| 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. |