Bill Amendment: FL S1136 | 2024 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Regulation of Water Resources
Status: 2024-05-07 - Chapter No. 2024-143 [S1136 Detail]
Download: Florida-2024-S1136-Senate_Committee_Amendment_700966.html
Bill Title: Regulation of Water Resources
Status: 2024-05-07 - Chapter No. 2024-143 [S1136 Detail]
Download: Florida-2024-S1136-Senate_Committee_Amendment_700966.html
Florida Senate - 2024 COMMITTEE AMENDMENT Bill No. SB 1136 Ì700966BÎ700966 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Trumbull) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 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 16shallbe adopted by each water management district. The 17 guideline rules mustshallbe 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 followingshall: 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. 28 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 mustshallbe served in the manner required 35 by law for the service of process upon a person in a civil 36 action or by certifiedregisteredUnited 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 mustshallbe 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 withthe46requirements ofthis part and regulations issued hereunder. Such 47 order isshall becomefinal unless a request for hearing as 48 provided in chapter 120 is made within 30 days afterfromthe 49 date of service of such order. Upon compliance, notice must 50shallbe 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) AAnyperson who violatesany provision ofthis part or 78 a regulation or an order issued hereunder commitsshall, upon79conviction, be guilty ofa 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 constitutesshall82constitutea 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. 165 166 ====== 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: 172 173 ================= 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