, DEP, Interagency Agreement between DEP and DOH in Compliance with Florida’s Clean Waterways Act for
Transfer of the Onsite Sewage Program at 11.
34
Section 381.0065(3), F.S.
35
Section 381.0065(4), F.S.
36
Id.
37
Id. BILL: CS/CS/SB 1136 Page 7
DEP is required to appoint and staff a variance review and advisory committee, which meets
monthly to recommend agency action on variance requests.
38
The committee makes its
recommendations of variance requests at the meeting in which the application is scheduled for
consideration, except for an extraordinary change in circumstances, the receipt of new
information that raises new issues, or when the applicant requests an extension. The committee
must consider the criteria listed above in its recommended agency action on variance requests
and must also strive to allow property owners the full use of their land where possible.
39
The variance review and advisory committee consists of the following:
The Secretary of Environmental Protection or his or her designee.
A representative from the county health departments.
A representative from the home building industry recommended by the Florida Home
Builders Association.
A representative from the septic tank industry recommended by the Florida Onsite
Wastewater Association.
A representative from the Department of Health.
A representative from the real estate industry who is also a developer in Florida who
develops lots using onsite sewage treatment and disposal systems, recommended by the
Florida Association of Realtors.
A representative from the engineering profession recommended by the Florida Engineering
Society.
40
Members of the variance review and advisory committee shall be appointed for a three-year
term, with such appointments being staggered so that the terms of no more than two members
expire in any one year. Members shall serve without remuneration, but if requested, shall be
reimbursed for per diem and travel expenses.
41
III. Effect of Proposed Changes:
Section 1 amends s. 373.323, F.S., to specify that an applicant is eligible to take the water well
contractor licensure examination if he or she has at least two years of experience in constructing,
repairing, or abandoning water wells specifically permitted in this state.
The bill amends the requirement that an applicant must show proof that he or she is eligible by
providing a list of at least ten water wells he or she has constructed, repaired, or abandoned
within the preceding five years by requiring those water wells to be permitted in this state.
The bill updates a reference to the Florida Building Code, Plumbing. It provides that water well
contractors licensed under this section may install, repair, and modify pumps and tanks in
accordance with the Florida Building Code, Plumbing; Section 614—Wells pumps and tanks
used for private potable water systems.
38
Id.; DEP, Variances, available at https://floridadep.gov/water/onsite-sewage/content/variances (last visited Jan. 24, 2024).
39
Section 381.0065(4), F.S.
40
Id.; DEP, Variance Review and Advisory Committee for Onsite Sewage Treatment and Disposal Systems, available at
https://floridadep.gov/sites/default/files/OSTDSVarianceReviewAdvisoryCommittee-Members_0.pdf. (last visited Jan. 24,
2024).
41
Section 381.0065(4), F.S. BILL: CS/CS/SB 1136 Page 8
Section 2 amends s. 373.333, F.S., to provide that the disciplinary guideline rules must be
consistently applied by the water management districts (WMDs) or by an authority to whom a
WMD has delegated enforcement powers.
The bill requires that if a written notice for an alleged violation of this part or any rule or
regulation adopted pursuant hereto is served by mail, it must be certified U.S. mail. Current law
requires registered U.S. mail.
The bill provides that an order of a WMD requiring remedial action is final unless a request for
hearing is made within 30 days after the date of service of such order.
Section 3 amends s. 373.336, F.S., to provide that the listed unlawful acts are also unlawful for a
business entity, as applicable. The bill adds that it is unlawful to advertise water well drilling or
construction services if the business entity is not owned by a licensed water well contractor or
does not employ a full-time water well contractor.
The bill provides that a person who violates this part or a regulation or an order issued hereunder
commits a misdemeanor of the second degree. The bill deletes language providing that a person
shall, upon conviction, be guilty of a misdemeanor of the second degree.
Section 4 amends s. 381.0065, F.S., to provide that the onsite sewage treatment and disposal
system (OSTDS) variance review and advisory committee is not responsible for reviewing water
well permitting. However, the committee shall consider all requirements of law related to
OSTDSs when making recommendations on variance requests for OSTDS permits.
Section 5 provides an effective date of July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None. BILL: CS/CS/SB 1136 Page 9
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 373.323, 373.333,
373.336, and 381.0065.
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS/CS by Rules on February 8, 2024:
The committee substitute:
Deletes a requirement added by the underlying bill that the Department of
Environmental Protection (DEP) must adopt rules, in consultation with the water
management districts (WMDs), to allow a licensed water well contractor to apply for
and receive a variance for the installation of a private or public potable water well
from the applicable WMD within the region of installation.
Restores the onsite sewage treatment and disposal system (OSTDS) variance review
and advisory committee, which the underlying bill removes.
Provides that the OSTDS variance review and advisory committee is not responsible
for reviewing water well permitting. However, the committee shall consider all
requirements of law related to OSTDSs when making recommendations on variance
requests for OSTDS permits.
CS by Community Affairs on January 29, 2024:
The committee substitute provides that DEP’s rules relating to the location of OSTDSs
must, in consultation with the WMDs, allow a licensed water well contractor to apply for BILL: CS/CS/SB 1136 Page 10
and receive a variance for the installation of a private or public potable water well from
the applicable WMD in the region of installation.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.