SALES AND REGULATION
THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
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)
357R-1. 01 Purposes and Definitions
357R-1. 02 Registration of Well Drillers
357R-1. 03 Construction of Wells
357R-1. 04 inventory
357R-1. 05 Civil Action for Damages
357R-1. 06 Penal Provisions
357R-1. 01 Purposes and Definitions --
(1) Purposes -- The purposes of these rules and regulations are to implement the
declared water policy of Southwest Florida Water Management District (Regulatory)
and the State of Florida by effecting the maximum beneficial utilization, develop-
ment and conservation of the. water resources of the Regulatory District in the best
interest of all its people and to prevent the depletion, deterioration, waste, and
2 unreasonable use of said resources. Pursuant to these purposes, rules and regu-
lations are hereby.established to carry out the intents and purposes of Chapter 373,
(2) Definitibns -- 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 regu-
lations. The following words and phrases, when used in these rules and regulations
shall have the following meanings, except where the context clearly indicates a
(a) Well -- Any artificial hole in the ground, on submerged or unsub-
merged land, having a diameter of more than two (2) inches, but not
more than one hundred twenty (120) inches, and including, but not limited
Sto, water-table wells, artesian wells, core boring holes, seismic holes,
iand stratigraphic test holes.
(b) Well Driller -- Any person, firm or corporation who constructs,
alters or repairs wells. i,
(c) rWell Construction -- The producing of any well, including the con-
struction, alteration, or repair thereof.
i (d) Gang Well -- A system where two or more wells are coupled to-
gether with a common header or manifold.
(e) Regulatory District -- The Southwest Florida Water Management
District (Regulatory) established by Southwest Florida WVater Manageme:nt
District Resolu .on No. 268 pursuant to Chapter .73, 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 Chapters 63-659 and 63-849,
Laws of Florida.
(f) Regulatory Board -- The governing board of the Regulatory District
and its duly designated executive officers, employees and agents.
General Authority 373. 171, Florida Statutes; Law Implemented 373. 171 (1), Florida
357R-1. 02 Registration of Well Drillers --
(1) Registration Requirements -- Every person who constructs any well in the Re-
gulatory District shall be registered as a well driller and shall be the holder of a
valid current registration certificate.
(2) Special and General Certificates -- The Regulatory Board may issue special
and general certificates of registration.
(3) General Certificates -- General certificates of registration shall be issued
annually and shall expire at midnight on June 30th each year. Such certificates
"shall be valid throughout the Regulatory District and shall include all approved
well construction operations.
(4) Qualifications of Applicants for General Certificate as Well Drillers --
(a) Any person is qualified to receive a general certificate of registration:
(1) Who is at least 18 years of age; ,
f (2) Who is of good moral character;
I (3) Who has had a minimum of two (2) years experience in well
; construction as a well driller or helper, or who demonstrates
j satisfactorily his practical knowledge and capability in actual
Swell construction operations; and,
(4) Who has passed a satisfactory examination conducted by the
SRegulatory Board to determine his fitness to be engaged in well
(b) Applications for general certificates shall be submitted in writing on
forms provided by the Regulatory Board and shall be accompanied by
sworn affidavits, fully executed, on forms provided by the Regulatory
Board, and sworn to by two (2) experienced well drillers who have known
the applicant for at least three (3) years and who are personally familiar
with the applicant's ability to perform the work of a well driller.
(c) Any person \. o is at least 18 years of age ai.- of good moral character
and who has been actively and continuously engaged in well construction
operations for five years immediately prior to making application shall
be qualified to receive a general certificate of registration without meeting
the requirements prescribed in subsection (a), hereof; provided that appli-
cation is submitted to the district prior to October I, 1970. Such applica-
tion shall be in writing on forms to be provided by the Regulatory Board
and shall include a sworn statement by the applicant as to his experience
(5) Issuing General Certificates -- When an application for a general certificate of
registration has been approved by the Regulatory Board, the applicant shall be noti-
fied in writing after which he shall have thirty (30) days in which to give a bond to
be approved by the board in the sum of five thousand dollars ($5000), conditioned
upon compliance with the provisions of laws of this state, the rules and regulations
Prescribed herein, and the orders adopted or issued pursuant thereto for the protec-
tion of the water resources of the Regulatory District, payable to the Regulatory
District and its successors, with some reputable bonding corporation authorized to
do business in this state as surety, and such certificate of registration will forth-
with be issued by the board. Such bond shall be maintained as a condition to the
continued validity of the registration certificate.
(6) Special Certificates -- Special certificates of registration may be issued for
limited periods of time of not more than one (1) yean as stated in the certificate.
Such certificate shall only be valid for specific well construction operations. The
Regulatory Board may prescribe such restrictions and shall require such qualifi-
cations and bond as it deems proper for each special certificate.
(7) Address of Registrants -- Each well driller having a certificate of registration
shall keep the Regulatory Board advised of the current address of his residence
and of his business.
(8) Keeping Certificate on Registrant's Person -- Each well driller shall keep his
certificate of registration on his person at all times when he is engaged ill any well
construction activities and shall display same upon request.
(9) Individual Identification Numbers Identification numbers shall be assigned
to each well driller receiving a certificate of registration. Such numbers will re-
main the same continuously from year to year so long as the registrant maintains
a valid current certificate and said numbers shall not be transferable.
(10) Firm Identificati ; Numbers -- Firms, partnerships, corporations or other
business associations having more than one registered well driller associated
therewith shall apply for and may be granted a firm identification number to be used
in connection with all its well construction operations.
(11) Firm Records -- Each business association holding a firm identification num-
"ber shall keep accurate records and shall make such records available for inspection
by the Regulatory Board at any reasonable time. These records shall list all well
construction operations engaged in, together with the name and individual identifica-
tion number of the registered well driller supervising such work.
(12) Marking Vehicles and Equipment -- The identification number of the well driller
or of his firm shall be prominently displayed on each side of every vehicle and well
i drilling rig used in connection with all well construction operations and shall remain
so displayed at all times such equipment is under control of or available for use by
B such well drillers. All numbers and figures shall be not less than two (2) inches high.
A decalcomania to be issued by the Regulatory Board indicating current, valid certi-
fications shall be displayed adjacent to each identification number and shall not be
(13) Supervision of Well Construction -- All well construction operations shall be
. .performed under the direct and personal supervision and in the presence of a regis-
tered well driller.
S (14) Ground for Refusal, Suspension or Revocation of Certificate of Registration --
"The Regulatory Board may refuse to issue or renew or may suspend or revoke a
certificate of registration on any one or more of the following grounds:
(a) Material misstatement in the application for certificate of
(b) Failure to have or retain the qualifications required herein.
i (c) Willful disregard or violation of any rule or regulation promul-
gated herein by the Regulatory Board. *
(d) Willfully aiding or abetting another in the violation of this article
or any rule or regulation promulgated by the Regulatory Board pdr1
(e) Gross incompetency in the performance of the work of a well-
(f) Allowing the use of his registration certificate by a person who
^ does not hold a valid certificate of registration.
(g) Failure to apply for registration prior to beginning drilling opera-
tions within the district.
(15) Institution of Proceedings to Suspend or Revoke Certificate of Registration --
Proceedings may be instituted by any member or employee of the Regulatory Board
or by any other party by filing a sworn written complaint with the Regulatory Board
on forms provided by it.
(16) Suspension or Revocation -- The Regulatory Board may, upon investigation,
suspend a certificate of registration and, after notice and hearing, may extend such
suspension or revoke the certificate of'registration. The provisions of Part II,
Chapter 120, Florida Statutes, shall apply.
General Authority 373. 171, Florida Statutes; Law Implemented 373. 171(1), Florida
357R-1. 03 Construction of Wells --
(1) Policy -- It shall be the policy of the Regulatory Board to ascertain that all wells
within the Regulatory District are located, constructed, maintained and used so as
to protect the water resources within said District in accordance with the purposes
of these rules and regulations as set forth in subsection 1. 01 (1) hereof.
(2) Construction Methods -- Wells may be constructed by drilling, coring, boring,
washing, jetting, driving or digging but must be so constructed, cased, cemented,
plugged, capped or sealed as to prevent permanently the escape of water to waste
either at or above the land surface, or to escape from a subsurface zone of higher
* hydrostatic head into a zone of lower hydrostatic head, or to become contaminated
by poor quality water or other substance from either surface or underground sources.
(3) Permit Required -- A permit shall be obtained from the Regulatory Board before
any well, larger than two (2) inches in diameter and also greater than forty (40) feet
in depth, shall be constructed, repaired, modified or otherwise altered. Such per-
mit shall be prominently displayed at the site of the well prior to beginning any
work thereon and shall remain so displayed until construction is completed.
(4) Gang Well Permits -- Notwithstanding definition of a well as set forth in sub-
paragraph 1.01(2)(a) herein, no gang well shall be constructed without a permit,
regardless of the size or depth of the individual wells comprising such gang well,
for the purpose of procuring or obtaining water .other than for temporary dewatering.
(5) Application for Permit -- A written application shall be made to the Regulatory
Board on forms provided by it and shall be signed by the well driller who will per-
form the work. Such application shall include the name and address of the owner or
other person in posse .on of the property, the name d identification number of
the well driller, the location of the work and the specifications for the well construc-
tion, for example type of well construction proposed, the size of the well and the
method of construction to be employed.
(6) Permission to Inspect -- The application shall also include a signed statement
granting permission by the owner or other person in possession for the Regulatory
Board, its employees or agents, to go upon the premises at any reasonable time to
inspect the well, its location, construction and operation.
(7) Specifications -- The specifications for well construction as set forth in the
written application, if approved, shall be contained in the permit issued by the Regu-
latory Board and well construction shall be performed in accordance with such speci-
fications. Any deviatiQn therefrom shall only be made upon written permission of
the Regulatory Board.
j (8) Duration of Permits -- Each permit shall be consecutively numbered, shall be
dated and shall be valid for a period of six (6) months, unless the time limit is ex-
tended by the Regulatory Board and a supplemental permit issued.
(9) Construction. Logs and Reports --
(a) Well drillers shall keep a log on a form provided by the Regulatory
Board of all well construction activities performed under each permit
and shall file with the Regulatory Board such log together with a report
j within thirty (30) days of the completion or cessation of the work autho-
rized by the permit. If no work is performed, a report shall be filed
within thirty (30) days of the expiration of the permit stating that no well
construction operations were performed under the permit.
(b) Such logs shall be available for inspection at the site of well con-
struction during all times when actual well construction activities are
(c) The Regulatory Board may also require that samples be taken and .
furnished to it within thirty (30) days after being taken. Containers and
instructions shall be provided by the Regulatory Board. f
(10) Test Holes -- More than one (1) well may be constructed as test holes for one
owner using a single permit, subject to each of the following conditions:
(a) All such well construction shall be performed on a single contiguous
tract of land under the same ownership.
(b) The pattern or layout of such test holes shall be approved by the
(c) All rules ana regulationss for well construction shall be complied with.
(d) No such test hole found to produce a desired amount of water may be
converted to a production or observation well without first obtaining a per-
mit for doing so from the Regulatory Board.
(11) Notice of Rejection, Suspension or Revocation of Permit --
(a) The Regulatory Board shall issue a Notice of Rejection whenever it
determines that an application for a permit for well construction fails to
meet the requirements prescribed by Chapter 373, Florida Statutes, or
by these rules and regulations, or that such proposed well construction
would be contrary to the policy of this state or of the Regulatory Board
as set forth in such laws or in such rules and regulations.
(b) Such Notice of Rejection shall:
(1) State the grounds for rejection, and may state any remedial
action, if any, which may be taken to make such application accept-
able for approval; and
(2) Be served in writing upon the persons signing the application by
| registered or certified mail.
i (c) Any applicant receiving a Notice of Rejection may obtain a hearing
before the Regulatory Board by filing withinthirty (30) days of the mailing
of such Notice of Rejection a written petition requesting such hearing. The
i provisions of Part II, Chapter 120, Florida Statutes, shall apply.
S(d) The Regulatory Board may, upon investigation, suspend a permit and,
\ after notice and hearing, may extend such suspension or may revoke the
Permit. The provisions of Part II, Chapter 120, Florida Statutes, shall
apply. Such suspension or revocation may be made on any one or more of
the following grounds:
| (1) Material misstatement or misrepresentation in the application
i for a permit.
(2) Failure to comply with the provisions set forth in the permit.
(3) Willful disregard or violation of any rule or regulation promul-
gated herein by the Regulatory Board.
,(4) Material change of circumstances or conditions existing at the
time such permit was issued.
(12) Emergency Permits -- Emergency Permits may be issued by the Regulatory
Board when conditions exist which justify such issuance. Emergenricy Permits may
be applied for orally by telephone and the IRegulatory Board may issue an Emergency
Permit orally by telephone, however, a serious set of unforeseen or unforeseeable
circumstances must exist to create the emergency, not mere carelessness or lack
of planning on the part of the driller or requestor of the drilling. Misrepresentation
of conditions leading to an Emergency Permit can void the permit and lead to the
loss of the driller's registration. Any oral Emergency Permit shall be verified
forthwith by telegram to the applicant, which telegram shall be prominently displayed
at the site of the well as soon as it is received by the applicant. The applicant for
an Emergency Permit shall further reduce his application to writing in accordance
with subsection 1. 03 (5) within 24 hours after making oral application. The making
of an oral application for an Emergency Permit shall constitute permission to the
Regulatory Board to inspect well construction activities as otherwise provided for
in subsection 1. 03 (6) hereof. Subsection 1. 03 (9) shall apply to construction per-
formed under an Emergency Permit.
(13) Exemptions -- No provision of subsection 1. 03 (3) shall apply to engineering
bore holes, soil sampling test holes, or mineral prospecting holes which do not
penetrate a water-bearing stratum of the earth that yields water to wells, springs
I or streams adjacent to or in the vicinity of the said exploratory or test holes.
General Authority 373. 171, Florida Statutes; Law Implemented 373. 171 (i), Florida
357R-1.04 Inventory --
i (1) Purpose -- The Regulatory Board has determined the necessity for taking and
i maintaining an accurate inventory of water resources and uses within the Regula-
tory District so that it takes all necessary and proper steps to effect the maximum
beneficial utilization, development and conservation of the water resources'within
said district in the best interest of the public and to prevent waste, contamination
and unreasonable use of said resources.
(2) Area to be Inventoried -- An inventory will be made and maintained of all wells
constructed pursuant to permits issued by authority of these rules and regulations.
In addition, the Regulatory Board may take inventory of all other wells located
S within areas the Chief Hydrologist of the Regulatory Board determines to be seri-
I ously endangered from over-development, salt-water intrusion, pollution or other
(a) In all such areas the Regulatory Board, its employees and agents,
shall have the right to inspect all wells, going upon the premises where
located at any reasonable time for such purpose.
(b) No person shall interfere with or prevent such inspection.
General Authority 373. 171, Florida Statutes; Law Implemented 373. 171 (1), Florida
357R-1. 05 Civil Action for Damages --
(1) The Regulatory District may, when it determines that it is in the public interest,
bring civil action for damages against any well driller or owner or possessor of a
well when water is wasted or contaminated by improper well construction or use in
violation of Chapter 373, Florida Statutes, or of these rules and regulations or of
any orders adopted or,issued pursuant thereto.
General Authority 373. 171, Florida Statutes; Law Implemented 373. 171 (1)(c),
357R-1. 06 Penal Provisions --
(1) Any person who violates any rules or regulations prescribed herein or any orders
adopted or issued pursuant thereto shall be punished as provided in section 373. 241,
General Authority 373. 171, Florida Statutes; Law Implemented 373. 171 (1)(c),