Title: Letter to Secretary of State of Florida
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 Material Information
Title: Letter to Secretary of State of Florida
Alternate Title: Letter to Secretary of State of Florida enclosing revised copy of Chapter 16CC-1.01 through 16CC-1.06, adopted by SWFWMD Board of Governors; Certificate of Administrative Rules Filed with the Secretary of State; Notice of Public Hearing for Changes to rul
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
General Note: Box 2, Folder 1A ( SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (Regulatory), Folder 1 ), Item 126
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: UF00050944
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text


REUBIN O'D. ASKEW r
C Governor
Stat of F rida RICHARD (DICK) STONE
tate of FIlorida Secretary of State
"S ROBERT L. SHEVIN
oo^ 6 Attorney General
FRED O. DICKINSON, JR.
Comptroller

DEPfARTMENT OF NATURAL RESOURCES eLSeMA
Commissioner of Agriculture
FLOYD T. CHRISTIAN
RANDOLPH' HODGES LARSON BUILDING / TALLAHASSEE 32304 / TELEPHONE 224-7141 Commissioner of Education
Executive Director
January 28, 1972


Sonorable Richard Stone
SSecretary of State
Capitol Building
Tallahassee, Florida 32304

Dear Mr. Secretary:

I am enclosing herewith the revised copy of Chapter 16 CC,
Florida Administrative Code, which was adopted by the
governing board of Southwest Florida Management District
(Regulatory) on July 14, 1971, subsequently reexamined
and reaffirmed on November 10, 1971, and modified by the
Director of the Division of Interior Resources in January
-s 1972, under authority of Chapter 373.174. There exists a
slight deviation from the wording suggested by the Directot
of the Division of Interior Resources in 16 CC-1.03 (13),
but there is no change in the intent of the rule and it is
acceptable to the Division of Interior Resources as submitted.

I submit to you Chapter 16 CC for filing pursuant to Chapter...
120, Florida Statutes. Please notify the Division of Intaeri6i
Resources and the Southwest Florida Water Management Distriicf
(Regulatory) of the effective date.
Sincerely yours,
...... 1 .



Rob crt O Vernon
Dire tor k
Division of Interior Resources


ROV:gm
-" enclosure
cc: Dale Twachtmann
Executive Director: ,
Southwest Florida Water Management District i



" Iri




DIVISIONS / ADMINISTRATIVE SERVICES ENVIRONMENTAL RESEARCH AND PROTECTION INTERIOR SOURCES
... MARINE RESOURCES RECREATION AND PARKS "













CERTIFICATION OF

ADMINISTRATIVE RULES FILED WITH THE SECRETARY OF STATE,
RICHARD STONE

(Pursuant to Chapter 120, Florida Statutes)



I do hereby certify that the attached rules are correct copies as promulgated

and adopted on July 14, 1971 and subsequently modified by the Director, Division

of Interior Resources, Department of Natural Resources in January, 1972.

SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)


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Statutory Rule Specific Law. -,-
Rule No. Making Authority Implemented- -

16CC-1.01 Chapter 373 F.S. 373.072, 373.081, 373.1 I',D
373.141, 373.142,:573.1 T,
373.151, 373.171 F':.S ". .

16CC-1.02 Chapter 373 F.S. 373.072, 373.081 ,"33.3 1,
373.142, 373.144, 373.151,
373.171 F.S.

16CC-1.03 Chapter 373 F.S. 373.072, 373.081, 373.101,
373.142, 373.144, 373.151,
373.171 F.S.

16CC-1.04 Chapter 373 F.S. 373.072, 373.081, 373.101,
373.142, 373.144, 373.151,
373.171 F.S.

^ 16CC-1.05 Chapter 373 F.S. 373.151, 373.171 F.S.

16CC-1.06 Chapter 373 F.S. 373.021 through and in-
cluding 373.241 F.S.









;Srte.Furtee.





/-' .....Number of rule pages certified "


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_OTiCE O.cF c Ui L r" F .,
Lo CLEAIRWA'T SU'N cw,, UL
l'u.liished Daily A (3?Nt ., I,.O ROA
Clearwater, r'inellas County, Florida A I CODE)
STATE 01 FLO',DA S ivE.ST LD V/
COUNTY or P)?iE.LLAS: fn-t4 AGR-NT .D
S .elore the undrisigned authority personally c'poocrcd .1 P ucil Hairis, who on cc,,.' r ,- '. v,) 0 1 .' rm.
ocrth seyc that 1', is th1 }',business M'-nager of the :Clarwvater Sun, a ,c ily nev.'cspaper o a Votcr ,v .'iC'ct (7

advet.isemcnt. being a .. O. tiJ c oi .ib.i Go. ..,ors o. S.u".r. imre,
I t I ir Oil
.published M C r1 Ot
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Slorida Ad,.i.nisbrative Code) ,,... ,: ""
1" I: c; oor1) -;nd re aT "TL



i o .. b n x x x x : ........ .... .......... ........... ..... : .. ..was published O r '
.,.w.p eriI .,. .,.ue. .f........ ...". ...r... \3, I

Afiiant furithr says that the said Cearvater Sun is a nevwspoper publi shetd art.'., .v o rio ~n .
Cle'rv.',ater, in sci- Pine ll is Cou'ty, Florido, o:rid tlact the .id newr.c pap r hcG poki o. i c. rIoe CR u 1:. L ,re
hec' .tc:toe. bee co:-:tinuousJy pub ishied in said ..inc]as County, Fio.-dc r-och d-y c?:d ,,, emnt.r D e'i ct v-''i-' 1o.
hus bo'n cnte:ied ci scccnd class maIl iuiatir ct th' posrO ice i Cc:rwvater, in is;':d Chop'cr 61.691, Lov's oV f c i,
Pin,'l'os County, Florido, for M period of one year next .recef:..ngcr the first publication: of orrcfn.'l.c < b. p o
..... ,u vaucscb e d b or r 'i-ish i o .


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(SEAL) Notary Pi`c A r rd
S mm';oxpirs DEC. 9, A t ior do e .r r t


t 2 2nr in C., Py A 7 1 rtC. ..o.fApril 15.. 2




Thisis a typical advertisement Exact copies were published in newspapers
prin all fifteen counties of the District.


This is a typical advertisemenAt Exact copies were published in newspapers "1; .......
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in all fifteen countieIs of the District. b ........ : j,, ."l
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I:,3 1 C lf ccu~i~g t~isc~~.r~;cl;cnt:':.3r,.:!ictio ~ ji~ii~cscrci rtw1~:l~c. Ir re! t~e iaApril 15, 22~ ilt







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PURPOSE OF REVISION ;


The rules and regulations of the Southwest Florida Water Management District
(Regulatory) -- formerly called Chapter 357R-1 -- have been revised to clar-
ify provisions of the previous rules and regulations.

SUMMARY

16CC-1.01 PURPOSES AND DEFINITIONS -- Revisions included the amendment and :
addition of certain words and phrases to eliminate ambiguous

provisions. This section continues to explain the purposes of .

-4- the rules and regulations and to set forth the meanings otfwords
and phrases used.

16CC-1.02 REGISTRATION OF DRILLERS AND CONTRACTORS -- Revisions included,1 "
the amendment of certain provisions to eliminate ambiguit1e'-and:. .
to be consistent with the newly defined words and phrases. _.The.
section continues to set forth the requirements and qualifica-
tions for driller and contractor registration as well as the

types of registration. The section also sets forth the means

and grounds for refusal, suspension or revocation of registration.

16CC-1.03 CONSTRUCTION OF WATER WELLS AND TEST OR FOUNDATION HOLES -- The
section was revised by amending, adding and deleting certain pro-

visions. The revision sets forth more specifically the require-

ments for construction of water wells and test or foundation :'

holes. In addition, the section continues to detail the prbce-

dures for authorization of these constructions as well as the '
means and grounds for rejection, suspension or revocation of : ;

". p e rm i t s .,, ,
16CC-1.04 INVENTORY -- This section was revised to conform to the revised ,;.

.... .definitions contained in Section 1.01. The section explains.. .:

:I:: the purpose of the inventory of the water resources and uses and ,,
/:ii:: 'sets forth the means of the inventory. ,:1 ': ,




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^ ~16CC-I.05 PUBLIC HEARING PROCEDURE -- This section is entirely new.Th

old section which dealt with civil action for damages has been

deleted in its entirety. The new section sets forth the proce-

dures to be used for all public hearings.

16CC-1.06 PENAL PROVISIONS -- This section remains unchanged. It sets

forth the penal provisions for violations of the rules and

regulations.








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RULES
OF
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
CHAPTER 16CC
RULES AND REGULATIONS FOR THE DEVELOPMENT,
CONTROL, CONSERVATION AND USE OF WATER RESOURCES,
WITH PARTICULAR REFERENCE TO GROUND WATER RESOURCES, IN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)


16CC-1.01 Purposes and Definitions
16CC-1.02 Registration of Drillers and Contractors
16CC-1.03 Construction of Water Wells and Test or Foundation Holes
16CC-1.04 Inventory
16CC-1.05 Public Hearings Procedure
16CC-1.06 Penal Provisions


16CC-1.01 Purposes and Definitions. --
(1) Purposes -- The purposes of these rules and regulations are to imple-
ment the declared water policy of Southwest Florida Water Management District
(Regulatory) and the State of Florida by effecting the maximum beneficial
utilization, development and conservation of the water resources of the Dis-
trict in the best interest of all its people and to prevent the depletion,
deterioration, waste, and unreasonable use of said resources. Pursuant to
these purposes, rules and regulations are hereby established to carry out .
the intents and purposes of Chapter 373, Florida Statutes.
(2) Definitions -- The words and phrases defined in sections 373.021 and ;.
373.081, Florida Statutes, shall have the same meanings when used in these :.
rules and regulations. The following words and phrases, when used in these :
rules and regulations shall have the following meanings, except where the :
context clearly indicates a different meaning. r '
(a) Water Well -- Any artificial hole in the ground, on submerged or ,
unsubmerged land, having a diameter of not less than two (2) inchesP :
;,., 'or more than one hundred twenty (120) inches and intended to produce







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or accept water or to search for water for the above purposes. This
definition includes but is not limited to the following: water-table

wells; artesian wells; such special purpose wells as water-resources

test and/or observation wells; water-disposal wells; recharge or re-
pressuring wells; and water-level control or drainage wells.

(b) Test or Foundation Hole -- Any artificial hole in the ground

drilled, bored, cored, washed or jetted, the intended use of which

includes obtaining data for engineering and/or for geophysical or

geological exploration; prospecting for minerals or products of mining

.- or quarrying; but not for the purposes of either producing or dispos-
ing of water.

(c) Water-well Driller -- Any person who constructs, alters or re- *
pairs water wells.

(d) Water-well Driller Trainee -- Any person not qualified for regis-

tration as a water-well driller who helps construct, alter or repair

water wells under the direct supervision of a registered water-well

driller while gaining the experience and learning the skills needed

to qualify for registration.

(e) Water-well Construction -- The making or producing of any water

well, including the construction, alteration, or repair thereof.

(f) Test or Foundation Hole Driller -- Any person who constructs,
alters or repairs test or foundation holes.

(g) Test or Foundation Hole Driller Trainee -- Any person, who is
not qualified for registration as a test or foundation hole driller, ,
who helps construct, alter or repair test or foundation holes under ..
the direct supervision of a registered test-hole or foundation ..

driller, while gaining the experience and learning the skills needed i

to qualify for registration. '
(h) Test or Foundation Hole Construction The making or producing < A

.....of test or foundation holes, including the construction, alteration .





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or repair thereof as set out in "b" above.
(i) Contractor -- Any person, corporation or other legal entity pro-
v riding water-well construction or test or foundation hole construction,

who is or has in its employ one or more water-well drillers or test or
foundation hole drillers.

(j) Gang Well -- A system where two or more water wells are coupled
together with a common header or manifold.

(k) Aquifer -- An aquifer is a hydrologic unit which consists of a geo-
logic formation, a related group of formations, or only part of a forma-
tion, which is saturated with water and capable of transmitting usable
quantities of water to wells or springs.
(1) District -- The Southwest Florida Water Management District ,

(Regulatory) established by Southwest Florida Water Management District
Resolution No. 268 pursuant to Chapter 373, Florida Statutes, and the
area of said district, being coextensive with the area of the Southwest
Florida Water Management District as prescribed by Chapter 61-691, Laws
of Florida, as amended by Chapter 63-659 and 63-849, Laws of Florida.

(m) Board -- The governing board of the District and its duly desig-
nated executive officers, employees and agents.

(n) Florida State Board of Engineer Examiners -- A state board created
and established by Chapter 471, Florida Statutes, to carry out the

provisions relating to professional engineers.
(o) Registered Professional Engineer -- Any person who is certified

(registered) by the Florida State Board of Engineer Examiners, as
prescribed in Chapter 471, Florida Statutes, entitled "Professional :
Engineers".
(p) Engineering Testing Laboratories -- Any corporation or partner- ,

ship engaged in gathering data for engineering and/or geophysical or
geological exploration, or for prospecting for minerals or products I
of mining or quarrying and interpreting data so obtained for use of .
"' their clients and holding a certificate of authorization from the ,.:




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Florida State Board of Engineer Examiners, as prescribed in Chapter

471, Florida Statutes.

(q) Certified Professional Geologist Any person who is qualified
by reason of his knowledge of mathematics, physics, chemistry, geol-

ogy or geological engineering acquired by professional education and

practical experience, and who is certified (registered) by the

American Institute of Professional Geologists.

General Authority 373, Florida Statutes; Law Implemented 373.072, 373.081,

373.101, 373.141, 373.142, 373.144, 373.151, 373.171, Florida Statutes.

SHistory -- New 10-01-69, Amended 07-08-70, Revised 07-14-71.
16CC-1.02 Registration of Drillers and Contractors. --

(1) Registration Requirements -- Any person, corporation or other legal .

entity who constructs a water well or test or foundation hole within the

District boundaries shall be registered with the Board.

(2) Registration Certificates -- The Board may issue registration certi-

ficates in the form of an identification card. The card will certify on

its face the operations for which the driller or driller trainee is quali-

fied and registered.

(3) Qualifications of Individual Drillers for Registration Certificates --
(a) To qualify as a registered driller a person must:
(1) Be at least 16 years of age, and be of good moral and

ethical character; -

(2) Have a thorough knowledge of the rules and regulations .
of the District.

(3) Have had sufficient experience in water-well construc-

tion or test or foundation hole construction, or both, to.

.... demonstrate satisfactorily his practical knowledge and his
capability to operate equipment used in actual construction

operations; and

;,, (4) Pass a written test furnished by the Board. : : ,
S. (b) To qualify as a driller trainee a person must: ,, ,. :.. ,..



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(1) Be at least 14 years of age and hold current authoriza-

tion to work under existing Florida Statutes, and be of good

moral and ethical character;

(2) Have a thorough knowledge of the rules and regulations

of the District.

(3) Have a written recommendation of a registered driller

or registered contractor under whom he will serve as a

trainee. If he changes employers, a new recommendation must

be submitted.

r, (c) The Board may issue registration certificates to registered pro-
fessional engineers, engineering testing laboratories, and to certi-

fied professional geologists upon application and showing of a

thorough knowledge of the rules and regulations of the District;

additionally they must have had sufficient experience in water-well

construction or test or foundation hole construction, or both, to

demonstrate satisfactorily a practical knowledge of equipment used

in construction operations.

(4) Applications -- Applications for registration certificates shall be
submitted on forms provided by the Board.

(5) Qualifications of Contractors for Registration Certificates -- Any
contractor who is, or has in its employ, one or more registered water-well

drillers must register as a water-well contractor. Any contractor who is,

or has in its employ, one or more test or foundation hole drillers must

register as a test or foundation hole contractor; and must:
(a) Submit the necessary information on forms as furnished by the
Board. .

(b) Furnish a bond in the amount of five thousand dollars ($5,000), 1,: .
made payable to the District and its successors, with a reputable

bonding corporation authorized to do business in this state as r

surety. The bond is to be conditioned upon compliance with the :

'>" provisions of the laws of this state, the rules and regulations .. ;


I-5-




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