Title: Legislation 1988 Ch. 88-242 amending various parts of Chapter 373, the Water Resources Act of 1972
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00000966/00001
 Material Information
Title: Legislation 1988 Ch. 88-242 amending various parts of Chapter 373, the Water Resources Act of 1972
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Legislation 1988 Ch. 88-242 amending various parts of Chapter 373, the Water Resources Act of 1972, relating to: a) Governing Board Members b) Water well contractors c) Sunset review of Part III relating to well construction d) Extending sunset review of other portions of Ch. 373 e) Abolishing the Oklawaha River Basin
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 65
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000966
Volume ID: VID00001
Source Institution: Levin College of Law, 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

Legislation 1988

Ch 88-242 amending various parts of Chapter 373, the Water
Resources Act of 1972, relating to:
a) Governing Board members
b) Water well contractors
c) Sunset review of Part III relating to well construction
d) Extending sunset review of other portions of Ch 373
e) Abolishing the Oklawaha River Basin
CHAPTER 88-241 LAWS OF FLORIDA CHAPTER 88-241

possession of the fossil is not authorized by law to possess such
fossil.
Section 11. This act shall take effect upon becoming a law.

Approved by the Governor July 5, 1988.

Filed in Office Secretary of State July 5, 1988.


CHAPTER 88-242

Committee Substitute for Senate Bill No. 522

An act relating to water management districts; amending s.
373.073, F.S., relating to appointment of members of the
governing board of the Southwest Florida Water Management
District; amending s. 373.103, F.S.; authorizing the
water management districts to delegate certain permitting
authorities to local governments and to establish
criteria for such delegations; authorizing the South
Florida Water Management District to acquire certain
lands by eminent domain and declaring public necessity
for such acquisition; amending ss. 373.0693 and 373.073,
F.S.; providing dates for commencement of terms of office
of members of district governing boards and basin boards;
creating s. 373.302, F.S.; providing legislative
findings; amending s. 373.303, F.S.; revising the
definition of "water well contractor"; amending s.
373.308, F.S., to delete a cross-reference; amending s.
373.323, F.S.; providing for application for licensure,
examination of applicants, preparation of examination,
and issuance of license with respect to water well
contractors; providing for action to be taken by a water
management district when unlicensed activity occurs;
providing for adoption of rules; deleting provisions
relating to renewal of a license, suspension, or
revocation of a license, delegation of authority, and
registration of drillers and drilling equipment;
requiring display of contractor's license number on
drilling equipment; creating s. 373.324, F.S.; providing
for license renewal, adoption of rules, reversion to
inactive status, and notice thereof; creating s. 373.325,
F.S.; providing for renewal or reactivation of inactive
license; amending s. 373.326, F.S.; providing exemptions
from licensing requirements under certain circumstances;
amending s. 373.329, F.S.; providing licensure fee caps
as established by rule; increasing maximum fees for
application for licensure and penalty fees for license
-renewal; amending s. 373.333, F.S.; providing for
disciplinary guidelines by adoption of rules; providing
grounds for disciplinary action; providing disciplinary
actions, including license suspension or revocation;
providing for notice; providing for reissuance of a
suspended or revoked license; creating s. 373.335, F.S.;
creating a statewide clearinghouse allowing water
management districts to access certain information;
amending s. 373.336, F.S.; providing unlawful acts and
penalties; creating s. 373.337, F.S.; providing
rulemaking authority of the Department of Environmental
1337






/4,O



















Regulation and adoption of rules by the water management
districts; amending s. 373.342, F.S., to make technical
changes; repealing s. 373.339, F.S., relating to
preservation of existing regulations; saving ss. 373.323,
373.326, 373.329, 373.333, 373.336, and 373.342, F.S.,
from Sunset repeal; providing for future review and
repeal; reviving, readopting, and scheduling for future
Sundown review and repeal specified provisions of chapter
373, F.S., relating to the governing boards and basin
boards of water management districts; amending s.
373.0693, F.S., abolishing the Oklawaha River Basin and
the Greater St. Johns River Basin in the St. Johns River
Water Management District; transferring assets and
liabilities to the district and creating the Oklawaha
River Basin Advisory Council; providing an effective
date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Effective July 1, 1990, subsection (1) of section
373.073, Florida Statutes, is amended to read:

373.073 Governing board.--

(l)(a) The governing board of each water management district
shall be composed of nine members who shall reside within the
district, except that the Southwest Florida Water Management District
shall be composed of eleven members who shall reside within the
district. The term of office of members of the board shall be 4
years. Members of the governing boards continued under this chapter
shall be appointed from the district at large as vacancies occur on
the governing boards. Such vacancies shall be filled according to
the residency requirements of paragraph (b).

(b) Notwithstanding the provisions of any other general or
special law to the contrary, vacancies in the governing boards of the
water management districts shall be filled according to the following
residency requirements, representing areas designated by the U. S.
Water Resources Council in U. S. Geological Survey, River Basin and
Hydrological Unit Map of Florida--1975, Map Series No. 72:

1. Northwest Florida Water Management District:

a. One member shall reside in the area generally designated as
the "Perdido River Basin-Perdido Bay Coastal Area-Lower Conecuh
River-Escambia River Basin" hydrologic units and that portion of the
"Escambia Bay Coastal Area" hydrologic unit which lies west of
Pensacola Bay and Escambia Bay.

b. One member shall reside in the area generally designated as
the "Blackwater River Basin-Yellow River Basin-Choctawhatchee Bay
Coastal Area" hydrologic units and that portion of the "Escambia Bay
Coastal Area" hydrologic unit which lies east of Pensacola Bay and
Escambia Bay.

c. One member shall reside in the area generally designated as
the "Choctawhatchee River Basin-St. Andrews Bay Coastal Area"
hydrologic units.

d. One member shall reside in the area generally designated as
the "Lower Chattahoochee-Apalachicola River-Chipola River Basin-
1338






/J. ^


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242

















CHAPTER 88-242 LAWS OF FLORIDA CHAPTER 88-242

Coastal Area between Ochlockonee River Apalachicola Rivers-
Apalachicola Bay coastal area and offshore islands" hydrologic units.
e. One member shall reside in the area generally designated as
the "Ochlockonee River Basin-St. Marks and Wakulla Rivers and coastal
area between Aucilla and Ochlockonee River Basin" hydrologic units.

f. Four members shall be appointed at large, except that no
county shall have more than two members on the governing board.

2. Suwannee River Water Management District:

a. One member shall reside in the area generally designated as
the "Aucilla River Basin" hydrologic unit.

b. One member shall reside in the area generally designated as
the "Coastal Area between Suwannee and Aucilla Rivers" hydrologic
unit.

c. One member shall reside in the area generally designated as
the "Withlacoochee River Basin-Alapaha River Basin-Suwannee River
Basin above the Withlacoochee River" hydrologic units.

d. One member shall reside in the area generally designated as
the "Suwannee River Basin below the Withlacoochee River excluding the
Santa Fe River Basin" hydrologic unit.

e. One member shall reside in the area generally designated as
the "Santa Fe Basin-Waccasassa River and coastal area between
Withlacoochee and Suwannee River" hydrologic units.

f. Four members shall be appointed at large, except that no
county shall have more than two members on the governing board.

3. St. Johns River Water Management District:

a. One member shall reside in the area generally designated as
the "St. Mary River Basin-Coastal area between St. Marys and St.
Johns Rivers" hydrologic units.

b. One member shall reside in the area generally designated as
the "St. Johns River Basin below Oklawaha River-Coastal area between
the St. Johns River and Ponce de Leon Inlet" hydrologic units.

c. One member shall reside in the area generally designated as
the "Oklawaha River Basin" hydrologic unit.

d. One member shall reside in the area generally designated as
the "St. Johns River Basin above the Oklawaha River" hydrologic unit.

e. One member shall reside in the area generally designated as
the "Coastal area between Ponce de Leon Inlet and Sebastian Inlet-
Coastal area Sebastian Inlet to St. Lucie River" hydrologic units.

f. Four members shall be appointed at large, except that no
county shall have more than two members on the governing board.

4. South Florida Water Management District:

a. Two members shall reside in Dade County.

1339







/41 of















CHAPTER 88-242 LAWS OF FLORIDA CHAPTER 88-242

b. One member shall reside in Broward County.

c. One member shall reside in Palm Beach County.

d. One member shall reside in Collier County, Lee County, Hendry
County, or Charlotte County.

e. One member shall reside in Glades County, Okeechobee County,
Highlands County, Polk County, Orange County, or Osceola County.

f. Two members, appointed at large, shall reside in an area
consisting of St. Lucie, Martin, Palm Beach, Broward, Dade, and
Monroe Counties.

g. One member, appointed at large, shall reside in an area
consisting of Collier, Lee, Charlotte, Hendry, Glades, Osceola,
Okeechobee, Polk, Highlands, and Orange Counties.

h. No county shall have more than three members on the governing
board.

5. Southwest Florida Water Management District:

a. Two ene members shall reside in Hillsborough County the-river
basin-ge-erally-designated-as-the-Withiaseechee-River.

b. One member shall reside in the area consisting generally
eemprised of the Hillsborough and Pinellas counties7--Aeiata--and
bettle-Manatee-River-basins.

c. Two ene members shall reside in Pinellas County the-river
basin-ginerally-designaeed-as-the-Peaee-River.

d. One member shall reside in Sarasota County the-area-generally
eemprised-eo-the-Manatee-and-Myakka-River-basins.

e. One member shall reside in Polk County the-watershed-basins
+ying-narth-of-the-Aneeate-River-basin-and-west-of-the-Ekiawaha-River
basin7-exeeading-the-Withieeeeehee-River.

f. One member shall reside in Pasco County the-watershed-basins
kying-seuteh-of-the-northern-3imBte9f-he--Aneete--Rtver--basin--and
west--of--the--Hii~sbeeragh--Riaver--basin7--tecldng-als-e-Pineas
6~unty.

g. One Three members shall be appointed at large from Levy,
Marion, Citrus, Sumter, Hernando, and Lake Counties.

h. One member shall be appointed at large from Manatee, Hardee,
DeSoto, Charlotte, and Highlands Counties.

i. One member shall be appointed at large from Levy, Marion,
Citrus, Sumter, Hernando, Lake, Manatee, Hardee, DeSoto, Charlotte
and Highlands Counties.


No county described in g., h., or i. shall have more than one two
members on the governing board7-and-Pineltas-eeanty-and--Hilsbee-ough
eeanty-shae1-eaeh-have-two-members.


1340









//.'o


















Section 2. Notwithstanding the conditions of their original
appointments, the terms of all members of the governing board of the
Southwest Florida Water Management District shall expire on June 30,
1990. The Governor, in accordance with s. 373.073, Florida Statutes,
as amended, shall, by July 1, 1990, appoint eleven members to the
governing board of the Southwest Florida Water Management District.
Three of said eleven new members shall have 4-year terms; three shall
have 3-year terms; three shall have 2-year terms; and two shall have
1-year terms. The members at their first official meeting shall draw
lots to determine which of said members will have the various length
terms. Thereafter, the terms of the board members shall be 4 years
and shall be staggered. This section shall take effect on January 1,
1990.

Section 3. Section 373.103, Florida Statutes, is amended to read:

373.103 Powers which may be vested in the governing board at the
department's discretion.--In addition to the other powers and duties
allowed it by law, the governing board of a water management district
may be specifically authorized by the department to:

(1) Administer and enforce all provisions of this chapter,
including the permit systems established in parts II, III, and IV of
this chapter.

(2) Cooperate with the United States in the manner provided by
Congress for flood control, reclamation, conservation, and allied
purposes in protecting the inhabitants, the land, and other property
within the district from the effects of a surplus or a deficiency of
water when the same may be beneficial to the public health, welfare,
safety, and utility.

(3) Plan, construct, operate, and maintain works of the district
as defined in this chapter.

(4) Determine, establish, and control the level of waters to be
maintained in all canals, lakes, rivers, channels, reservoirs,
streams, or other bodies of water controlled by the district; to
maintain such waters at the levels so determined and established by
means of dams, locks, floodgates, dikes, and other structures; and to
regulate the discharge into, or withdrawal from, the canals, lakes,
rivers, channels, reservoirs, streams, or other bodies of water
controlled by the district or which are a work of the district,
including review of small watershed projects (Pub. L. No. 83-566).

(5) Expend, at the discretion of the governing board, for
purposes of promotion, advertisement, and improvement of the program
and objectives of the district, a yearly sum not to exceed 0.25
percent of the moneys collected by taxation within the district.

(6) Exercise such additional power and authority compatible with
this chapter and other statutes and federal laws affecting the
district as may be necessary to perform such duties and acts and to
decide such matters and dispose of the same as are not specifically
defined in or covered by statute.

(7) Prepare, in cooperation with the department, that part of the
state water use plan applicable to the district.

(8) Delegate to a local government, by rule or agreement, the
power and duty to administer any of the statutes, rules, or
1341


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242















CHAPER 8-24 LAS OFFLOIDACHAPTER 88-242


regulations relating to stormwater permitting or surface water
management which the district is authorized or required to
administer, including those delegated by a state agency to the
district, if the governing board determines that such a delegation is
necessary or desirable. Such a delegation shall be made only if the
governing board determines that the local government's program for
administering the delegated statute, rule, or regulation:

(a) Provides by ordinance, regulation, or local law for
requirements compatible with or stricter or more extensive than those
imposed by the statute or the rules and regulations adopted pursuant
thereto;

(b) Provides for the enforcement of such requirements by
appropriate administrative and judicial processes; and

(c) Provides for administrative organization, staff, and
financial and other resources necessary to effectively and
efficiently enforce such requirements.

The governing board shall give prior notice of its intention to enter
into an agreement described in this subsection. At a minimum, suc-
notice shall be published in the Florida Administrative Weekly at
least 21 days in advance of the governing board's action. At leasz
once every six months, the district shall update its rules to include
a list of the agreements adopted pursuant to this subsection to whicn
the district is a party. The list shall identify the parties to, and
the date and location of each agreement, and shall specify the nature
of the authority delegated by the agreement.

Section 4. The South Florida Water Management District is
authorized to acquire by the exercise of the power of eminent domai',
unencumbered fee simple title to the following lands:

(1) The lands within Water Conservation Area 1 in Palm Beach
County, Florida, bounded as follows: on the East by the Easterly
right-of-way line of Levee 40 as shown on Drawing No. L-40-1; on the
South by the Southerly right-of-way line of Levee 39 as shown on
Drawing No. L-39-1; on the West by the Westerly right-of-way line of
Levee 7 as shown on Drawing No. L-7-1; on the North by the Southerly
right-of-way line of Levee 7 Extension as shown on Drawing No. L-7
Ext-l.

(2) The lands within Water Conservation Area 2 in Palm Beach and
Broward Counties, bounded as follows: on the East by the Easterly
right-of-way line of Levees 35A and 36 as shown on Drawing No. L-35A-
2 and L-36-2; on the South by the Southerly right-of-way line of
Levee 35 as shown on Drawing No. L-35-3; on the Southwest by the
Northeasterly right-of-way line of U.S. 27; on the Northwest by the
Northwesterly right-of-way line of Levee 6 as shown on Drawing No. L-
6-1; on the Northeast by the Southwesterly right-of-way line of Levee
39 as shown on Drawing No. L-39-1.

(3) The lands within Water Conservation Area 3 in Broward and
Dade Counties, bounded as follows: on the East by the Easterly
right-of-way line of Levees 30, 33 and 37 as shown on Drawing No. L-
30-1 and L-33-1 and by the Westerly right-of-way line of U.S. 27; on
the South by the Southerly right-of-way line of Levee 29 as shown on
Drawing No. L-29-1, 2 and 3; on the West by the Westerly right-of-way
line of Levee 28 as shown on Drawing No. L-28-1; on the North by the
1342









/<. '0


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242

















CHAPTER 88-242 LAWS OF FLORIDA CHAPTER 88-242

Northerly right-of-way line of Levees 4-and 5 as shown on Drawing No.
L-4-12 and L-5-1.


The drawings referred to in the above descriptions are filed in the
offices of the South Florida Water Management District.

Section 5. The Legislature hereby makes a finding of public
necessity for the acquisition of the lands in Water Conservation
Areas 1, 2, and 3.

Section 6. Effective January 1, 1989, subsection (3) of section
373.0693, Florida Statutes, is amended to read:

373.0693 Basins; basin boards.--

(3) Each member of the various basin boards shall serve for a
period of 3 years or until a his successor is appointed, except that
the board membership of each new basin shall be divided into three
groups as equally as possible, with members in such groups to be
appointed for 1, 2, and 3 years, respectively. Each basin board
shall choose a vice chairman and a secretary to serve for a period of
1 year. The term of office of a basin board member shall be
construed to commence on March 2 July-i preceding the date of his
appointment and to terminate March 1 ane-39 of the year of the end
of a his term.

Section 7. Effective January 1, 1989, paragraph (a) of subsection
(1) of section 373.073, Florida Statutes, is amended to read:

373.073 Governing board.--

(1)(a) The governing board of each water management district
shall be composed of nine members who shall reside within the
district. The term of office of members of the board shall be 4
years and shall be construed to commence on March 2 preceding the
date of appointment and to terminate March 1 of the year of the end
of a term. Members of the governing boards continued under this
chapter shall be appointed from the district at large as vacancies
occur on the governing boards. Such vacancies shall be filled
according to the residency requirements of paragraph (b).

Section 8. Effective January 1, 1989, the terms of office of
members of basin boards and governing boards of water management
districts holding office on January 1, 1989, shall expire on March 1
of the year of the end of the term, notwithstanding the conditions of
original appointment.

Section 9. Section 373.302, Florida Statutes, is created to read:

373.302 Legislative findings.--The Legislature recognizes that
the practice of constructing, repairing, and abandoning water wells,
if conducted by incompetent contractors, is potentially threatening
to the health of the public and to the environment. The Legislature
finds that a threat to the public and the environment exists if water
resources become contaminated as a result of wells drilled by
incompetent or dishonest contractors, and that to prevent
contamination it is necessary to regulate the construction, repair,
and abandonment of wells, and the persons and businesses responsible
therefore.


1343













CHAPER 8-24 LAS OFFLOIDACHAPTER 88-242


Section 10. Subsection (6) of section 373.303, Florida Statutes,
is amended to read:

373.303 Definitions.--As used in this part, the term:

(6) "Water well contractor" means a person who is responsible for
the construction, repair, or abandonment of a water well and who is
licensed under this part to engage any-persenT-firmT-eer-erperaeton
engaged in the business of construction, repair, or abandonment of
constructing water wells.

Section 11. Subsection (2) of section 373.308, Florida Statutes,
is amended to read:

373.308 Implementation of programs for regulating water wells.--

(2) The department shall authorize the governing board of a water
management district to exercise any power authorized to be exercised
by the department under ss. 373.309, 373.313, 373.316, 373.319,
373.323, 3?3T9267 373.329, and 373.333 and shall encourage the
district to fully exercise such powers as soon as practicable.

Section 12. Section 373.323, Florida Statutes, is amended to
read:

373.323 Licensure of water well contractors; application,
qualifications, and examinations; eentaetee--ieensest--dri~er--ad
driving equipment identification registration.--

(1) WATER-WEbb-eeNTRAeTOR-bfiENSEST--

tat Every person who wishes to engage in business as a water well
contractor shall obtain from the water management district a license
to conduct such business.

(2) Each person desiring to be licensed as a water well
contractor shall apply to take the licensure examination.
Application shall be made to the water management district in which
the applicant resides or in which his principal place of business is
located. A resident of another state shall apply to the water
management district in which most of the business of the applicant
will take place. Application shall be made on forms provided by the
water management district.

(3) An applicant who meets the following requirements shall be
entitled to take the licensure examination to practice water well
contracting:

(a) Is at least 18 years of age.

(b) Has at least 2 years' experience in constructing, repairing,
or abandoning wells.

(c) Has completed the application form and remitted a
nonrefundable application fee.

(4)jb--The-department-may-adept-and-frea-time-to-time-amend-rties
and-reguatiens-geverning--appieaetons--fcr--water--wei--contiaeter
4ieenses---The--water--management--digterie-sha -i*eense-as-a-wate
we+i-eentraecte-any-person-property-making-applieation--thereefr--whe
as--an--adult--for--al--Iegat--perpesegs--has-knowledge-ef-r les-and

1344


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242

















CHPE 822LAWS OF FLORIDA CHAPTER 88-242


reglatieons-adopted-under-thts-part7-and-has--had--net--ess--fhan--2
yeaers-experece-.n-the-t-wertk-r-whieh-he-is-app*ying-tr-a-e-eenser
The department shall prepare an examination which shall test an
applicant's knowledge of rules and regulations adopted under this
part; ability to construct, repair, and abandon a well; and ability
to supervise, direct, manage, and control the contracting activities
of a water well contracting business eaeh-sdeh-applieant-mast-pass-tn
ordet- t-qualify-fer-sach-kieense. The department shall provide each
water management district, and representatives of the water well
contracting industry, with meaningful opportunity to participate in
the development of the examination.

(5) The water management district shall issue a water well
contracting license to any applicant who receives a passing grade on
the examination, has paid the initial application fee, and has
complied with the requirements of this section. A passing grade on
the examination shall be as established by the department by rule. A
license issued by any water management district shall be valid in
every water management district in the state.

(6)tet An employee of a political subdivision or of a
governmental entit engaged in water well drilling shall be licensed
pursuant to under this part but shall be exempt from paying the
iZeense fees required pursuant to this part efa-the-drti ming-dene-by
regular-empieyees9-of-and-with-equtpment-owned-by7-t.

7) When a water management district has probable cause to
believe that any person not licensed as a water well contractor has
violated any provision of this part or any statute that relates to
the construction, repair, or abandonment of water wells, or any rule
adopted pursuant thereto, the water management district may issue and
deliver to such person a notice to cease and desist from such
violation. In addition, the water management district may issue and
deliver a notice to cease and desist to any person who aids and abets
the unlicensed construction, repair, or abandonment of a water well
by employing an unlicensed person. For the purpose of enforcing a
cease and desist order, a water management district may file a
proceeding in the name of the state seeking issuance of an injunction
or a writ of mandamus against any person who violates any provision
of such order.

(8) The department shall adopt rules which specifically provide
for uniformity among all water management districts for the
application process and qualifications for licensure, providing each
water management district, and representatives of the water well
contracting industry, with meaningful opportunity to participate in
the development of the rules as they are drafted. The rules shall be
adopted by each water management district.

tdt--bieenses-issued-pirs9aanteo-o-his-secton-are-net-transferabte
and-shafi-expire-on-dJly-i-ef-each-year--A-tieense--may--be--renewed
without--examinatien--er--an--ensuing-year-by-making-applieat*en-not
+ater--than--38--days--aftere-the--expratien--date--and--paying--the
appicabbe--feer--Seeh-appieation-shanl-have-the-effeet-eo-exteendng
the-validity-ef-the-earrent-ticense-unti -a-new-lieense--&*-received
er-the-appiceant-is-netified-by-the-department-thae-t-has-reEnsed-te
renew-his-licenseB--After-dely-3t-of-each-yearT--a--lteense--wvi--be
renewed--enly-upen-applicatien-and-payment-of-the-applieeabe-fee-phes
a-penalty-eof-$56


1345








^./f


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242















CH4APTER88 -242 LAWS OF tFLORIDA CHAPTER 88-242


fet)--Wheneer---the--department---or--water--management--distriet
determines-that-the-heider-oa-any-liense--issued--puesuant--to--this
section--has--vietated--any--prevrseon--of--ths--part-or-any-ree-or
eegulation--adepted--prasuant--theeetee--the--department---or---water
management--distriet--is--athoreed-- -pd--te-- pend--or-revoke-any-suh
ieenseT--Any-erder-issued-persuant-to-this-sebsection--shail--beeeme
effectivee--3-days-a-after--servce-thereef-eniess-a-written-petetion
requesting-eaing-nder-the-precedre-provded--i--chapter--e--is
filed-asaneer

tf)--No--applieatien-for-a-lieemse-isseed-pursuant-to-this-section
may-be-made-w thin-i-year-aEter-revaeation-theree

tgt--No--later-than-eeteber-+7-19847-the-department-sha i-deegafte
to-the-water-management-distriets-the-powers-and-duties--relating--to
preeessing--and--issu ng--water---wei-eentraeeer-leenses--A-lteense
isseed-by-any-water-management-distriet-shaei-be--valid--anywhere--in
the-stateT

f2t--BRiEbbR-ANB-BRibbiNG-EeUIPMENT-REGiSTRATieNT--

fat--Every--persen-whe-operates-dri-ling-equipment-feer-he-purpese
ef-eensteceting-weis--shaet--register--with--each--water--management
distticet--in--hieh-eenstraeti en-aecti vity-takes-paee--The-governing
board-shea~t-as-minimum-eenditins-e-sreh-reg seraten7-reqebree

--A-wrvtten-reemmendatian-rram-a-ieensed-water-wel-eentreeter
verifying-the-setats-ay-the-driller-as-an-ewmplyee-of-che-eBetraeeer7

27--Bemanstratie n-ef-s9ffieient-expeerence-and-pracfeter-kneaiedge
needed-te-eperate-dri~nlng-equipmen-B-fhe-type-to-be-tsed-in-actcea
wetf-eenstrueetien

3T--A--wrntten-examinatine-eensidered-appropreaee-by-the-board-and
designed-to-verifEy--the--drieler s--knewiedge--of--eemenky-accepted
drtiling--praetiee9--and--appticable--rute9--ae--fhe-dstfrete-and-che
departmentT

fbt--ft---is--the--respensibility--ef--each--eeensed--water--weii
eentraeter-te-annaaly-netif y-the-governng-board-es-the-dt9ret--tn
whnieh--he--resiJdes--or--in--whkieh--h-is-prncipai-paee-9f-bBsness-s
eeated-ef-alt-registered-dric ers-in-his-emplayT--n-additienr--each
ieensed--eenteraer--shaii--netify-he-beard-in-a-timeiy-manner-i-a
registered-driffer-eeases-te-be-an-empieyeeT

(9)tet Each iteensed--water--wei-eontraeeee-shae-register-with
the-governing-baard-eaeh piece of drilling equipment owned, leased,
or operated by a water well contractor shall have he-ownsT-leasesi-ee
operatesv---pon--registratien--eo--the--equipmentT the water well
contractor's license number shaki-be prominently displayed thereon.

Section 13. Section 373.324, Florida Statutes, is created to
read:

373.324 License renewal.--

(1) A water well contractor shall submit an application for
renewal of a license to the water management district which issued
the license.



1346









/4//


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242

















(2) The water management district shall renew a license upon
receipt of the renewal application and renewal fee.

(3) The department shall adopt rules establishing a procedure for
the biennial renewal of licenses, which shall be adopted by each
water management district.

(4) A license which is not renewed at the end of the biennium
prescribed by the department shall automatically revert to inactive
status. Such license may be reactivated only if the licensee meets
the qualifications for reactivation in s. 373.325.

(5) At least 60 days prior to the automatic reversion of a
license to inactive status, the water management district shall mail
a notice of such reversion to the last known address of the licensee.

Section 14. Section 373.325, Florida Statutes, is created to
read:

373.325 Inactive status.--A license which has become inactive
pursuant to s. 373.324 may be renewed or reactivated upon application
to the water management district, as follows:

(1) A license which has been inactive for 1 year or less after
the end of the biennium prescribed by the department may be renewed
pursuant to s. 373.324 upon application to the water management
district and upon payment of the renewal and penalty fees as provided
in s. 373.329. Such renewed license shall expire 2 years after the
date the license automatically reverted to inactive status.

(2) A license which has been inactive for more than 1 year may be
reactivated upon application to the water management district for
licensure pursuant to the requirements of s. 373.323.

Section 15. Section 373.326, Florida Statutes, is amended to
read:

373.326 Exemptions.--

(1) When the water management district department finds that
compliance with all requirements of this part would result in undue
hardship, an exemption from any one or more such requirements may be
granted by the water management district department to the extent
necessary to ameliorate such undue hardship and to the extent such
exemption can be granted without impairing the intent and purpose of
tnis part.

(2) Nothing in this part shall prevent a person who has not
obtained a license pursuant to s. 373.323 from constructing a well
that is 2 inches or under in diameter, on his own or leased property,
intended for use only in a single family house which is his
residence, or intended for use only for farming purposes on his farm,
and when the waters to be produced are not intended for use by the
public or any residence other than his owns, provided that such
person persons shall complies comply with all local and state rules
and regulations relating as to the construction of water wells
adopted-ander-this-pare.

Section 16. Section 373.329, Florida Statutes, is amended to
read:

1347


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242















CHPE 822LAWS OF FLORIDA CHAPTER 88-242


373.329 Fees for licensure.--The department, by rule, shall
establish fees to be paid for application for licensure, application
for license renewal, and the penalty fee for renewal of a license
which has been inactive for 1 year or less. The fees shall be based
on the actual costs incurred by the water management districts in
carrying out the responsibilities related to licensure of water well
contractors as derived from estimates provided by the water
management districts of the revenue required to implement this part,
but shall not exceed the following amounts:

(1) Application for initial licensure, $150.

(2) Biennial license renewal, $50.

(3) Penalty for renewal of a license which has been inactive for
1 year or less, $75.

All fees and other moneys collected by a water management district
pursuant to this part shall be deposited in the general operating
fund of the water management district. The--foeewing--fees-are
equired?

t~i--A--fee--eS--$es9--shea--aeeempany-eaeh-new-appleaten-for-a
+ieense-reqtired-under-st-33T3-3T7

(2e--A--fee--ef-$25-shai-aeeompay-eaeh-appieaftai-for-a-renewea
of-license-under-as-33T323rT

Section 17. Section 373.333, Florida Statutes, is amended to
read:

373.333 Disciplinary guidelines; adoption and enforcement;
license suspension or revocation.--

(1) The department shall adopt, by rule, disciplinary guidelines
applicable to each specific ground for disciplinary action which may
be imposed by the water management districts, providing each water
management district, and representatives of the water well
contracting industry, with meaningful opportunity to participate in
the development of the disciplinary guideline rules as they are
drafted. The disciplinary guidelines shall be adopted by each water
management district. The guideline rules shall be consistently
applied by the water management districts and shall:

(a) Specify a meaningful range of designated penalties based upon
the severity and repetition of specific offenses.
(b) Distinguish minor violations from those which endanger public
health, safety, and welfare or contaminate the water resources.

(c) Inform the public of likely penalties which may be imposed
for proscribed conduct.

A specific finding of mitigating or aggravating circumstances shall
allow a water management district to impose a penalty other than that
provided in the guidelines. Disciplinary action may be taken by an
water management district, regardless of where the contractor's
license was issued.

1348


/41/3


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242



















(2)ft) Whenever the water management district has reasonable
grounds for believing that there has been a violation of this part or
any rule or regulation adopted pursuant hereto, it shall give written
notice to the person alleged to be in violation. Such notice shall
identify the provision of this part or regulation issued hereunder
alleged to be violated and the facts alleged to constitute such
violation.

(3)tft Such notice shall be served in the manner required by law
for the service of process upon a person in a civil action or by
registered United States mail to the last known address of the
person. The water management district shall send copies of such
notice only to persons who have specifically requested such notice or
to entities with which the water management district has formally
agreed to provide such notice. Notice alleging a violation of a rule
setting minimum standards for the location, construction, repair, or
abandonment of wells shall be accompanied by an order of the water
management district requiring remedial action which, if taken within
the time specified in such order, will effect compliance with the
requirements of this part and regulations issued hereunder. Such
order shall become final unless a request for hearing as provided in
chapter 120 is made within 30 days from the date of service of such
order. Upon compliance, notice shall be served by the water
management district in a timely manner upon each person and entity
who received notice of a violation, stating that compliance with the
order has been achieved.

(4) The following acts constitute grounds for which disciplinary
actions specified in subsection (5) may be taken by a water
management district:

(a) Attempting to obtain, obtaining, or renewing a license under
this part by bribery or fraudulent misrepresentation.

(b) Being convicted or found guilty, regardless of adjudication,
of fraud or deceit or of gross negligence, incompetency, or
misconduct in the performance of work, or of a crime in any
jurisdiction which directly relates to the practice of water well
contracting or the ability to practice water well contracting. A
plea of nolo contender shall create a presumption of quilt to the
underlying criminal charges, and the water management district shall
allow the person being disciplined to present any evidence relevant
to the underlying charges and the circumstances surrounding his plea.

(c) Allowing any other person to use the license.

(d) Violating or refusing to comply with any provision of this
part or a rule adopted by the department or water management
district, or any order of the water management district previously
entered in a disciplinary hearing.

(e) Constructing, repairing, or abandoning a water well without
first obtaining all applicable permits.

(f) Having had administrative or disciplinary action relating to
water well construction, repair, or abandonment taken by any
municipality or county or by any state agency, which action shall be
reviewed by the water management district before the water management
district takes any disciplinary action of its own.

(g) Practicing with a revoked, suspended, or inactive license.
1349







4-.


r I


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242















CHAPTER 88-242 LAWS OF FLORIDA CHAPTER 88-242

(5) When the water management district finds a person guilty of
any of the grounds set forth in subsection (4), it may enter an order
imposing one or more of the following disciplinary actions:

(a) Denial of an application for licensure or for renewal of a
license.

(b) Revocation or suspension of a license.

(c) Imposition of an administrative fine not to exceed $1,000 for
each count or separate offense.

(d) Placement of the water well contractor on probation for a
period of time subject to such conditions as the water management
district may specify.

(e) Restriction of the licensee's authorized scope of practice.

(6) When disciplinary action is taken against a contractor which
results in suspension or revocation of the contractor's license, a
water management district shall notify each water management district
of such action.

(7) The water management district shall reissue the license of a
contractor whose license has been suspended or revoked upon
determination by the water management district that the disciplined
person has complied with all of the terms and conditions set forth in
the final order.

Section 18. Section 373.335, Florida Statutes, is created to
read:

373.335 Clearinghouse.--The department, in conjunction with the
water management districts, shall establish a statewide clearinghouse
which will allow each water management district to access information
regarding water well contractor licensees and their license numbers,
any violation by any such licensee, and any disciplinary action taken
by a water management district.

Section 19. Section 373.336, Florida Statutes, is amended to
read:

373.336 Unlawful acts; penalties.--

(1) It is unlawful for any person to:

(a) Practice water well contracting without an active license
issued pursuant to this part.

(bl Construct, repair, or abandon a water well, or operate
drilling equipment for such purpose, unless employed by or under the
supervision of a licensed water well contractor or exempt under s.
373.326.

(c) Give false or forged evidence to obtain a license.

(d) Present as his own the license of another.

(e) Use or attempt to use a license to practice water well
contracting which license has been suspended, revoked, or placed on
inactive status.
1350


/41/-'





CHAPTER 88-242


(f) Engage in willful or repeated violation of this part or of
any department rule or regulation or water management district or
state agency rule or regulation relating to water wells which
endanger the public health, safety, and welfare.

(2) It is unlawful for a business entity to engage in water well
contracting or to perform any activity for which a license as a water
well contractor is required unless a licensed water well contractor
is responsible for supervising such activity of the business entity.

(3) Any person who violates any provision of this part or
regulation or order issued hereunder shall, upon conviction, be
guilty of a misdemeanor of the second degree, punishable as provided
in s. ass 775.082, s. and 775.083, or s. 775.084. Continuing
violation after an order or conviction noetee--thereof shall
constitute a separate violation for each day so continued.

Section 20. Section 373.337, Florida Statutes, is created to
read:

373.337 Rules.--The department shall, by July 1, 1989, adopt
rules to implement the provisions of this part, providing each water
management district, and representatives of the water well
contracting industry, with meaningful opportunity to participate in
the development of the rules as they are drafted. The rules shall be
adopted by each water management district.

Section 21. Subsection (1) of section 373.342, Florida Statutes,
is amended to read:

373.342 Permits.--

(1) The governing board of any water management regulatory
district which, pursuant to the authority oe-s-393T39--er--parsuant
to-authority delegated to it by the department under s. 373.308 or s.
373.309(2), regulates water wells may in its discretion authorize its
executive director to issue permits for the construction, repair, or
modification of any water well.

Section 22. Section 373.339, Florida Statutes, is hereby
repealed.

Section 23. Notwithstanding the provisions of the Regulatory
Sunset Act or of any other provision of law which provides for review
and repeal in accordance with s. 11.61, Florida Statutes, and except
as otherwise specifically provided herein, sections 373.323, 373.326,
373.329, 373.333, 373.336, and 373.342, Florida Statutes, shall not
stand repealed on October 1, 1988, and shall continue in full force
and effect as amended herein.

Section 24. Sections 373.303, 373.323, 373.324, 373.325, 373.326,
373.329, 373.333, 373.335, 373.336, and 373.337, Florida Statutes,
are repealed on October 1, 1998, and shall be reviewed by the
Legislature pursuant to s. 11.61, Florida Statutes.

Section 25. Notwithstanding the provisions of chapter 82-46, Laws
of Florida, sections 373.0693, 373.0695, 373.073, 373.076, 373.079,
373.083, 373.084, 373.085, 373.086, 373.087, 373.089, 373.093,
373.096, 373.099, and 373.103, Florida Statutes, shall not stand
repealed on October 1, 1988, as scheduled by said act, but said
sections are hereby revived, readopted, and to the extent herein set


LAWS OF FLORIDA


CHAPTER 88-242

















forth, amended. Sections 373.0693, 373.0695, 373.073, 373.076,
373.079, 373.083, 373.084, 373.085, 373.086, 373.087, 373.089,
373.093, 373.096, 373.099, and 373.103, Florida Statutes, are
repealed, effective October 1, 1989 and shall be reviewed by the
Legislature pursuant to s. 11.611.

Section 26. Subsection (8) of section 373.0693, Florida Statutes,
is amended to read:

373.0693 Basins; basin boards.--

(8)(a) At 11:59 p.m. on June 30, 1988 Beeember-3T7-i976, the area
being transferred from the Southwest Florida Water Management
District to the St. Johns River Water Management District by change
of boundaries pursuant to chapter 76-243, Laws of Florida, shall
cease to be formed-into a subdistrict or basin of the St. Johns River
Water Management District knownr--Steh-basin-shae -be--designated as
the Oklawaha River Basin7 and said Oklawaha River Basin shall cease
to exist. However, any recognition of an Oklawaha River Basin or an
Oklawaha River hydrologic basin for regulatory purposes shall be
unaffected. The area formerly known as the Oklawaha River Basin
shall continue to be part of the St. Johns River Water Management
District. There shall be established by the governing board of the
St. Johns River Water Management District the Oklawaha River Basin
Advisory Council to receive public input and advise the St. Johns
River Water Management District's Governing Board on water management
issues affecting the Oklawaha River Basin. The Oklawaha River Basin
Advisory Council shall be appointed by action of the St. Johns River
Water Management District's governing board and include one
representative from each county which is wholly or partly included in
the Oklawaha River Basin. The St. Johns River Water Management
District's governing board member currently serving pursuant to
section 373.073(1)(b)3.c., Florida Statutes, shall serve as chairman
of the Oklawaha River Basin Advisory Council. Members of the
Oklawaha River Basin Advisory Council shall receive no compensation
for their services but are entitled to be reimbursed for per diem and
travel expenses as provided in s. 112.061, Florida Statutes. The
members--oE--the--govetning--beard-ef-the-ekiawaha-River-Basin-of-the
Seothwest-Plerida-Water-Management-Bistrief-shail-beeeme-the--members
ef--the--governing--beard--e--the-newly-farmed-basin--The-governtng
beard-of-the-StT-Johns-River-Water-Management-Bistriet-may-ehange-the
beaundartesy-bat-may-net-abeish-the-bas in

(b)Ir Also, the entire area of the St. Johns River Water
Management District, less those areas formerly in the Oklawaha Basin,
shall cease to be formed-into a subdistrict or basin of the St. Johns
River Water Management District knowni--Saeh-aeea-shafl-be-designated
as the Greater St. Johns River Basin- and said Greater St. Johns
River Basin shall cease to exist. The area formerly known as the
Greater St. Johns River Basin shall continue to be part of the St.
Johns River Water Management District. The-6reater-STf--dehns--River
Basin---shal---have---ea ---the--paower9s---dutiesT--fnectiOns9--and
repensibisiti es-previaded-ad-auktheeeed-er-9sebdtseres--ar--basins
ef-water-management-distri t s

2T--The--gverning--board--cf-the-ScTaohns-River-Water-Management
Bistriet-skhal-a9se-serve-as-the-governing-beard-ef-the--Greater--S9c
Oehns-River-BasinT

(c) As of 11:59 p.m. on June 30, 1988, assets and liabilities of
the former Oklawaha River and Greater St. Johns River Basins shall be
1352


We //I


CHAPTER 88-242


LAWS OF FLORIDA


CHAPTER 88-242





CHAPTER 88-242


assets and liabilities of the St. Johns River Water Management
District. Any contracts, plans, orders, or agreements of such basins
shall continue to be in effect, but may be modified or repealed by
the St. Johns River Water Management District in accordance with law.
For all purposes for assessing and levying the millage rate
authorized under section 373.503, subsequent to December 31, 1987,
including the purposes of certifying the millage rate for fiscal year
1988-89, pursuant to chapter 200, said millage rate shall be levied
retroactive to January 1, 1988.

Section 27. Except as provided herein, this act shall take effect
July 1, 1988, or upon becoming a law, whichever occurs later.

Approved by the Governor July 5, 1988.

Filed in Office Secretary of State July 5, 1988.


CHAPTER 88-243

Committee Substitute for Senate Bill No. 854

An act relating to taxation; amending ss. 206.425, 206.97,
F.S.; providing for relief from motor fuel taxes and
other fuel taxes in certain circumstances; amending s.
212.06, F.S.; providing for calculation of the use tax on
asphalt manufactured for a person's own use; providing
for an additional indexed tax on such asphalt; amending
s. 212.08, F.S.; exempting certain foods or drinks sold
by nonprofit or charitable organizations; including
certain nonprofit corporations broadcasting television
programs of a religious nature in the definition of
"religious institutions" for purposes of exemption from
said tax; amending s. 125.0104, F.S.; authorizing certain
counties to levy an additional 2-percent tourist
development tax on transactions involving living quarters
or accommodations; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

Section 1. Paragraph (c) is added to subsection (1) of section
212.06, Florida Statutes, to read:

212.06 Sales, storage, use tax; collectible from dealers;
"dealer" defined; dealers to collect from purchasers; legislative
intent as to scope of tax.--

(1)
(c) Notwithstanding the provisions of paragraph (b), the use tax
on asphalt manufactured for one's own use shall be calculated with
respect to paragraph (b) only upon the cost of materials which become
a component part or which are an ingredient of the finished asphalt
and of the transportation of such components and ingredients. In
addition, an indexed tax of 38 cents per ton of such manufactured
asphalt shall be due at the same time and in the same manner as taxes
due pursuant to paragraph (b). Beginning July 1, 1989, the indexed
tax shall be adjusted each July 1 to an amount, rounded to the
nearest cent, equal to the product of 38 cents multiplied by a
fraction, the numerator of which is the annual average of the
1353


LAWS OF FLORIDA


CHAPTER 88-242




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs