The following wells are exempt from the requirements of Rule 40C-3.041, F.A.C.

1. (1) Existing wells exempted by Section 373.316, F.S.
2. (2) The wells exempted under Section 373.303(7), F.S. This exemption does not relieve the applicant from obtaining any permits which may be required under Chapters 40C-2 (Consumptive Use), 40C-4 (Surface Water Management), 40C-40 (General Surface Water Management Permits), 40C-44 (Agricultural Surface Water Management Systems), or 62-330, F.A.C. (Environmental Resource Permitting).
3. (3) The construction, repair, or abandonment of a water well which is a nominal two inches or less inside diameter by an individual who is not a licensed water well contractor, on the person’s own or leased property, provided the requirements of Section 373.326(2), F.S., are satisfied. These requirements include: (1) the water from the well is not intended for use by the public, another’s residence, or solely for irrigation of a residential lot, and (2) the well is only intended for use in either: (a) a single family house which is the person’s residence, or (b) for farming purposes on the person’s farm. The well must be constructed, repaired, or abandoned in accordance with the standards of this chapter and the well completion report must be submitted in accordance with Rule 40C-3.411, F.A.C. This exemption does not apply to public water supply wells. Water wells constructed under this exemption are not exempt from the requirements to submit a water well completion report and to comply with the requirements of this chapter for the construction, repair, modification, or abandonment of a well.
4. (4) A well constructed solely as a test hole or exploratory well as defined in subsection 40C-3.021(16), F.A.C.

5. (5) The construction, repair or abandonment of a water well with a nominal casing size of less than six inches by a licensed contractor, provided that a well completion report is submitted in accordance with subsection 40C-3.411(1), F.A.C., and that the well is constructed, repaired or abandoned in accordance with the standards of this chapter. This exemption from permitting requirements in Rule 40C-3.041, F.A.C., does not apply to:

   1. (a) Public water supply wells,
   2. (b) Any non-potable well construction in an area delineated pursuant to Chapter 62-524, F.A.C.,
   3. (c) Any potable well requiring a permit pursuant to Chapter 62-524, F.A.C.,
   4. (d) Any water wells within jurisdictions to which the District has delegated authority pursuant to Rule 40C-3.035, F.A.C., for water well construction for wells less than nominal well casing size of six inches.
6. (6) The construction, repair, and abandonment of a well with a nominal casing size of two inches or less in diameter, provided the well is less than 20 feet in depth and is used for no more than ten days for the purpose of obtaining shallow soil or water information. The well must be constructed, repaired or abandoned in accordance with the standards of this chapter and the well completion report is submitted in accordance with Rule 40C-3.411, F.A.C. Due to the temporary nature and shallow depths of these types of monitoring wells, harm to the natural resources is not expected and the District finds an undue hardship would exist by requiring water well contractors to obtain permits for the construction, repair, and abandonment of such temporary wells.

Rulemaking Authority 373.044, 373.113, 373.171, 373.309 FS. Law Implemented 373.303, 373.308, 373.313, 373.316, 373.326 FS. History–New 10-14-84, Amended 12-5-85, Formerly 40C-3.051, 40C-3.0051, Amended 9-17-89, 3-10-97, 7-27-16, 5-20-26.