Title: Chapter 16C-7 Rules and Regulations Governing Water Well Contractors in Florida
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 Material Information
Title: Chapter 16C-7 Rules and Regulations Governing Water Well Contractors in Florida
Physical Description: Book
Language: English
Publisher: State of FL Dept. of Natural Resources
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Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Chapter 16C-7 Rules and Regulations Governing Water Well Contractors in Florida
General Note: Box 11, Folder 1 ( Buddy Blain's Copy of Rules and Regulations (Vol II) - 1974 ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
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Bibliographic ID: WL00002760
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.

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ESTATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES

Division of Interior Resources

CHAPTER 16C-7

Rules and Regulations Governing
Water Well Contractors in Florida





Introduction The purpose of these rules and regulations

is to implement Chapter 373.323, 373.326 and 373.329, Florida

Statutes that require in part that every person who wishes to

engage in business as a water well contractor shall obtain from

the Department of Natural Resources a license to conduct such a

business. The license required is to be issued by the Department

of Natural Resources to a water well contractor, and shall be

recognized as valid credentials for conducting business as a

water well contractor in any and all geographical areas of

Florida including the securing of any necessary permits for such

business. Rule 16C-7.09 prescribes who must notify the Depart-

ment or appropriate District of the construction, repair or abandon-

ment of any water well, and to indicate the penalties for failure

to so notify the Department or appropriate District. Subsection

2 of Chapter 373.323, Florida Statutes states in part that the

Department of Natural Resources may adopt and from time to time

amend rules and regulations governing applications for water

well contractor's licenses.

16C-7.01 Definitions as used in this part 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) "Department" means the Department of Natural

Resources or its successor agency or agencies.





(b) "Division" means the Division of Interior

Resources or its successor agency or agencies.

(c) "Water Well Contractor" means any person, firm

or corporation engaged in the business of con-

struction of water wells.

(d) "Construction of water wells" means all parts

and acts necessary to obtain groundwater by

wells, including the location and excavation

of the well, but excluding the installation of

pumps amd pumping equipment.

(e) "Person" means any and all persons, natural or

artificial including any individual, firm,

association, organization, partnership, business

trust, corporation, company, the United States

of America, and the State and all political sub-

divisions, regions, districts, municipalities,

and public agencies thereof. The enumeration

herein is not intended to be exclusive or

exhaustive.

General Authority Law Implemented

373, F.S. 373.323, F.S.
373.326, F.S.
373.329, F.S.
373.043, F.S.


16C-7.02 Licensing of Water Well Contractors

(1) Application Requirements -

Beginning July 1, 1973, the Department shall accept applications

for licensing as a water well contractor from any person who

is an adult for all legal purposes, has knowledge of those rules

and regulations adopted by the Department of Natural Resources

which deal with the regulation of water wells, has had not less

than two (2) years experience in the work for which he is apply-

ing for a license, and whose application meets all the following




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conditions:

(a) Each application shall be complete and shall be

on forms provided by the Department, and shall

be accompanied by the required fees.

(b) Each application shall contain proof of experience

as listed by 16C-7.02 (3).

(c) Each application shall include a request for the

comprehensive examination described by 16C-7.03,

except where the examination is not required as

provided by 16C-7.02 (2).

(d) The application process is not complete until the

applicant passes the examination, except as

exempted by 16C-7.02 (2).

(2) Exemption from Examination Requirement -

Examinations will not be required for those persons making proper

application before September 1, 1973, who otherwise fulfill the

requirements of these rules and regulations, and who show satis-

factory proof they were engaged in business as a water well con-

tractor for two years immediately prior to September 1, 1972.

(3) Proof of Experience -

Satisfactory proof of two years experience in the water well con-

struction business, either for the license without the necessity

of passing an examination or for the license with the examination

shall consist of any one of the methods (a, b, c, or d) described

below. If the proof is to be presented for the license without

the necessity of passing an examination, the two years experience

must be immediately prior to September 1, 1972.

(a) Copies of county and/or city occupational license

covering two years and indicating the occupation

as "well driller", "water well contractor", or

equivalent.








(b) Current registration and/or a valid certificate

of competency or certificate of registration as

a water well driller in Orange County or Volusia

County, Florida.

(c) A list of ten (10) wells, together with their

locations, major use, and approximate customer

cost, that the applicant has constructed or has

helped to construct within the last two years.

This list must show the name and address of the

owner or owners of each well, and the approximate

date the construction of each well was completed.

Completion dates of the ten wells must span the

two year time period. In addition, the applicant

must provide notarized letters from three persons

attesting to the length of time the applicant has

been in the water well construction business as a

major activity.

(d) In lieu of the methods described above, satisfac-

tory proof of equivalent value may be presented

to the Division and at the Division's option,

accepted on an individual basis.

(4) Recognition of Undue Hardship -

The Department recognizes that requiring an examination of the

water well contractors and/or water well drillers presently

registered, licensed, or certified by Seminole County, Manatee

County or Sarasota County, Florida, or the Southwest Florida

Water Management District (Regulatory), would cause undue hard-

ship. Therefore, in accordance with Chapter 373.326, Florida

Statutes, the Department hereby grants an exemption from the

examination for those water well drillers and/or water well con-







tractors registered, licensed, or certified by Seminole County,

Manatee County, or Sarasota County, Florida, or the Southwest

Florida Water Management District (Regulatory), who otherwise

fulfill all the requirements for a State of Florida water well

contractor's license and who apply for the license before

September 1, 1973.

General Authority Law Implemented

373, F.S. 373.323, F.S.
373.326, F.S.
373.329, F.S.
373.043, F.S.

16C-7.03 Examinations

(1) Content of Examinations -

Examinations shall be comprehensive and shall consist of any

combination of written, oral and/or practical work. Examinations

shall be prepared by the Department's Division of Interior Re-

sources, and shall be designed to determine the competence of

the applicant in well construction and his knowledge of appli-

cable rules and regulations.

(2) Reports on Examinations -

A grade on the examination of seventy percent or more shall be

passing. Results of the examination shall be reported as either

passing or failing.

(3) Applications for Persons Other than Natural Persons -

The natural person who makes application for a firm, association,

organization, partnership, business trust, corporation or company,

shall be an officer of that firm, association, organization, part-

nership, business trust, corporation or company. If the applica-

tion is made for any agency of the United States of America, or

the State or any political subdivisions, regions, districts, mun-

icipalities, or public agencies thereof, the natural person making

the application shall be an official thereof.


'111, I







(4) Dates of Examinations -

Examinations shall be given by the Division without cost, upon

application, once each month for 13 months beginning in Septem-

ber 1973, and shall thereafter be available in January, April,

July and October of each year beginning in January 1975. Ex-

amination dates shall be publically advertised and examinations

shall be given to all qualified applicants whose application is

received in the offices of the Department's Division of Interior

Resources not less than two days prior to the examination date.

(5) Location of Examinations -

Examinations may be conducted within the boundaries of each of

the five water management districts pursuant to Chapter 72-299,

Florida Statutes. The sites of the examinations shall be includ-

ed in the public advertisement. An examination shall be avail-

able at any time at the Tallahassee Office of the Division during

regular office hours after September 1973. This examination

shall be given by appointment only, and the request must be

accompanied by the payment of a $25.00 fee.

General Authority Law Implemented

373 F.S. 373.323, F.S.
373.326, F.S.
373.329, F.S.
373.043, F.S.

16C-7.04 Bond Requirement

(1) Bond Must Be Provided -

Each applicant, upon notification of this compliance with all

other requirements for a water well contractor's license, shall

furnish the Division of Interior Resources with a $10,000 bond

made payable to the Governor of Florida or his successor in

office. The bond shall be conditioned on the applicant faith-

fully and correctly complying with he requirements of all

rules and regulations recognized by the Department of Natural

Resources dealing with water wells in Florida. The bond shall


I I,







be written and issued by a surety company authorized to do busi-

ness in the State of Florida. Failure to obtain or maintain the

prescribed bond shall be cause for revocation of the license.

Notification in writing of any change, modification, revocation,

or cancellation of said bond by such surety company, must be

given to the State of Florida, Department of Natural Resources,

Division of Interior Resources, or their successor agencies, by

said surety company, in writing, at least 15 days prior to any

such change, modification, revocation or cancellation.

General Authority Law Implemented

373, F.S. 373.323, F.S.
373.326, F.S.
373.329, F.S.
373.043, F.S.

16C-7.05 Suspension or Revocation of License

(1) Failure to Abide by Rules and Regulations -

The Department recognized the authority of the following to per-

mit the construction, repair, or abandonment of water wells in

their areas of jurisdiction: Alachua, Manatee, Orange, Seminole,

Sarasota, and Volusia Counties, the Southwest Florida Water

Management District (Regulatory), and Central and Southern

Florida Flood Control District (or its successor in name).

Under the authority of Chapter 373.306, 373.026 (3), 373.309,

and 373.323 (8), Florida Statutes, the Department may upon the

recommendation of the proper authorities in Alachua, Manatee,

Orange, Sarasota, Seminole, and Volusia Counties, the Southwest

Florida Water Management District (Regulatory), and the Central

and Southern Florida Flood Control District (or its successor in

name), and through the process described by Chapter 373.333,

Florida Statutes, suspend or revoke the State of Florida water

well contractor's license of any water well contractor who fails

to abide by the rules and regulations of the above listed Counties

or the Districts, or with applicable rules and regulations of


J, i; I






the Department, which deal with water wells.

General Authority Law Implemented

373, F.S. 373.026, F.S.
373.309, F.S.
373.323, F.S.
373.326, F.S.
373.329, F.S.
373.306, F.S.
373.043, F.S.

16C-7.06 License Number and Rig Number

(1) License Number -

Each water well contractor shall be assigned a permanent license

number and shall be issued a certificate showing that license

number. License numbers are not transferable and shall not be

used by another contractor.

(2) Display of License Number -

The license number shall be continuously displayed in a con-

spicuous place on both sides of each drilling rig owned or leased

by the contractor. The number shall be easily readable by a

person with normal vision and shall be in a color which will

contract with its background. It shall be presented in numerals

not less than two inches high. No drilling rig shall be placed

in operation without the contractor's license number displayed

on it as described above.

(3) Display of Rig Number -

A rig number will be assigned to each well drilling rig by the

contractor on the application forms or renewal forms for a water

well contractor's license. This number also shall be displayed

on the rig to which it was assigned, immediately following and

in the same manner prescribed for the license number. No drilling

rig shall be placed in operation without a rig number displayed

on it as described above. All water well contractors will inform

the Division by letter within 15 days of the purchasing or leasing


I


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Page Nine


of any drilling rig which is not already described on the applica-

tion forms or renewal forms for his Florida water well contractor's

license. In the letter the contractor shall describe the drilling

rig and will give the rig number which has been assigned to the rig.

General Authority Law Implemented

373,FS 373.323, FS
373.326, FS
373.329, FS
373.043, FS

16C-7.07 Official Address List

(1) Official Address List -

An official list of licensed water well contractors and their ad-

dresses shall be maintained by the Division. It shall be the

responsibility of-the contractor to inform the Division of any

change in his official address for inclusion on the official list.

General Authority Law Implemented

373,FS 373.323, FS
373.326, FS
373.329, FS
373.043, FS


L.. ~....I. --a




; '. n-----~iwii-----a-

16C-7.08 Notification of Changes in Rules and Regulations

(1) Notification to Water Well Contractors -

The Department may from time to time amend its .rules and regula-

tions governing water well contractors. The Division will notify

each water well contractor on the official list of licensed water

well contractors of any changes in the rules and regulations

prior to the effective date of the changes. This notification

or lack thereof will in no way affect the effective date of the

changes in the rules and regulations.

General Authority Law Implemented

373,FS 373.323, FS
373.326, FS
373.329, FS
373.043, FS

16C-7.09 Notification and Penalties

(1) Notification Mandatory Where Permits Not Required -

The Department or appropriate District shall be notified by the

contractor, on forms provided by the Department of each water

well that the contractor constructs, repairs or abandons except


C
'OH11~I-l I- -LIl.- --~--- ---" ---`----~ ~ ~~







where a permit is required by a County or District whose author-

ity to permit the construction, repair or abandonment of any

water well has been recognized by the Department.

(2) Penalties -

Failure to notify the Department or appropriate District as pro-

vided by 16C-7.09 (1), within thirty days after the construction,

repair or abandonment of any water well shall be cause for sus-

pension or revocation of the water well contractor's license

as provided by 373.323 (8), Florida Statutes, or for a penalty

as provided by 373.336, Florida Statutes, or both.

General Authority Law Implemented

373, F.S. 373.306, F.S.
373.309, F.S.
373.313, F.S.
373.316, F.S.
373.319, F.S.
373.323, F.S.
373.326, F.S.
373.329, F.S.
373.333, F.S.
373.336, F.S.


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