The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 1136
INTRODUCER: Rules Committee; Community Affairs Committee; and Senator Trumbull
SUBJECT: Regulation of Water Resources
DATE: February 9, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. Hunter Ryon CA Fav/CS
3. Carroll Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 1136 revises the qualification requirements a person must meet to take the water well
contractor licensure examination. The bill requires an applicant to have at least two years of
experience in constructing, repairing, or abandoning water wells specifically permitted in
Florida.
The bill authorizes an authority to whom a water management district has delegated enforcement
powers to consistently apply disciplinary guideline rules relating to wells.
The bill includes business entities as possible violators of certain unlawful acts relating to wells.
The bill adds that it is unlawful to advertise water well drilling or construction services if the
business entity is not owned by a licensed water well contractor or does not employ a full-time
water well contractor.
The bill provides that the onsite sewage treatment and disposal system (OSTDS) variance review
and advisory committee is not responsible for water well permitting. However, the committee
shall consider all requirements of law related to OSTDSs when making recommendations on
variance requests for OSTDS permits.
The bill provides an effective date of July 1, 2024.
BILL: CS/CS/SB 1136 Page 2
II. Present Situation:
Department of Environmental Protection and Water Management District Authority
The Department of Environmental Protection (DEP) is responsible for the administration of
water resources at the state level and exercises general supervisory authority over the Water
Management Districts (WMDs).1 The state’s five water management districts (WMDs) are
responsible for the administration of water resources at the regional level. The five regions are
Northwest Florida, Suwannee River, St. Johns River, Southwest Florida, and South Florida.2
DEP has authorized the WMDs to implement a program for the issuance of permits for the
location, construction, repair, and abandonment of water wells.3 Because of this authorization,
the issuance of well permits are the sole responsibility of the WMDs, delegated local
governments, or local county health departments. Further, DEP has authorized the WMDs to
adopt rules and procedures relating in part to the location, construction, repair, and abandonment
of water wells; to implement a program for the licensing of water well contractors; and to adopt
by rule disciplinary guidelines applicable to each specific ground for disciplinary action which
may be imposed by the WMDs.4
Water Well Regulations
Licensure of Water Well Contractors
A water well is defined as any excavation to acquire, locate, or artificially recharge
groundwater.5 The law requires that every person who wishes to engage in business as a water
well contractor must obtain a license from the appropriate WMD.6 Each person desiring to be
licensed as a water well contractor must apply to take a licensure examination. The application
must be made to the WMD in which the applicant resides or in which his or her principal place
of business is located. If the applicant resides in another state, he or she must apply to the WMD
in which most of his or her business will take place.7
An applicant who meets the following requirements shall be entitled to take the water well
contractor licensure examination:
Is at least 18 years of age.
Has at least two years of experience in constructing, repairing, or abandoning water wells.
Has completed the application form and remitted a nonrefundable application fee.8
1
DEP, Water Management Districts, https://floridadep.gov/owper/water-policy/content/water-management-
districts#:~:text=The%20state%27s%20five%20water%20management%20districts%20include%20the,District%2C%20and
%20the%20South%20Florida%20Water%20Management%20District. (last visited Jan. 24, 2024).
2
Id.
3
Section 373.308, F.S.; DEP Water Well Contractor Licensing and Permitting, https://floridadep.gov/water/source-drinking-
water/content/water-well-contractor-licensing-and-permitting (last visited Jan. 24, 2024).
4
Id.; see ss. 373.323, 373.333, and 373.336, F.S.; see, e.g., ch. 40E-3, F.A.C. (South Florida Water Management District
rules relating to water wells).
5
Institute of Food and Agricultural Sciences (UF/IFAS), 2021 Handbook of Florida Water Regulation: Water Wells,
https://edis.ifas.ufl.edu/publication/FE603 (last visited Jan. 24, 2024).
6
Section 373.323, F.S.
7
Id.
8
Id.
BILL: CS/CS/SB 1136 Page 3
An applicant must demonstrate satisfactory proof of his or her two years of experience by
providing the following:
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 a water well contractor or a letter from a water well inspector employed by a
governmental agency.
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 by
the applicant. The list shall also include:
o The name and address of the owner or owners of each well.
o The location, primary use, and approximate depth and diameter of each well that the
applicant has constructed, repaired, or abandoned.
o The approximate date the construction, repair, or abandonment of each well was
completed.9
The WMD must issue a water well contracting license to any applicant who:
Receives a passing grade on the examination,
Has paid the initial application fee,
Takes and completes a minimum of 12 hours of approved coursework, and
Has complied with the requirements listed above.
Once licensed, a water well contractor may install, repair and modify pumps and tanks in
accordance with the Florida Building Code, Plumbing; Section 612—Wells pumps and tanks
used for private potable water systems.10 Due to revisions to the Florida Building Code, Section
612 now refers to solar systems and Section 614 refers to water wells.11 In addition, licensed
water well contractors may install pumps, tanks, and water conditioning equipment for all water
systems.12
Exemptions to these licensing requirements may be made if the WMD finds that compliance
with all requirements would result in undue hardship.13 A WMD may grant an exemption 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 water well regulations. Further, a person
who is not licensed may construct a well if the well is two inches or under in diameter, on his or
her own or leased property intended for use only in a single-family house which is his or her
residence, or intended for use only for farming purposes on the person’s farm, and when the
waters are not intended for use by the public or any residence other than his or her own, and he
or she complies with all local and state rules and regulations relating to the construction of water
wells.14
9
Id.
10
Id.
11
2023 Florida Building Code, Plumbing, Eight Edition, Sections 612 and 614, available at
https://codes.iccsafe.org/content/FLPC2023P1/chapter-6-water-supply-and-distribution#FLPC2023P1_Ch06_Sec614. (last
visited Jan. 24, 2024)
12
Section 373.323, F.S.
13
Section 373.326, F.S.
14
Id.
BILL: CS/CS/SB 1136 Page 4
Disciplinary Guidelines
The WMDs may adopt by rule disciplinary guidelines applicable to each specific ground for
disciplinary action which may be imposed by the WMDs.15 A specific finding of mitigating or
aggravating circumstances shall allow a WMD to impose a penalty other than that provided in
the guidelines. Disciplinary action may be taken by any WMD, regardless of where the
contractor’s license was issued.16
When a WMD has reasonable grounds for believing that there has been a violation of water well
regulations or of any rule or regulation adopted pursuant thereto, it must give written notice to
the alleged violator. The notice must be served in the manner required by law for the service of
process upon a person in a civil action or by registered U.S. mail to the last known address of the
alleged violator.
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 WMD requiring
remedial action which, if taken within the time specified in the order, will effect compliance with
the requirements of water well regulations and regulations issued pursuant thereto. Such order
shall become final unless a request for a hearing is made within 30 days from the date of service
of such order. Upon compliance, the WMD shall serve notice stating that compliance with the
order has been achieved.17
Unlawful Acts
The statutes provide that, with respect to water well regulations, it is unlawful for any person to:
Practice water well contracting without an active license.
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.
Give false or forged evidence to obtain a license.
Present as his or her own the license of another.
Use or attempt to use a license to practice water well contracting that has been suspended,
revoked, or placed on inactive status.
Engage in willful or repeated violation of water well regulations or of any DEP rule or
regulation or WMD or state agency rule or regulation relating to water wells which
endangers the public health, safety, and welfare.18
15
Section 373.333, F.S.
16
Id.
17
Id.
18
Section 373.336, F.S.
BILL: CS/CS/SB 1136 Page 5
Onsite Sewage Treatment and Disposal Systems
Onsite Sewage Treatment and Disposal Systems
(OSTDSs), commonly referred to as “septic
systems,” generally consist of two basic parts:
the septic tank and the drainfield.19 Waste from
toilets, sinks, washing machines, and showers
flows through a pipe into the septic tank, where
anaerobic bacteria break the solids into a liquid
form. The liquid portion of the wastewater flows
into the drainfield, which is generally a series of
perforated pipes or panels surrounded by
lightweight materials such as gravel or
Styrofoam. The drainfield provides a secondary
treatment where aerobic bacteria continue
deactivating the germs. The drainfield also
provides filtration of the wastewater, as gravity
draws the water down through the soil layers.20
There are an estimated 2.6 million OSTDSs in Florida, providing wastewater disposal for 30
percent of the state’s population.21 In Florida, development in some areas is dependent on
OSTDSs due to the cost and time it takes to install central sewer systems.22 For example, in rural
areas and low-density developments, central sewer systems are not cost-effective. In 2008, less
than one percent of OSTDSs in Florida were actively managed under operating permits and
maintenance agreements.23 The remainder of systems are generally serviced only when they fail,
often leading to costly repairs that could have been avoided with routine maintenance.24
In a conventional OSTDS, a septic tank does not reduce nitrogen from the raw sewage. In
Florida, approximately 30-40 percent of the nitrogen levels are reduced in the drainfield of a
system that is installed 24 inches or more from groundwater.25 This still leaves a significant
amount of nitrogen to percolate into the groundwater, which makes nitrogen from OSTDSs a
potential contaminant in groundwater.26
19
DOH, Septic System Information and Care, http://columbia.floridahealth.gov/programs-and-services/environmental-
health/onsite-sewage-disposal/septic-information-and-care.html (last visited Jan. 9, 2024); EPA, Types of Septic Systems,
https://www.epa.gov/septic/types-septic-systems (last visited Jan. 24, 2024) (showing the graphic provided in the analysis).
20
Id.
21
DEP, Onsite Sewage Program, https://floridadep.gov/water/onsite-
sewage#:~:text=Onsite%20sewage%20treatment%20and%20disposal%20systems%20%28OSTDS%29%2C%20commonly,r
epresents%2012%25%20of%20the%20United%20States%E2%80%99%20septic%20systems (last visited Jan. 24, 2024).
22
DOH, Report on Range of Costs to Implement a Mandatory Statewide 5-Year Septic Tank Inspection Program, Executive
Summary (Oct. 1, 2008), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/_documents/costs-
implement-mandatory-statewide-inspection.pdf. (last visited Jan. 24, 2024).
23
Id.
24
Id.
25
DOH, Florida Onsite Sewage Nitrogen Reduction Strategies Study, Final Report 2008-2015, 21 (Dec. 2015), available at
http://www.floridahealth.gov/environmental-health/onsite-sewage/research/draftlegreportsm.pdf; (last visited Jan. 24, 2024).
See Fla. Admin. Code R. 64E-6.006(2).
26
University of Florida Institute of Food and Agricultural Sciences (IFAS), Onsite Sewage Treatment and Disposal Systems:
Nitrogen, 3 (Oct. 2020), available at http://edis.ifas.ufl.edu/pdffiles/SS/SS55000.pdf. (last visited Jan. 24, 2024).
BILL: CS/CS/SB 1136 Page 6
Different types of advanced OSTDSs exist that can remove greater amounts of nitrogen than a
typical septic system (often referred to as “advanced” or “nutrient-reducing” septic systems).27
DEP publishes on its website approved products and resources on advanced systems.28
Determining which advanced system is the best option can depend on site-specific conditions.
In 2020, the Clean Waterways Act provided for the transfer of the Onsite Sewage Program from
the Department of Health (DOH) to DEP.29 The Onsite Sewage Program will be transferred over
a period of five years, and guidelines for the transfer are provided by an interagency agreement.30
Per the agreement, DEP has the primary powers and duties of the Onsite Sewage Program,
meaning that the county departments of health will implement the OSTDS program under the
direction of DEP instead of DOH.31 The county departments of health still handle permitting and
inspection of OSTDS.32 In the event of an alleged violation of OSTDS laws, county departments
of health will be responsible for conducting an inspection to gather information regarding the
allegations.33
Variances
DEP is required by law to grant variances in hardship cases relating to OSTDSs under certain
conditions.34 DEP may grant variances in hardship cases which may be less restrictive than
OSTDSs regulations specified in law.35 A variance may not be granted until DEP is satisfied of
the following:
The hardship was not caused intentionally by the action of the applicant;
A reasonable alternative, taking into consideration factors such as cost, does not exist for the
treatment of the sewage; and
The discharge from the OSTDS will not adversely affect the health of the applicant or the
public or significantly degrade the groundwater or surface waters.36
The law provides that where soil conditions, water table elevation, and setback provisions are
determined by DEP to be satisfactory, special consideration must be given to those lots platted
before 1972.37
27
DOH, Nitrogen-Reducing Systems for Areas Affected by the Florida Springs and Aquifer Protection Act (updated May
2021), available at http://www.floridahealth.gov/environmental-health/onsite-sewage/products/_documents/bmap-n-
reducing-tech-18-10-29.pdf. (last visited Ja