| 1 | The Agriculture & Environment Appropriations Committee |
| 2 | recommends the 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 establish by rule a fee to cover the cost of |
| 13 | implementing the continuing education requirements; |
| 14 | providing a maximum fee amount; authorizing the department |
| 15 | to delegate certain authority to the water management |
| 16 | districts; authorizing the department or a water |
| 17 | management district to contract with a private entity to |
| 18 | carry out certain responsibilities relating to continuing |
| 19 | education; waiving continuing education requirements for |
| 20 | license renewal of certain water well contractors; |
| 21 | providing water well contractor license extensions for |
| 22 | certain servicemembers and their spouses under certain |
| 23 | circumstances; providing for exemption from certain costs |
| 24 | or fees under certain circumstances; amending s. 373.333, |
| 25 | F.S.; increasing the amount of the administrative fine a |
| 26 | water management district may impose for certain water |
| 27 | well contracting violations; amending s. 373.336, F.S.; |
| 28 | providing fines for persons or entities drilling a water |
| 29 | well without a license or contracting with unlicensed |
| 30 | water well contractors for water well services; requiring |
| 31 | the department to establish policies and procedures for |
| 32 | the enforcement of the fines; providing an effective date. |
| 33 |
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| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
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| 36 | Section 1. Subsection (11) is added to section 373.323, |
| 37 | Florida Statutes, to read: |
| 38 | 373.323 Licensure of water well contractors; application, |
| 39 | qualifications, and examinations; equipment identification.-- |
| 40 | (11) A licensed water well contractor may facilitate the |
| 41 | performance of additional work by an appropriately licensed |
| 42 | contractor that is incidental to the construction, repair, or |
| 43 | abandonment of a water well. For purposes of this subsection, |
| 44 | "incidental" work is limited to the electrical connection of a |
| 45 | pump, connecting a well to a residential dwelling, constructing |
| 46 | a pump house or pump vault of 100 square feet or less, |
| 47 | constructing a nonstructural well slab of 100 square feet or |
| 48 | less, fencing, and landscaping. Nothing in this part shall |
| 49 | authorize a licensed water well contractor to perform any |
| 50 | services or work for which a license under chapter 489 is |
| 51 | required. |
| 52 | Section 2. Subsection (3) of section 373.324, Florida |
| 53 | Statutes, is amended, and subsection (7) is added to that |
| 54 | section, to read: |
| 55 | 373.324 License renewal.-- |
| 56 | (3) The department shall prescribe by rule the method for |
| 57 | renewal of a license, which shall include continuing education |
| 58 | requirements of not less than 12 classroom hours for each |
| 59 | renewal cycle. In addition to the fees provided in s. 373.329, |
| 60 | the department by rule shall establish a fee not to exceed $20 |
| 61 | per credit hour to be paid by the licensee for the cost of |
| 62 | implementing the continuing education requirements of this |
| 63 | subsection. The fee shall be based on the actual costs incurred |
| 64 | in administering the responsibilities related to the continuing |
| 65 | education requirements. The department may delegate to the water |
| 66 | management districts, or the department or a water management |
| 67 | district may contract with a private entity to carry out, the |
| 68 | responsibilities related to the continuing education |
| 69 | requirements. However, if a water well contractor has received |
| 70 | his or her first license within 180 days before the end of the |
| 71 | license biennium, the continuing education requirements shall be |
| 72 | waived for the licensee's first renewal cycle. |
| 73 | (7) Notwithstanding the renewal requirements of subsection |
| 74 | (3) and the provision under s. 250.4815, any active water well |
| 75 | contractor license issued under this part to a servicemember as |
| 76 | defined in s. 250.01 or his or her spouse, both of whom reside |
| 77 | in the state, shall not become inactive while the servicemember |
| 78 | is serving on military orders that take him or her over 35 miles |
| 79 | from his or her residence, and the license shall be considered |
| 80 | an active license for up to 180 days after the servicemember |
| 81 | returns to his or her residence in the state. If the license |
| 82 | renewal requirements are met within the 180-day extension |
| 83 | period, the servicemember or his or her spouse shall not be |
| 84 | charged any additional costs above the normal license fees, |
| 85 | including, but not limited to, late fees or delinquency fees. |
| 86 | Nothing in this subsection shall be construed to waive renewal |
| 87 | requirements such as applying, continuing education, and all |
| 88 | associated fees. The servicemember must present to the water |
| 89 | management district issuing the license a copy of his or her |
| 90 | official military orders or a written verification from the |
| 91 | servicemember's commanding officer before the end of the 180-day |
| 92 | period in order to qualify for the extension. |
| 93 | Section 3. Paragraph (c) of subsection (5) of section |
| 94 | 373.333, Florida Statutes, is amended to read: |
| 95 | 373.333 Disciplinary guidelines; adoption and enforcement; |
| 96 | license suspension or revocation.-- |
| 97 | (5) When the water management district finds a person |
| 98 | guilty of any of the grounds set forth in subsection (4), it may |
| 99 | enter an order imposing one or more of the following |
| 100 | disciplinary actions: |
| 101 | (c) Imposition of an administrative fine not to exceed |
| 102 | $5,000 $1,000 for each count or separate offense. |
| 103 | Section 4. Subsection (4) is added to section 373.336, |
| 104 | Florida Statutes, to read: |
| 105 | 373.336 Unlawful acts; penalties.-- |
| 106 | (4) Persons or entities drilling a water well without a |
| 107 | license or contracting with an unlicensed water well contractor |
| 108 | for water well services shall be subject to a fine of up to |
| 109 | $5,000 for each violation. Policies and procedures for the |
| 110 | enforcement of the fines shall be established by the department. |
| 111 | Section 5. This act shall take effect July 1, 2006. |