Chapter 62-531, F.A.C., sets forth the criteria to obtain a water well construction contractors license and procedure for disciplinary actions against such licensed contractors. The Department proposes to update the chapter to be consistent with ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-531.200Definitions Used in Water Well Contractor Rules

62-531.300Application Requirements for Water Well Contractors

62-531.330Water Well Contractor License Renewal

62-531.350Water Well Contractor Examinations

62-531.380Display of Water Well Contractor License Number

62-531.400Procedures for Disciplinary Actions

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

PURPOSE AND EFFECT: Chapter 62-531, F.A.C., sets forth the criteria to obtain a water well construction contractors license and procedure for disciplinary actions against such licensed contractors. The Department proposes to update the chapter to be consistent with recent amendments to sections 373.323 and 373.338, F.S; to properly incorporate reference materials; to repeal portions of the rule that duplicate statutory language; to streamline documents relating to disciplinary actions; and to provide clarifications of rule language where needed.

SUMMARY: Consolidate into one document, update and reference by rule the Water Well Construction Disciplinary Guidelines and Citations Dictionary, as required by section 373.333(1), F.S. The consolidated document will contain all information relating to water well construction violations, penalties, disciplinary action, and fines. Additionally, the Department proposes to delete definitions duplicated in statute and replace with cross references; clarify certain definitions; clean up rule language throughout the chapter to provide clarity; and to update the Water Well Contractor Continuing Education Manual to clarify the qualifications for instructors and standards for approved coursework.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the proposed amendments adopt an updated citation dictionary to implement changes to section 373.323, update the requirement to demonstrate proof of experience to conform with section 373.333, and make other updates to clarify various rules. None of the amendments impose a new regulatory cost.

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.

RULEMAKING AUTHORITY: 373.043, 373.309, 373.337 FS.

LAW IMPLEMENTED: 120.60, 373.308, 373.316, 373.319, 373.323, 373.324, 373.326, 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: January 16, 2014, 9:00 a.m.

PLACE: Room 535, Bob Martinez Building, 2006 Blair Stone Road, Tallahassee, FL

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 5 days before the workshop/meeting by contacting: David James, [phone], [e-mail]. 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 RULE IS: David James, [phone], [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-531.200 Definitions Used in Water Well Contractor Rules.

The following words, when used in this Chapter, shall have the following meanings, except where the context clearly indicates a different meaning:

(1) No change.

(2) “Administrator” means an entity awarded a contract by the Florida Department of Environmental Protection to implement a program of approved coursework for water well contractor licensure and license renewal.

(3) “Approved Coursework” means Administrator or Department-approved training or instruction required for licensure and continuing education units required for license renewal. Approved coursework requirements may not be used for both licensure or license renewal and for license point reduction at educational workshops, as described in the “Water Well Contractors Disciplinary Guidelines and Procedures Manual, referenced in Rule 62-531.450, F.A.C.”

(4) “Continuing Education Credit Unit” or "CEC" means attendance and completion of one credit hour (at least fifty minutes) of approved coursework or instruction that has been converted to a CEC by the Adminstrator or the Department. It may be abbreviated to “CEU” in these rules.

(5) “Coursework Hour” means one credit hour (at least fifty minutes) of training or approved coursework (at least fifty minutes) instruction.

(6) through (8) No change.

(9) “Construction of Water Wells” is defined in section 373.303, F.S. means all parts and acts necessary to obtain ground water by wells, including the location and excavation of the well, but excluding the installation of pumps and pumping equipment.

(10) “Repair” is defined in section 373.303, F.S. means any action that involves the physical alteration, rehabilitation, or replacement of any part of a well, but does not include the alteration or replacement of any portion of a well which is above ground surface.

(11) “Water Well Contractor” is defined in section 373.303, F.S. means an individual who is responsible for the construction, repair, or abandonment of a water well and who is licensed under this chapter to engage in the business of construction, repair, or abandonment of wells.

Rulemaking Authority 373.043, 373.309, 373.337 FS. Law Implemented 373.308, 373.323, 373.324, 373.326, 373.329, 373.333 FS. History–New 5-25-89, Formerly 17-531.200, Amended 7-17-03, _________.

 

62-531.300Application Requirements for Water Well Contractors.

(1) The Water Management Districts (Districts) shall accept applications for licensing as a water well contractor from any person who is at least 18 years of age, has knowledge of those rules adopted by the Department and the District which deal with the regulation of water wells, has at least had not less than two years experience in constructing, repairing, or abandoning wells, and beginning July 31, 2004, has taken and completed a minimum of 12 approved coursework hours earned in the two-year period directly preceding the last day (July 31st) of the biennial renewal cycle. In addition, each application shall:

(a) Be submitted on forms provided by the District, and delivered by mail, hand delivery, or electronic transmittal to the District and shall be accompanied by a nonrefundable application fee.

(b) through (d) No change.

(2) Approved coursework and CECs shall be governed by the requirements in the Water Well Contractor Continuing Education Program Manual for Coursework and Continuing Education for Water Well Contractors, Department of Environmental Protection, November 2006 effective date________, hereby adopted and incorporated by as a reference. Copies of this manual are available on the Department’s website at www.dep.state.fl.us or by writing the Department at 2600 Blair Stone Road, MS 3580, Tallahassee, FL 32399-2400 http://www.flrules.org/Gateway/reference.asp?No=Ref-03634. may be obtained by writing or calling the Department, 2600 Blair Stone Road, MS 3580, Tallahassee, FL 32399-2400; telephone [phone].

(3) Completion of 12 approved coursework hours shall be required for licensure. A minimum of six approved coursework hours must be specifically related and relevant to water well construction industry drilling technologies, methodologies and practices and/or applicable State of Florida water well licensing, permitting and construction statutes and rules. No more than six approved coursework hours may be specifically related and relevant to water well construction industry health and safety requirements, practices and procedures and/or business management and accounting practices and procedures. Completion of approved coursework hours can be converted one time either to CECs for contractor licensing or for contractor license point reduction, but not both.

(4) The District shall not schedule an applicant to take the required examination until his or her application has been reviewed and the applicant has met all other licensing conditions of this Chapter for licensure. The applicant shall be provided three opportunities to take and pass the examination within 12 months after the applicant has become eligible to take the exam, otherwise the applicant must submit a new application for licensure and fee to the District. The applicant must pass the examination within three consecutive testing periods scheduled by the District or a new application shall be required.

(5) through (6) No change.

(7) Satisfactory proof of two years experience in the construction, repair, or abandonment of water wells well construction business shall be demonstrated by providing the following: one or more letters from the applicant's supervising water well contractors that the applicant has worked with the contractors for at least two years in constructing, repairing, or abandoning water wells.

(a) Evidence of the length of time the applicant has been engaged in the business of the construction, repair, or abandonment of water wells as a major activity, as attested to by a letter from three of the following persons:

1. A water well contractor;

2. A water well driller;

3. A water well parts and equipment vendor; or

4. A water well inspector employed by a governmental agency.

(b) A list of at least ten water wells that the applicant has constructed, repaired, or abandoned within the preceding five years. Of these wells, at least seven must have been constructed, as defined in Section 373.303(2), F.S., by the applicant. The list shall also include information relating to the 10 water wells including:

1. The name and address of the owner or owners of each well;

2. The location, primary use, and approximate depth and diameter of each well that the applicant has constructed, repaired, or abandoned; and

3. The approximate date the construction, repair, or abandonment of each well was completed.

(8) If at any time after application and before licensure, information provided in the application changes, including the applicant’s address or principal place of business, the applicant shall update his or her application with any such changes within 30 days of the change or upon receipt of the license, whichever is sooner. In order to receive mailings from the Department or the Districts, including notice about license application, it is advised that the applicant informs the District within 30 days of any change of the applicant's address.

Rulemaking Authority 373.043, 373.309, 373.337 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, 11-25-07, _______.

 

62-531.330 Water Well Contractor License Renewal.

(1) Licenses issued pursuant to this chapter shall not be transferable and shall expire on July 31st of each odd numbered year of the biennial renewal cycle. A license may be renewed without examination for an ensuing two years by making application to the licensing District not later than the expiration date of the license and paying the biennial renewal fee. A contractor shall include his or her current address in each license renewal application. Such application shall extend the validity of the current active license until the District takes final agency action on the license renewal application a new license is received or the applicant is notified by the District that formal administrative action has been taken to suspend, revoke, or deny renewal of the license.

(2) Twelve CECs CEU shall be required for renewal of a license beginning July 31, 2005. A minimum of six approved coursework hours for CE credit must be specifically related and relevant to water well construction industry drilling technologies, methodologies and practices and/or applicable State of Florida water well licensing, permitting and construction statutes and rules. No more than six approved coursework hours for CEC may be specifically related and relevant to water well construction industry health and safety requirements, practices and procedures and/or business management and accounting practices and procedures.

(3) Water well contractor licenses shall be renewed only after the license holder has completed twelve CEUs of approved coursework hours for CEC earned in the two-year period directly preceding the last day (July 31st) of the biennial 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. Completion of approved coursework hours can be converted one time to either CECs for contractor licensing or for contractor license point reduction, but not both.

(3) A minimum of six CEUs must be related to water well construction practices and applicable water well construction rules. No more than six CEUs may be related to safety and business practices.

(4) No change.

(5) A Florida licensed water well contractor who teaches approved coursework shall receive one CEC CEU for each coursework hour of instruction.

(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, including such as, late fees, above the normal license fees. This subsection does not waive renewal requirements 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) No Pursuant to Rule 62-531.450, F.A.C., no application for a renewal shall be granted if the applicant’s license is suspended or revoked pursuant to Rule 62-531.450, F.A.C., until the period for such suspension or revocation has expired and the applicant is in compliance with any outstanding corrective actions, orders, or payment of any fines ordered by the District or delegated permitting authority.

(9) If at any time during licensure the contractor changes his or her residence or principal place of business, which ever was initially submitted to the licensing District, the contractor shall notify the licensing District within 30 days of any change of address. In order to receive mailings from the Department or the Districts, including notice for license renewal, it is advised that the contractor informs the District within 30 days of any change of the contractor’s address.

Specific Authority 373.043, 373.309, 373.337 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, 11-25-07,          .

 

62-531.350 Water Well Contractor Examinations.

(1) Water well contractor examinations shall be written, comprehensive examinations that are standardized statewide. Upon request, however, the exam can and may be administered orally by the District. The standardized examinations shall be prepared by the Department, in consultation with the Districts and representatives of the water well contracting industry. 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) 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. Each applicant is entitled to review the graded examination in the District office under staff supervision. Graded examinations are exempt from public disclosure pursuant to section 119.071(1)(a), F.S., confidential and shall not be revealed to persons other than the applicant who completed the examination. Examinations or copies of examinations shall not be released to applicants or to the public and shall be retained by the Districts in a secured location.

(3) through (4) No change.

Rulemaking Authority 373.043, 373.308, 373.309 FS. Law Implemented 373.323, 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 11-25-07, _______.

 

62-531.380 Display of Water Well Contractor License Number.

(1) The District shall assign each Each water well contractor shall be assigned a unique, permanent license number, and shall issue be issued a certificate with that license number to the water well contractor. License numbers are not transferable and shall not be used by another water well contractor.

(2) No change.

Rulemaking Authority 373.043, 373.309, 373.337 FS. Law Implemented 373.323, 373.326, 373.329 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.06, 17-20.060, Amended 5-25-89, Formerly 17-531.380, _______.

 

62-531.400 Procedures for Disciplinary Actions.

Rulemaking Authority 373.043, 373.309 FS. Law Implemented 120.60, 373.306, 373.309, 373.323, 373.333 FS. History–New 8-18-73, Amended 10-9-84, Formerly 17-20.05, 17-20.050, Amended 5-25-89, Formerly 17-531.400, Repealed ________.

 

Substantial rewording of Rule 62-531.450 follows. See Florida Administrative Code for present text.

 

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

(1) It is unlawful for any person to commit a violation specifically enumerated in Sections 373.336(1), F.S. When the Department, Districts, or delegated permitting authority finds a person has violated rules of the Department or Water Management District, or Part III, Ch. 373, F.S.,the person shall be subject to an order imposing one or more of the penalties and corrective actions established in the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date , adopted and incorporated by reference herein. A copy of the Citations Dictionary is available at the Department’s website at: www.dep.state.fl.us or by writing the Department at 2600 Blair Stone Road, MS 3580, Tallahassee, FL 32311-2400 http://www.flrules.org/Gateway/reference.asp?No=Ref-03635.

(2) It is unlawful for a business entity to commit a violation specifically enumerated in Section 373.336(2), F.S. When the Department, Districts, or delegated permitting authority finds a business entity has violated rules of the Department or Water Management District, or Part III, Ch. 373, F.S.,the person shall be subject to an order imposing one or more of the penalties and corrective actions established in the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date __________.

(3) It shall be a violation of this rule for any licensed contractor, or any individual attempting to obtain a license or having a revoked, suspended, or inactive license, to commit one of the grounds for disciplinary action specifically enumerated in Section 373.333, F.S. When the Department, Districts, or delegated permitting authority finds a licensed contractor, or any individual attempting to obtain a license or having a revoked, suspended, or inactive license has violated rules of the Department or Water Management District, or Part III, Ch. 373, F.S.,the person shall be subject to an order imposing one or more of the fines and diciplinary actions established in the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date __________.

(4) The Department, Districts or delegated permitting authorities shall provide for disciplinary action in accordance with the Water Well Construction Disciplinary Guidelines and Citations Dictionary, effective date __________, and as provided for in Sections 373.333 and 373.336, F.S.

Rulemaking Authority 373.043, 373.308, 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, 12-2-92, Formerly 17-531.450, Amended 12-25-02, 11-25-07, ________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Mark Thomasson

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel Vinyard Jr.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 05, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 17, 2013