HB 1063

A bill to be entitled
2An act relating to regulation of wells; amending s.
3373.323, F.S.; authorizing licensed water well contractors
4to act as prime contractors for certain work and to
5contract with other contractors; amending s. 373.324,
6F.S.; requiring the Department of Environmental Protection
7to include the renewal fee in its license-renewal method
8prescribed by rule; waiving continuing education
9requirements for license renewal of certain water well
10contractors; providing exemptions from continuing
11education requirements for water well contractors on
12active military duty; requiring the department to adopt
13rules exempting the spouses of active-duty military
14personnel from license renewal requirements under certain
15circumstances; amending s. 373.333, F.S.; increasing the
16amount of the administrative fine a water management
17district may impose for certain water well contracting
18violations; amending s. 373.336, F.S.; providing fines for
19persons or entities drilling a water well without a
20license or contracting with unlicensed water well
21contractors for water well services; requiring the
22department to establish policies and procedures for the
23enforcement of such fines; providing an effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Subsection (11) is added to section 373.323,
28Florida Statutes, to read:
29     373.323  Licensure of water well contractors; application,
30qualifications, and examinations; equipment identification.--
31     (11)  A licensed water well contractor may act as a prime
32contractor if the majority of work to be performed under the
33contract is within the scope of his or her license. A licensed
34water well contractor may contract with another licensed water
35well contractor for the remaining work or with another
36contractor for which a water well contracting license is not
38     Section 2.  Subsection (3) of section 373.324, Florida
39Statutes, is amended, and subsections (7) and (8) are added to
40that section, to read:
41     373.324  License renewal.--
42     (3)  The department shall prescribe by rule the method for
43renewal of a license, which shall include continuing education
44requirements of not less than 12 classroom hours for each
45renewal cycle as well as a renewal fee. However, if a water well
46contractor has received his or her first license within 180 days
47before the end of the license biennium, the continuing education
48requirements shall be waived for the licensee's first renewal
50     (7)  Notwithstanding the renewal requirements of subsection
51(3), any water well contractor who is serving on active duty as
52a member of the Armed Forces of the United States who, at the
53time of becoming an active-duty member, had an active water well
54contractor license issued under this part and was entitled to
55practice or engage in water well contracting in this state shall
56be kept in active-license status, without registering, paying
57fees, or fulfilling the continuing education requirements, as
58long as he or she is an active-duty member of the Armed Forces
59of the United States and for a period of 6 months after
60discharge from active-duty status, provided he or she is not
61engaged in water well contracting in the private sector for
63     (8)  The department shall adopt rules exempting the spouses
64of active-duty members of the Armed Forces of the United States
65from licensure renewal provisions when the family must relocate
66out of state due to active-duty assignment.
67     Section 3.  Paragraph (c) of subsection (5) of section
68373.333, Florida Statutes, is amended to read:
69     373.333  Disciplinary guidelines; adoption and enforcement;
70license suspension or revocation.--
71     (5)  When the water management district finds a person
72guilty of any of the grounds set forth in subsection (4), it may
73enter an order imposing one or more of the following
74disciplinary actions:
75     (c)  Imposition of an administrative fine not to exceed
76$5,000 $1,000 for each count or separate offense.
77     Section 4.  Subsection (4) is added to section 373.336,
78Florida Statutes, to read:
79     373.336  Unlawful acts; penalties.--
80     (4)  Persons or entities drilling a water well without a
81license or contracting with an unlicensed water well contractor
82for water well services shall be subject to a fine of up to
83$5,000 for each violation. Policies and procedures for the
84enforcement of such fines shall be established by the
86     Section 5.  This act shall take effect July 1, 2006.

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