Florida Administrative Code

(1) Purpose - This part of the plan generally describes the data collection and analysis activities of the District in anticipation of and during a declared water shortage or water shortage emergency. Monitoring data shall be used to determine: (a) Whether a water shortage or wat…

(1) Current data shall be compared to historical data to determine whether serious harm to the water resources can be expected. (2) Evaluations under this rule shall consider established minimum flows and levels and associated rules regarding implementation of water shortage prov…

(1) In order to protect the water resource from serious harm, the Governing Board shall declare a water shortage for the affected source class, if the District determines there is a possibility that insufficient water will be available within a source class to meet the estimated …

(1) This plan establishes the means and methods to achieve the reduction in overall demand estimated to be necessary to protect water resources from serious harm. The specific reduction means and methods are intended to reduce demand during times of water shortages by increasing …

(1) In implementing water use restrictions, the factors the District shall consider include: (a) The source of the water supply experiencing the shortage; (b) The relative impact of the various categories of water users on the water body for which the shortage is declared; (c) Th…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.119, 373.129, 373.136, 373.603, 373.609, 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Each water user shall be classified according to one or more of the following sources of water: (1) Surfacewater sources: (a) Name of specific surfacewater source; (b) Basin; (c) Sub-basin. (2) Groundwater Sources: (a) Floridan aquifer; (b) Secondary artesian aquifer; (c) Water t…

(1) Each water user shall be classified according to one or more of the following use classes and subclasses of water: (a) Indoor uses, which include water used for indoor personal and household needs, and similar needs at businesses; (b) Essential uses of water for fire fighting…

Each water user shall be identified by one or more of the following method of withdrawal classes: (1) Surface waters: (a) Pump; (b) Gravity flow. (2) Ground waters: (a) Artesian well; (b) Pumped well. Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. …

(1) Upon declaration of a water shortage or water shortage emergency, the restrictions presented within this part can be implemented to achieve the desired overall reductions in user demand. The target reduction ultimately chosen during a water shortage will be dependent upon the…

Rulemaking Authority 373.044, 373.113 FS. Law Implemented 373.175, 373.246 FS. History-New 7-30-06, Repealed 1-19-16.

A Phase II Water Shortage refers to a severe water shortage. The Governing Board shall choose a combination of these and any other appropriate and necessary restrictions to achieve the required reduction in overall demand. (1) Indoor uses shall reduce use by employing water conse…

A Phase III Water Shortage refers to an extreme water shortage. The Governing Board shall choose a combination of these and any other appropriate and necessary restrictions to achieve the required reduction in overall demand. (1) Indoor uses shall reduce use by employing water co…

(1) If the District determines that, within any area of the District, the provisions of a Water Shortage are not sufficient to protect the public health, safety, or welfare, the health of animals, fish, or aquatic life, the Executive Director, with the concurrence of the Governin…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History-New 1-31-83, Amended 7-1-85, 8-15-89, 6-22-99, Repealed by Section 3, Chapter 2012-31, L…

When used in this chapter: (1) "Abandon" or "Well abandonment" means to plug a well as set forth in Rule 40B-3.531, F.A.C. (2) "Abandoned artesian well" means any well as defined in Section 373.203(1), F.S. (3) "Abandoned water well" or "abandoned well" means any well as defined …

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103(1), 373.306, 373.308, 373.309, 373.313, 373.314, 373.316, 373.319, 373.323(2), 373.326, 373.329, 373.333, 373.342 FS. History-New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, Repealed by Section 3, Chapter 2…

The authority for general administration of Chapter 40B-3, F.A.C., is delegated to the Executive Director of the District. It is the policy of the Board that in making this delegation the Executive Director may designate specific staff members to carry out various tasks, but that…

The following Department rules, publications, standards and agreements regarding construction, repair, modification and abandonment of wells and water well contractor licensing, shall apply to the water well program administered by the District, and are incorporated by reference …

Minimum standards for licensing water well contractors shall be in accordance with Chapter 62-531, F.A.C., (August 7, 2019), which is incorporated by reference in subsection 40B-3.035(2), F.A.C., and the Water Well Construction Disciplinary Guidelines and Citations Dictionary (Ju…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.323, 373.326, 373.333, 373.336 FS. History-New 7-1-85, Amended 8-15-89, 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.129, 373.308, 373.309, 373.336 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.119, 373.129, 373.136, 373.171, 373.309, 373.333 FS. Law Implemented 373.119, 373.129, 373.306, 373.313, 373.333, 373.336 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.316, 373.326, 373.342 FS. History-New 7-1-85, Amended 6-22-99, Repealed 3-18-26.

(1) Unless expressly exempted in Rule 40B-3.051, F.A.C., a permit must be obtained from the District prior to the construction, repair, modification, or abandonment of any well within the District. (2) A permittee shall obtain a separate permit to abandon any failed attempt to co…

The following activities are exempt from the requirements of this Chapter: (1) A well constructed, repaired, or abandoned solely for the purpose of a test hole, as defined in subsection 40B-3.021(21), F.A.C. (2) Wells constructed, repaired, or abandoned for the purpose of tempora…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.303, 373.308, 373.309, 373.313, 373.316, 373.326 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Permits will only be issued to a licensed water well contractor upon application by the owner on whose property the well will be located, or the owner's agent. Permits issued pursuant to Section 373.326(2), F.S., shall be issued to the property owner or the owner's agent. (2)…

(1) Failure of an applicant to pay the fees established herein is grounds for the denial of the permit application. (2) Any portion of the fees enumerated in this rule in excess of $100 shall be waived for well permits issued on behalf of a municipality or county government quali…

(1) In order to obtain a water well construction, repair, modification, or abandonment permit, an applicant must provide reasonable assurance that the following conditions have been met: (a) The applicant has submitted a complete permit application form as set forth in Rule 40B-3…

(1) Each permit shall be consecutively numbered, dated, and valid for a period of ninety (90) days, unless the time limit is extended by the District pursuant to subsection (3) or (4), below. (2) Construction, repair, modification, or abandonment of a well shall not commence or c…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.103, 373.306, 373.308, 373.309, 373.313, 373.342 FS. History-New 4-15-81, Amended 9-15-81, 1-31-83, 7-1-85, 6-22-99, Repealed 3-18-26.

(1) Well completion reports are required for all permits issued pursuant to this chapter. Well completion reports shall be submitted to the District within 30 days of the completion of the permitted activity on a State of Florida Well Completion Report, DEP Form 62-532.900(2), (O…

(1) Emergency permits may be applied for as set forth in Rule 62-532.420, F.A.C. The permittee shall submit an application as set forth in Rule 40B-3.101, F.A.C., within 10 days of receiving verbal authorization. (2) Mere carelessness or lack of planning on the part of the applic…

(1) In addition to the provisions of Rule 62-532.510, F.A.C., the District is authorized to inspect any well within its jurisdiction to ensure conformity with this Chapter, pursuant to Section 373.319, F.S. (2) The District is authorized to inspect the proposed location of a publ…

(1) In addition to those violations set forth in Rule 62-531.450, F.A.C., actions, omissions, or conduct which are also considered as violations of this Chapter include the following: (a) Failure to file an accurate permit application; (b) Failure to comply with any or all permit…

Rulemaking Authority 373.044, 373.113, 373.171 FS. Law Implemented 373.308, 373.309, 373.313 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.171, 373.309 FS. Law Implemented 373.113, 373.306, 373.308, 373.309 FS. History-New 7-1-85, Amended 6-22-99, Repealed 3-18-26.

Wells shall be located so as not to pose a threat of contamination to the groundwater resource. Minimum spacing between wells and sanitary hazards shall be as set forth in Table 1 of Chapter 62-532, F.A.C., (February 16, 2012), which is incorporated by reference in subsection 40B…

Rulemaking Authority 373.044, 373.309, 373.171 FS. Law Implemented 373.306, 373.308, 373.309, 373.113 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

(1) Wells shall be constructed, repaired, or modified as set forth in this Chapter and Chapter 62-532, F.A.C., which is incorporated by reference in subsection 40B-3.035(3), F.A.C. (2) Potable wells located in delineated areas shall be constructed, repaired, or modified as set fo…

Wells shall be grouted and sealed to protect the groundwater resource from degradation caused by movement of waters along the well annulus either from the surface to the aquifer or between aquifers, and to prevent loss of artesian pressure in artesian aquifers. All wells shall be…

(1) Temporary Well Seals. Whenever there is a temporary interruption in work on the well or when pumping equipment is removed from the well, the upper well terminus shall be sealed as set forth in subsection 62-532.500(4), F.A.C. (2) Permanent Well Seals. The upper well terminus …

Rulemaking Authority 373.044, 373.309, 373.171 FS. Law Implemented 373.306, 373.308, 373.309, 373.113 FS. History-New 7-1-85, Amended 6-22-99, Repealed by Section 3, Chapter 2012-31, Laws of Florida, 5-27-12.

Rulemaking Authority 373.044, 373.309, 373.171 FS. Law Implemented 373.206, 373.306, 373.308, 373.309, 373.113 FS. History-New 7-1-85, Repealed 1-19-16.