Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 1136
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  01/31/2024           .                                

       The Committee on Community Affairs (Trumbull) recommended the
    1         Senate Amendment (with directory and title amendments)
    3         Delete lines 56 - 197
    4  and insert:
    5         Section 1. Subsections (1) and (3) of section 373.333,
    6  Florida Statutes, are amended to read:
    7         373.333 Disciplinary guidelines; adoption and enforcement;
    8  license suspension or revocation.—
    9         (1) The department shall adopt by rule disciplinary
   10  guidelines applicable to each specific ground for disciplinary
   11  action which may be imposed by the water management districts,
   12  providing each water management district and representatives of
   13  the water well contracting industry with meaningful opportunity
   14  to participate in the development of the disciplinary guideline
   15  rules as they are drafted. The disciplinary guidelines must
   16  shall be adopted by each water management district. The
   17  guideline rules must shall be consistently applied by the water
   18  management districts, or by an authority to whom a water
   19  management district has delegated enforcement powers, and must
   20  do all of the following shall:
   21         (a) Specify a meaningful range of designated penalties
   22  based upon the severity and repetition of specific offenses.
   23         (b) Distinguish minor violations from those which endanger
   24  public health, safety, and welfare or contaminate the water
   25  resources.
   26         (c) Inform the public of likely penalties which may be
   27  imposed for proscribed conduct.
   29  A specific finding of mitigating or aggravating circumstances
   30  shall allow a water management district to impose a penalty
   31  other than that provided in the guidelines. Disciplinary action
   32  may be taken by any water management district, regardless of
   33  where the contractor’s license was issued.
   34         (3) Such notice must shall be served in the manner required
   35  by law for the service of process upon a person in a civil
   36  action or by certified registered United States mail to the last
   37  known address of the person. The water management district shall
   38  send copies of such notice only to persons who have specifically
   39  requested such notice or to entities with which the water
   40  management district has formally agreed to provide such notice.
   41  Notice alleging a violation of a rule setting minimum standards
   42  for the location, construction, repair, or abandonment of wells
   43  must shall be accompanied by an order of the water management
   44  district requiring remedial action which, if taken within the
   45  time specified in such order, will effect compliance with the
   46  requirements of this part and regulations issued hereunder. Such
   47  order is shall become final unless a request for hearing as
   48  provided in chapter 120 is made within 30 days after from the
   49  date of service of such order. Upon compliance, notice must
   50  shall be served by the water management district in a timely
   51  manner upon each person and entity who received notice of a
   52  violation, stating that compliance with the order has been
   53  achieved.
   54         Section 2. Subsections (1) and (3) of section 373.336,
   55  Florida Statutes, are amended to read:
   56         373.336 Unlawful acts; penalties.—
   57         (1) It is unlawful for any person or business entity, as
   58  applicable, to do any of the following:
   59         (a) Practice water well contracting without an active
   60  license issued pursuant to this part.
   61         (b) Construct, repair, or abandon a water well, or operate
   62  drilling equipment for such purpose, unless employed by or under
   63  the supervision of a licensed water well contractor or exempt
   64  under s. 373.326.
   65         (c) Give false or forged evidence to obtain a license.
   66         (d) Present as his or her own the license of another.
   67         (e) Use or attempt to use a license to practice water well
   68  contracting which license has been suspended, revoked, or placed
   69  on inactive status.
   70         (f) Engage in willful or repeated violation of this part or
   71  of any department rule or regulation or water management
   72  district or state agency rule or regulation relating to water
   73  wells which endangers the public health, safety, and welfare.
   74         (g) Advertise water well drilling or construction services
   75  if the business entity is not owned by a licensed water well
   76  contractor or does not employ a full-time water well contractor.
   77         (3) A Any person who violates any provision of this part or
   78  a regulation or an order issued hereunder commits shall, upon
   79  conviction, be guilty of a misdemeanor of the second degree,
   80  punishable as provided in s. 775.082 or s. 775.083. Continuing
   81  violation after an order or a conviction constitutes shall
   82  constitute a separate violation for each day so continued.
   83         Section 3. Paragraphs (e), (h), and (w) of subsection (4)
   84  of section 381.0065, Florida Statutes, are amended to read:
   85         381.0065 Onsite sewage treatment and disposal systems;
   86  regulation.—
   87         (4) PERMITS; INSTALLATION; CONDITIONS.—A person may not
   88  construct, repair, modify, abandon, or operate an onsite sewage
   89  treatment and disposal system without first obtaining a permit
   90  approved by the department. The department may issue permits to
   91  carry out this section, except that the issuance of a permit for
   92  work seaward of the coastal construction control line
   93  established under s. 161.053 shall be contingent upon receipt of
   94  any required coastal construction control line permit from the
   95  department. A construction permit is valid for 18 months after
   96  the date of issuance and may be extended by the department for
   97  one 90-day period under rules adopted by the department. A
   98  repair permit is valid for 90 days after the date of issuance.
   99  An operating permit must be obtained before the use of any
  100  aerobic treatment unit or if the establishment generates
  101  commercial waste. Buildings or establishments that use an
  102  aerobic treatment unit or generate commercial waste shall be
  103  inspected by the department at least annually to assure
  104  compliance with the terms of the operating permit. The operating
  105  permit for a commercial wastewater system is valid for 1 year
  106  after the date of issuance and must be renewed annually. The
  107  operating permit for an aerobic treatment unit is valid for 2
  108  years after the date of issuance and must be renewed every 2
  109  years. If all information pertaining to the siting, location,
  110  and installation conditions or repair of an onsite sewage
  111  treatment and disposal system remains the same, a construction
  112  or repair permit for the onsite sewage treatment and disposal
  113  system may be transferred to another person, if the transferee
  114  files, within 60 days after the transfer of ownership, an
  115  amended application providing all corrected information and
  116  proof of ownership of the property. A fee is not associated with
  117  the processing of this supplemental information. A person may
  118  not contract to construct, modify, alter, repair, service,
  119  abandon, or maintain any portion of an onsite sewage treatment
  120  and disposal system without being registered under part III of
  121  chapter 489. A property owner who personally performs
  122  construction, maintenance, or repairs to a system serving his or
  123  her own owner-occupied single-family residence is exempt from
  124  registration requirements for performing such construction,
  125  maintenance, or repairs on that residence, but is subject to all
  126  permitting requirements. A municipality or political subdivision
  127  of the state may not issue a building or plumbing permit for any
  128  building that requires the use of an onsite sewage treatment and
  129  disposal system unless the owner or builder has received a
  130  construction permit for such system from the department. A
  131  building or structure may not be occupied and a municipality,
  132  political subdivision, or any state or federal agency may not
  133  authorize occupancy until the department approves the final
  134  installation of the onsite sewage treatment and disposal system.
  135  A municipality or political subdivision of the state may not
  136  approve any change in occupancy or tenancy of a building that
  137  uses an onsite sewage treatment and disposal system until the
  138  department has reviewed the use of the system with the proposed
  139  change, approved the change, and amended the operating permit.
  140         (e) The department shall adopt rules relating to the
  141  location of onsite sewage treatment and disposal systems,
  142  including establishing setback distances, to prevent groundwater
  143  contamination and surface water contamination and to preserve
  144  the public health. The rules must:
  145         1. Consider conventional and enhanced nutrient-reducing
  146  onsite sewage treatment and disposal system designs, impaired or
  147  degraded water bodies, domestic wastewater and drinking water
  148  infrastructure, potable water sources, nonpotable wells,
  149  stormwater infrastructure, the onsite sewage treatment and
  150  disposal system remediation plans developed pursuant to s.
  151  403.067(7)(a)9.b., nutrient pollution, and the recommendations
  152  of the onsite sewage treatment and disposal systems technical
  153  advisory committee established pursuant to former s. 381.00652.
  154  The rules must also
  155         2. Allow a person to apply for and receive a variance from
  156  a rule requirement upon demonstration that the requirement would
  157  cause an undue hardship and granting the variance would not
  158  cause or contribute to the exceedance of a total maximum daily
  159  load.
  160         3. In consultation with the water management districts,
  161  allow a licensed water well contractor to apply for and receive
  162  a variance for the installation of a private or public potable
  163  water well from the applicable water management district in the
  164  region of installation.
  166  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  167  And the directory clause is amended as follows:
  168         Delete lines 24 - 25
  169  and insert:
  170         Section 4. Subsection (3) of section 373.323, Florida
  171  Statutes, is amended to read:
  173  ================= T I T L E  A M E N D M E N T ================
  174  And the title is amended as follows:
  175         Delete lines 5 - 17
  176  and insert:
  177         water well contractor license examination; amending s.
  178         373.333, F.S.; authorizing certain authorities who
  179         have been delegated enforcement powers by water
  180         management districts to apply disciplinary guidelines
  181         adopted by the districts; requiring that certain
  182         notices be delivered by certified, rather than
  183         registered, mail; making technical changes; amending
  184         s. 373.336, F.S.; prohibiting a person or business
  185         entity from advertising water well drilling or
  186         construction services in specified circumstances;
  187         amending s. 381.0065, F.S.; requiring the Department
  188         of Environmental Protection to adopt rules that allow
  189         licensed well contractors to apply for and receive
  190         from water management districts within the region of
  191         installation a variance for private and public potable
  192         well installations; deleting provisions