1 | A bill to be entitled |
2 | An act relating to regulation of wells; amending s. |
3 | 373.323, F.S.; authorizing licensed water well contractors |
4 | to act as prime contractors for certain work and to |
5 | contract with other contractors; amending s. 373.324, |
6 | F.S.; requiring the Department of Environmental Protection |
7 | to include the renewal fee in its license-renewal method |
8 | prescribed by rule; waiving continuing education |
9 | requirements for license renewal of certain water well |
10 | contractors; providing exemptions from continuing |
11 | education requirements for water well contractors on |
12 | active military duty; requiring the department to adopt |
13 | rules exempting the spouses of active-duty military |
14 | personnel from license renewal requirements under certain |
15 | circumstances; amending s. 373.333, F.S.; increasing the |
16 | amount of the administrative fine a water management |
17 | district may impose for certain water well contracting |
18 | violations; amending s. 373.336, F.S.; providing fines for |
19 | persons or entities drilling a water well without a |
20 | license or contracting with unlicensed water well |
21 | contractors for water well services; requiring the |
22 | department to establish policies and procedures for the |
23 | enforcement of such fines; providing an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Subsection (11) is added to section 373.323, |
28 | Florida Statutes, to read: |
29 | 373.323 Licensure of water well contractors; application, |
30 | qualifications, and examinations; equipment identification.-- |
31 | (11) A licensed water well contractor may act as a prime |
32 | contractor if the majority of work to be performed under the |
33 | contract is within the scope of his or her license. A licensed |
34 | water well contractor may contract with another licensed water |
35 | well contractor for the remaining work or with another |
36 | contractor for which a water well contracting license is not |
37 | required. |
38 | Section 2. Subsection (3) of section 373.324, Florida |
39 | Statutes, is amended, and subsections (7) and (8) are added to |
40 | that section, to read: |
41 | 373.324 License renewal.-- |
42 | (3) The department shall prescribe by rule the method for |
43 | renewal of a license, which shall include continuing education |
44 | requirements of not less than 12 classroom hours for each |
45 | renewal cycle as well as a renewal fee. However, if a water well |
46 | contractor has received his or her first license within 180 days |
47 | before the end of the license biennium, the continuing education |
48 | requirements shall be waived for the licensee's first renewal |
49 | cycle. |
50 | (7) Notwithstanding the renewal requirements of subsection |
51 | (3), any water well contractor who is serving on active duty as |
52 | a member of the Armed Forces of the United States who, at the |
53 | time of becoming an active-duty member, had an active water well |
54 | contractor license issued under this part and was entitled to |
55 | practice or engage in water well contracting in this state shall |
56 | be kept in active-license status, without registering, paying |
57 | fees, or fulfilling the continuing education requirements, as |
58 | long as he or she is an active-duty member of the Armed Forces |
59 | of the United States and for a period of 6 months after |
60 | discharge from active-duty status, provided he or she is not |
61 | engaged in water well contracting in the private sector for |
62 | profit. |
63 | (8) The department shall adopt rules exempting the spouses |
64 | of active-duty members of the Armed Forces of the United States |
65 | from licensure renewal provisions when the family must relocate |
66 | out of state due to active-duty assignment. |
67 | Section 3. Paragraph (c) of subsection (5) of section |
68 | 373.333, Florida Statutes, is amended to read: |
69 | 373.333 Disciplinary guidelines; adoption and enforcement; |
70 | license suspension or revocation.-- |
71 | (5) When the water management district finds a person |
72 | guilty of any of the grounds set forth in subsection (4), it may |
73 | enter an order imposing one or more of the following |
74 | disciplinary actions: |
75 | (c) Imposition of an administrative fine not to exceed |
76 | $5,000 $1,000 for each count or separate offense. |
77 | Section 4. Subsection (4) is added to section 373.336, |
78 | Florida Statutes, to read: |
79 | 373.336 Unlawful acts; penalties.-- |
80 | (4) Persons or entities drilling a water well without a |
81 | license or contracting with an unlicensed water well contractor |
82 | for water well services shall be subject to a fine of up to |
83 | $5,000 for each violation. Policies and procedures for the |
84 | enforcement of such fines shall be established by the |
85 | department. |
86 | Section 5. This act shall take effect July 1, 2006. |