| 1 | The Military & Veteran Affairs Committee recommends the |
| 2 | following: |
| 3 |
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| 4 | Council/Committee Substitute |
| 5 | Remove the entire bill and insert: |
| 6 | A bill to be entitled |
| 7 | An act relating to regulation of wells; amending s. |
| 8 | 373.323, F.S.; authorizing licensed water well contractors |
| 9 | to facilitate work by certain licensed contractors under |
| 10 | certain circumstances; providing a definition; amending s. |
| 11 | 373.324, F.S.; requiring the Department of Environmental |
| 12 | Protection to include the renewal fee in its license- |
| 13 | renewal method prescribed by rule; waiving continuing |
| 14 | education requirements for license renewal of certain |
| 15 | water well contractors; providing water well contractor |
| 16 | license extensions for certain servicemembers and their |
| 17 | spouses under certain circumstances; providing for |
| 18 | exemption from certain costs or fees under certain |
| 19 | circumstances; providing for nullification of extension |
| 20 | under certain circumstances; amending s. 373.333, F.S.; |
| 21 | increasing the amount of the administrative fine a water |
| 22 | management district may impose for certain water well |
| 23 | contracting violations; amending s. 373.336, F.S.; |
| 24 | providing fines for persons or entities drilling a water |
| 25 | well without a license or contracting with unlicensed |
| 26 | water well contractors for water well services; requiring |
| 27 | the department to establish policies and procedures for |
| 28 | the enforcement of the fines; providing an effective date. |
| 29 |
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| 30 | Be It Enacted by the Legislature of the State of Florida: |
| 31 |
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| 32 | Section 1. Subsection (11) is added to section 373.323, |
| 33 | Florida Statutes, to read: |
| 34 | 373.323 Licensure of water well contractors; application, |
| 35 | qualifications, and examinations; equipment identification.-- |
| 36 | (11) A licensed water well contractor may facilitate the |
| 37 | performance of additional work by an appropriately licensed |
| 38 | contractor that is incidental to the construction, repair, or |
| 39 | abandonment of a water well. For purposes of this subsection, |
| 40 | "incidental" work is limited to the electrical connection of a |
| 41 | pump, connecting a well to a residential dwelling, constructing |
| 42 | a pump house or pump vault of 100 square feet or less, |
| 43 | constructing a nonstructural well slab of 100 square feet or |
| 44 | less, fencing, and landscaping. Nothing in this part shall |
| 45 | authorize a licensed water well contractor to perform any |
| 46 | services or work for which a license under chapter 489 is |
| 47 | required. |
| 48 | Section 2. Subsection (3) of section 373.324, Florida |
| 49 | Statutes, is amended, and subsection (7) is added to that |
| 50 | section, to read: |
| 51 | 373.324 License renewal.-- |
| 52 | (3) The department shall prescribe by rule the method for |
| 53 | renewal of a license, which shall include continuing education |
| 54 | requirements of not less than 12 classroom hours for each |
| 55 | renewal cycle as well as a renewal fee. However, if a water well |
| 56 | contractor has received his or her first license within 180 days |
| 57 | before the end of the license biennium, the continuing education |
| 58 | requirements shall be waived for the licensee's first renewal |
| 59 | cycle. |
| 60 | (7) Notwithstanding the renewal requirements of subsection |
| 61 | (3) and the provision under s. 250.4815, any active water well |
| 62 | contractor license issued under this part to a servicemember as |
| 63 | defined in s. 250.01 or his or her spouse, both of whom reside |
| 64 | in the state, shall not become inactive while the servicemember |
| 65 | is serving on military orders that take him or her over 35 miles |
| 66 | from his or her residence, and the license shall be considered |
| 67 | an active license for up to 180 days after the servicemember |
| 68 | returns to his or her residence in the state. If the license |
| 69 | renewal requirements are met within the 180-day extension |
| 70 | period, the servicemember or his or her spouse shall not be |
| 71 | charged any additional costs above the normal license fees, |
| 72 | including, but not limited to, late fees or delinquency fees. |
| 73 | Nothing in this subsection shall be construed to waive renewal |
| 74 | requirements such as applying, continuing education, and all |
| 75 | associated fees. The servicemember must present to the water |
| 76 | management district issuing the license a copy of his or her |
| 77 | official military orders or a written verification from the |
| 78 | servicemember's commanding officer before the end of the 180-day |
| 79 | period in order to qualify for the extension. The extension |
| 80 | granted in this subsection shall be nullified in the event the |
| 81 | licensee engages in for-profit water well contracting in the |
| 82 | private sector during the 180-day extension period, prior to |
| 83 | completing all renewal requirements. |
| 84 | Section 3. Paragraph (c) of subsection (5) of section |
| 85 | 373.333, Florida Statutes, is amended to read: |
| 86 | 373.333 Disciplinary guidelines; adoption and enforcement; |
| 87 | license suspension or revocation.-- |
| 88 | (5) When the water management district finds a person |
| 89 | guilty of any of the grounds set forth in subsection (4), it may |
| 90 | enter an order imposing one or more of the following |
| 91 | disciplinary actions: |
| 92 | (c) Imposition of an administrative fine not to exceed |
| 93 | $5,000 $1,000 for each count or separate offense. |
| 94 | Section 4. Subsection (4) is added to section 373.336, |
| 95 | Florida Statutes, to read: |
| 96 | 373.336 Unlawful acts; penalties.-- |
| 97 | (4) Persons or entities drilling a water well without a |
| 98 | license or contracting with an unlicensed water well contractor |
| 99 | for water well services shall be subject to a fine of up to |
| 100 | $5,000 for each violation. Policies and procedures for the |
| 101 | enforcement of the fines shall be established by the department. |
| 102 | Section 5. This act shall take effect July 1, 2006. |