-CONTROL, CONSERVATION*AND USE OF WATER RESOURCES, WITH
PARTICULAR REFERENCE TO GROUND WATER RESOURCES, IN
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT (REGULATORY)
PURPOSES AND DEFINITIONS
1.01 PORPOSES -- 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, development
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 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.
1.02 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.
A. Well -- Any artificial hole in the ground, including
submerged as well as unsubmerged land, having a diameter
of more than two (2) inches, but not more than one hundred
twenty (120) inches, and having a depth of more than
forty (40) feet, and shall include but not be limited
to, water-table wells, artesian wells, core boring holes,
seismic holes, and stratigraphic test holes.
B. Well Driller -- Any person, firm or corporation who
constructs, alters or repairs wells.
C. Well Construction -- The producing of any weller-the
alteration or repair thereof.
D. Regulatory 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
chapters 63-659 and 63-849, Laws of Florida.
E. Regulatory Board -- The governing board of the
Regulatory District and its duly designated executive
officers, employees and agents.
F. Gang Well A system where two or more wells are
coupled together with a common header or manifold.
REGISTRATION OF WELL DRILLERS
2.01 REGISTRATION REQUIREMENTS -- Every person, who constructs
any well in the Regulatory District shall be registered as a
well driller and shall be the holder of a valid current
2.02 SPECIAL AND GENERAL CERTIFICATES --.The Regulatory Board
may issue special and general certificates of registration.
2.03 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 con-
2.04 QUALIFICATIONS OF APPLICANTS FOR GENERAL CERTIFICATE AS
WELL DRILLERS --
A. Any person is qualified to receive a general certificate
(1) Who is at least 18 years of age;
(2) Who is of good moral character;
(3) Who has had a minimum of two (2) years experience
in well construction as a well driller or helper,
or who demonstrates satisfactorily his practical
knowledge and capability in actual well construction
(4) Who has passed a satisfactory examination conducted
by the Regulatory Board to determine his fitness to
engaged in well construction.
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 who is at least 18 years of age and 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 application is submitted to the district
prior to Such application
shall be in writing on forms to be provided by the Regulatory
Board and shall include a sworn statement by the appli-
cant as to his experience and background.
2.05 ISSUING GENERAL CERTIFICATES -- When an application for a
general certificate of registration has been approved by the
Regulatory Board the applicant shall be notified 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 protection 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 re-
gistration will forthwith be issued by the board. Such bond
shall be maintained as a condition to the continued validity
of the registration certificate.
2.06 SPECIAL CERTIFICATES -- Special certificates of registration
may be issued for limited periods of time of not more than one
(1) year 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 qualifications and bond as it deems proper for
each special certificate.
2.07 ADDRESS OF REGISTRANTS -- Each well driller having a cer-
tificate of registration shall keep the Regulatory Board advised
of the current address of his residence and of his business.
2.08 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 in any well construction
activities and shall display same upon request.
2.09 INDIVIDUAL IDENTIFICATION NUMBERS -- Identification numbers
shall be assigned to each well driller receiving a certificate of
registration. Such numbers will remain the same continuously
from year to year so long as the registrant maintains a valid
current certificate and said numbers shall not be transferable.
2.10 FIRM IDENTIFICATION 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.
2.11 FIRM RECORDS -- Each business association holding a firm
identification number 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 identification number of the registered well driller
supervising such work.
2.12 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 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 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 certifications shall be displayed adjacent to each
identification number and shall not be transferable.
2.13 SUPERVISION OF WELL CONSTRUCTION -- All well construction
operations shall be performed under the direct and personal super-
vision and in the presence of a registered well driller.
2.14 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 registration.
B. Failure to have or retain the qualifications
C. Willful disregard or violation of any rule or
regulation promulgated 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 pursuant thereto.
E. Gross incompetency in the performance of the work
of a well-drilling contractor.
F. Allowing the use of his registration certificate
by a person who does not hold a valid certificate of
G. Failure to apply for registration prior to
beginning drilling operations within the district.
2.15 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.
2.16 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.
CONSTRUCTION OF WELLS .
3.01 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 from waste, contamination
3.02 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 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.
3.03 PERMIT REQUIRED -- A permit shall be obtained from the
Regulatory Board before any well shall be constructed, repaired,
modified or otherwise altered. Such permit shall be prominently
displayed at the site of the well prior to beginning any work
thereon and shall remain so displayed until construction is
3.04 GANG WELL PERMITS -- Notwithstanding definition of a
well as set forth in subparagraph 1.02 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.
3.05 APPLICATION FOR PERMIT-- A written application shall be
made to the Regulatory Board on forms provided by it and shall be
signed by both the owner, lessee, or other person in possession
of the property on which such well is to be constructed and
the well driller who will perform the work. Such application
shall include.the name and address of the owner or other person
in possession of the property, the name and identification
number .of the well driller, the location of the work and the
specifications for the well construction aQw -h P l(
3.06 PERMISSION TO INSPECT -- The application shall also
include a 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.
f.Y ... .. .. .,
3.07 SPECIFICATIONS-- Specifications for construction ooah /9,/ Q
-weNr shall be contained in the permit issued by the Regulatory
Board and well construction shall be performed in accordance with
such specifications. Any deviation therefrom shall only be made
upon written permission of the Regulatory Board.
3.08 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 limited is extended by the
Regulatory Board and a supplemental permit issued.
3.09'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 within thirty (30) days of the completion or
cessation of the workauthorized 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
B. Such logs shall be available for inspection at the
site of well construction during all times when actual well
construction activities are being performed.
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.
3.10 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 Regulatory Board
C. All rules and regulations 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 permit for doing so from
the Regulatory Board.
3.11 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 or 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
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 acceptable for approval; and
(2) Be served in writing upon the persons signing
the application by registered or certified mail.
C. Any applicant receiving a Notice of Rejection may
obtain a hearing before the Regulatory Board by filing
within thirty (30) days of the mailing of such Notice
of Rejection a written petition requesting such hearing.
The provisions of Part II, Chapter 120, Florida Statutes,
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 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 promulgated herein by the Regulatory Board.
(4) Material change of circumstances or conditions
existing at the time such permit was issued.
CIVIL ACTION FOR DAMAGES
4.01 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
5.01 Any person who violates any rules or regulations pres-
cribed herein or any orders adopted or issued pursuant thereto
shall be punished as provided in section 373.241, Florida
6.01 PURPOSE -- The Regulatory Board has determined the nec-
essity for.taking and maintaining an accurate inventory of water
sources and uses within the Regulatory District so that it
take 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.
6.02 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 will take inventory of all other wells located
within areas the Chief Hydrologist of the Regulatory Board
determines to be seriously endangered from over-development,
salt-water intrusion, pollution or other contamination.
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
APPLICATION FEE SCHEDULE
.01 CERTIFICATE OF REGISTRATION -- No application for a
certificate of registration shall be considered by the Regulatory
Board until the proper application fee set forth below has been
A. For initial general certificate
of registration pursuant to
section 2.04 C . .$
B. For all other initial
general certificates . .$
C. For renewal of general
certificate . . . $
D. For special certificates
of registration of not
more than 3 months
duration . . . $
E. For special certificates
of more than 3 months
duration . . . $
.02 PERMITS -- No application for a well construction permit
shall be considered by the Regulatory Board until the proper
application fee set forth below has been paid:
A. For wells having a completed
inside diameter of not more
than four (4) inches .. . $
B. of more than four (4) inches
but not more than six (6)
inches .. . . *$
C. of more than six (6) inches
but not more than eight (8)
inches . .. * *$
D. of more than eight (8) inches
but not more than ten (10)
inches .. .. * *$
E. of more than ten (10) inches
but not more than twelve (12)
inches . . * *$