Senate Bill sb1090c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                    CS for CS for SB 1090

    By the Committees on General Government Appropriations;
    Environmental Preservation; and Senator Baker




    601-2144-06

  1                      A bill to be entitled

  2         An act relating to the regulation of wells;

  3         amending s. 373.323, F.S.; authorizing licensed

  4         water well contractors to facilitate

  5         performance of additional work incidental to

  6         the construction, repair, or abandonment of a

  7         water well; amending s. 373.324, F.S.;

  8         requiring the Department of Environmental

  9         Protection to include an administrative fee in

10         its license-renewal method prescribed by rule;

11         waiving continuing education requirements for

12         license renewal of certain water well

13         contractors; providing exemptions from

14         continuing education requirements for water

15         well contractors on active military duty and

16         their spouses; amending s. 373.333, F.S.;

17         increasing the amount of the administrative

18         fine a water management district may impose for

19         certain water well contracting violations;

20         allowing the water management district to

21         impose an administrative fine against

22         unlicensed water well contractors; providing an

23         effective date.

24  

25  Be It Enacted by the Legislature of the State of Florida:

26  

27         Section 1.  Subsection (11) is added to section

28  373.323, Florida Statutes, to read:

29         373.323  Licensure of water well contractors;

30  application, qualifications, and examinations; equipment

31  identification.--

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1090
    601-2144-06




 1         (11)  A licensed well water contractor may facilitate

 2  the performance of additional work by an appropriately

 3  licensed contractor which is incidental to the construction,

 4  repair, or abandonment of a water well. For purposes of this

 5  subsection, incidental work is limited to the electrical

 6  connection of a pump, connecting a well to a residential

 7  dwelling, constructing a pump house or pump vault of 100

 8  square feet or less, constructing a nonstructural well slab of

 9  100 square feet or less, constructing fencing, and

10  landscaping. This part does not authorize a licensed water

11  well contractor to perform any services or work for which a

12  license under chapter 489 is required.

13         Section 2.  Subsection (3) of section 373.324, Florida

14  Statutes, is amended, and subsection (7) is added to that

15  section, to read:

16         373.324  License renewal.--

17         (3)  The department shall prescribe by rule the method

18  for renewal of a license, which shall include continuing

19  education requirements of not less than 12 classroom hours for

20  each renewal cycle. However, if a water well contractor has

21  received his or her first license within 180 days before the

22  end of the biennium renewal of licenses, the continuing

23  education requirements shall be waived for the licensee's

24  first renewal cycle. Notwithstanding s. 373.329, the

25  department by rule shall establish an administrative fee based

26  on the actual costs incurred in administering the

27  responsibilities related to continuing education requirements.

28         (7)  Notwithstanding the renewal requirements in

29  subsection (3) and s. 250.4815 for members of the Florida

30  National Guard and the United States Armed Forces Reserves,

31  any active water well contractor license issued under this

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1090
    601-2144-06




 1  part to a servicemember as defined in s. 250.01 or his or her

 2  spouse, both of whom reside in Florida, may not become

 3  inactive while the servicemember is serving on military orders

 4  which take him or her over 35 miles from his or her residence

 5  and shall be considered an active license for up to 180 days

 6  after the servicemember returns to his or her Florida

 7  residence. If the license renewal requirements are met within

 8  the 180-day extension period, the servicemember or his or her

 9  spouse may not be charged any additional costs, such as, but

10  not limited to, late fees or delinquency fees, above the

11  normal license fees. This subsection does not waive renewal

12  requirements such as registering, continuing education, and

13  all associated fees. The servicemember must present to the

14  water management district issuing the license a copy of his or

15  her official military orders or a written verification from

16  the member's commanding officer before the end of the 180-day

17  period in order to qualify for the extension.

18         Section 3.  Paragraph (c) of subsection (5) of section

19  373.333, Florida Statutes, is amended, and subsection (8) is

20  added to that section, to read:

21         373.333  Disciplinary guidelines; adoption and

22  enforcement; license suspension or revocation.--

23         (5)  When the water management district finds a person

24  guilty of any of the grounds set forth in subsection (4), it

25  may enter an order imposing one or more of the following

26  disciplinary actions:

27         (c)  Imposition of an administrative fine not to exceed

28  $5,000 $1,000 for each count or separate offense.

29         (8)  The water management district may impose through

30  an order an administrative fine not to exceed $5,000 against

31  an unlicensed person when it determines that the unlicensed

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2006                    CS for CS for SB 1090
    601-2144-06




 1  person has engaged in the practice of water well contracting,

 2  for which a license is required.

 3         Section 4.  This act shall take effect July 1, 2006.

 4  

 5          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 6                          CS for SB 1090

 7                                 

 8  Further defines the performance of additional work by a
    licensed contractor that is incidental to the construction,
 9  repair, or abandonment of a water well.

10  Clarifies the license renewal provision and changes the time
    allowance to 180 days.
11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  4

CODING: Words stricken are deletions; words underlined are additions.