To make Chapter 62-531 consistent with recent amendments to Chapter 373, F.S., to address comments from the Joint Administrative Procedures Committee, and to add rule changes to strengthen the licensing requirements for and disciplinary actions ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

RULE NO: RULE TITLE
62-531: WATER WELL CONTRACTOR LICENSING REQUIREMENTS
62-531.300: Application Requirements for Water Well Contractors
62-531.330: Water Well Contractor License Renewal
62-531.340: Water Well Contractor Fees
62-531.350: Water Well Contractor Examinations
62-531.450: Unlawful Acts, Grounds for Disciplinary Actions, and Penalties
PURPOSE AND EFFECT: To make Chapter 62-531, F.A.C., consistent with recent amendments to Chapter 373, F.S., to address comments from the Joint Administrative Procedures Committee, and to add rule changes to strengthen the licensing requirements for and disciplinary actions against water well contractors.

SUMMARY: The rules address licensing requirements, exemption for contractors on active duty with the U.S Armed Services, increasing administrative fines not to exceed $5000 and amending the Water Well Contractor Disciplinary Guidelines and Procedures Manual, allowing a licensed well water contractor to facilitate the performance of additional work by an appropriately licensed contractor, allowing administrative fees related to continuing education, adopting by reference the Manual for Coursework and Continuing Education for Water Well Contractors, modifying language for contractors who are employees of a governmental agency engaged in water well contracting, requiring a licensed water well contractor to provide the water management districts with a change of address, and clarifying that examinations are prepared by the Department with assistance by the water management districts and the water well contracting industry.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No Statement of Estimated Regulatory Cost was prepared.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

SPECIFIC AUTHORITY: 373.043, 373.309 FS.
LAW IMPLEMENTED: 373.306, 373.309, 373.316, 373.319, 373.323, 373.324, 373.329, 373.333, 373.335, 373.336 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: February 2, 2007, 10:00 a.m.

PLACE: Room 609, Twin Towers Office Building, DEP, 2600 Blair Stone Rd., Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: David James, DEP, MS 3580, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400; telephone [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: David James, DEP, MS 3580, 2600 Blair Stone Rd., Tallahassee, FL 32399-2400; telephone [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

62-531.300 Application Requirements for Water Well Contractors.

(1) No change.

(2) Approved coursework shall be governed by the requirements in the Manual for Coursework and Continuing Education for Water Well Contractors, Department of Environmental Protection, November 2006, hereby adopted and incorporated as a reference. Copies may be obtained by writing or calling the Department, 2600 Blair Stone Road, MS 3680, Tallahassee, FL 32399-2400; telephone [phone].

(2) through (5) renumbered (3) through (6) No change.

(7)(6) Satisfactory proof of two years experience in the water well construction business shall be demonstrated by providing:

(a) aA list of at least ten water wells, together with their locations, major use, and approximate depth and diameter, that the applicant has constructed, repaired, or abandoned. Of the ten wells, at least seven must have been constructed, rather than repaired or abandoned, by the applicant. This list shall provide the name and address of the owner or owners of each well, and the approximate date the construction of each well was completed. For water wells drilled in Florida, a copy of the completion report for each well shall accompany the list. Completion dates of the ten wells needed to demonstrate the two-years of experience shall be within the previous five years from license application distributed over a consecutive 24 month period. In addition, the applicant shall provide letters from three persons in the water well construction industry, which for the purposes of this requirement are water well contractors, well drillers, vendors of water well parts or equipment, and government-employed well inspectors, attesting to the length of time the applicant has been working in the water well construction business as a major activity.

(b) In lieu of the methods described above, satisfactory proof of equivalent experience may be presented to the District and may be accepted on an individual basis.

(8) The applicant shall inform the District within 30 days of any change of the applicant’s address.

Specific Authority 373.043, 373.309 FS. Law Implemented 373.323, 373.326, 373.329 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.02, Amended 6-16-86, Formerly 17-20.020, Amended 5-25-89, Formerly 17-531.300, Amended 7-17-03,________.

 

62-531.330 Water Well Contractor License Renewal.

(1) No change.

(2) Twelve CEUs shall be required for renewal of a license beginning July 31, 2005. Water well contractor licenses shall be renewed only after the license holder has completed twelve CEUs of approved coursework earned in the two-year period directly preceding the request for license renewal for each renewal cycle. However, if a water well contractor has received his or her first license within 180 days before the end of the biennium renewal of licenses, the continuing education requirements shall be waived for the licensee's first renewal cycle.

(3) through (6) No change.

(7) Notwithstanding the renewal requirements of this chapter and Section 373.324(3), F.S., and those in Section 250.4815, F.S., for members of the Florida National Guard and the United States Armed Forces Reserves, any active water well contractor license issued under this chapter to a service member as defined in Section 250.01, F.S., or his or her spouse, both of whom reside in Florida, shall not become inactive while the service member is serving on military orders that take him or her over 35 miles from his or her residence and shall be considered an active license for up to 180 days after the service member returns to his or her Florida residence. If the license renewal requirements are met within the 180-day extension period, the service member or his or her spouse shall not be charged any additional costs, such as, late fees above the normal license fees. This subsection does not waive renewal requirement such as registering, continuing education, and all associated fees. The service member must present to the water management district issuing the license a copy of his or her official military orders or a written verification from the member's commanding officer before the end of the 180-day period in order to qualify for the extension.

(8)(7) No change.

(9) The contractor shall inform the District within 30 days of any change of the contractor’s address.

Specific Authority 373.043, 373.309 FS. Law Implemented 373.323, 373.324, 373.326, 373.329 FS. History–New 5-25-89, Formerly 17-531.330, Amended 7-17-03,_________.

 

62-531.340 Water Well Contractor Fees.

(1) The following fees are required for water well contractor license applications, biennial renewals, and late renewals:

(a) through (c) No change.

(d) Administrative Fee for CEUs for License Renewal: A fee of $14 per CEU shall be submitted to the Administrator with the documentation of course completion.

(2) Regular employees of a political subdivision or governmental entity engaged in water well drilling shall be licensed in accordance with this Chapter, but shall be exempt from paying the fees required in this Chapter, for the drilling done for the political subdivision or governmental entity.

Specific Authority 373.043, 373.309 FS. Law Implemented 373.323, 373.324, 373.326, 373.329 FS. History–New 5-25-89, Formerly 17-531.340, Amended________.

 

62-531.350 Water Well Contractor Examinations.

(1) Water well contractor examinations shall be written, comprehensive examinations that are standardized statewide and may be administered orally. The standardized examinations shall be prepared by the Department, in consultation with through a combined effort of the Districts and representatives of the water well contracting industry, in consultation with the Department. The examinations shall be designed to determine the applicant’s knowledge of applicable rules; ability to construct, repair, and abandon a well; and ability to supervise, direct, manage, and control the contracting activities of the water well contracting business.

(2) through (4) No change.

Specific Authority 373.043, 373.309 FS. Law Implemented 373.323, 373.326, 373.329 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.03, 17-20.030, Amended 5-25-89, Formerly 17-531.350, Amended__________.

 

62-531.450 Unlawful Acts, Grounds for Disciplinary Actions, and Penalties.

(1) through (3) No change.

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

(a) through (f) No change.

(g) Practicing water well contracting without a water well contractor’s license.

(5) When the District finds a person guilty of any of the grounds for disciplinary action in subsection (4) above, it may enter an order imposing one or more of the following disciplinary actions in accordance with the guidelines established in the Department's Water Well Contractor Disciplinary Guidelines and Procedures Manual, November 2006 October 2002:

(a) through (b) No change.

(c) Imposition of an administrative penalty not to exceed $51,000 for each count or separate offense.

(d) through (f) No change.

(6) No change.

Specific Authority 373.043, 373.309 FS. Law Implemented 373.306, 373.309, 373.316, 373.319, 373.333, 373.335, 373.336 FS. History– New 8-18-73, Amended 10-9-84, Formerly 17-20.09, 17-20.090, Amended 5-25-89, 12-02-92, Formerly 17-531.450, Amended 12-25-02,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mimi A. Drew, Director, Division of Water Resource Management

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Deputy Secretary of Regulatory Programs

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 12, 2006

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: September 8, 2006