CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Business Regulation offered the following:

12

13         Amendment (with title amendment) 

14         On page 3, between lines 12 and 13, of the bill

15

16  insert:

17         Section 4.  Part IV of chapter 489, Florida Statutes,

18  consisting of sections 489.661, 489.662, 489.663, 489.664,

19  489.665, 489.666, 489.667, and 489.668, is created to read:

20                             PART IV

21                  PORTABLE RESTROOM CONTRACTING

22         489.661  Definitions.--As used in this part:

23         (1)  "Department" means the Department of Health.

24         (2)  "Portable restroom contractor" means a portable

25  restroom contractor whose services are unlimited in the

26  portable restroom trade who has had at least 3 years'

27  experience as a Florida-registered portable restroom

28  contractor, who has knowledge of state health code law and

29  rules, and who has the experience, knowledge, and skills to

30  handle, deliver, and pick up sanitary portable restrooms, to

31  install, safely handle, and maintain portable holding tanks,

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    File original & 9 copies    02/12/02
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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  and to handle, transport, and dispose of domestic portable

  2  restroom and portable holding tank wastewater.

  3         489.662  Registration required.--A person shall not

  4  hold himself or herself out as a portable restroom contractor

  5  in this state unless he or she is registered by the department

  6  in accordance with the provisions of this part.  However,

  7  nothing in this part prohibits any person licensed pursuant to

  8  s. 489.105(3)(m) in this state from engaging in the profession

  9  for which he or she is licensed.

10         489.663  Administration of part; registration

11  qualifications; examination.--

12         (1)  Each person desiring to be registered pursuant to

13  this part shall apply to the department in writing upon forms

14  prepared and furnished by the department.

15         (2)  The department shall administer, coordinate, and

16  enforce the provisions of this part, provide qualifications

17  for applicants, administer the examination for applicants, and

18  be responsible for the granting of certificates of

19  registration to qualified persons.

20         (3)  The department shall adopt reasonable rules

21  pursuant to ss. 120.536(1) and 120.54 to administer this part,

22  including, but not limited to, rules that establish ethical

23  standards of practice, requirements for registering as a

24  contractor, requirements for obtaining an initial or renewal

25  certificate of registration, disciplinary guidelines, and

26  requirements for the certification of partnerships and

27  corporations.  The department may amend or repeal the rules in

28  accordance with chapter 120, the Administrative Procedure Act.

29         (4)  To be eligible for registration by the department

30  as a portable restroom contractor, the applicant shall:

31         (a)  Be of good moral character.  In considering good

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  moral character, the department may consider any matter that

  2  has a substantial connection between the good moral character

  3  of the applicant and the professional responsibilities of a

  4  registered contractor, including, but not limited to, the

  5  applicant being convicted or found guilty of, or entering a

  6  plea of nolo contendere to, regardless of adjudication, a

  7  crime in any jurisdiction that directly relates to the

  8  practice of contracting or the ability to practice

  9  contracting, and previous disciplinary action involving

10  portable restroom contracting, where all judicial reviews have

11  been completed.

12         (b)  Pass an examination approved by the department

13  that demonstrates that the applicant has a fundamental

14  knowledge of the state laws relating to the installation,

15  maintenance, and wastewater disposal of portable restrooms,

16  portable sinks, and portable holding tanks.

17         (c)  Be at least 18 years of age.

18         (d)  Have a total of at least 3 years of active

19  experience serving an apprenticeship as a skilled worker under

20  the supervision and control of a registered portable restroom

21  contractor.  Related work experience or educational experience

22  may be substituted for no more than 2 years of active

23  contracting experience.  Each 30 hours of coursework approved

24  by the department will substitute for 6 months of work

25  experience.  Out-of-state work experience shall be accepted on

26  a year-for-year basis for any applicant who demonstrates that

27  he or she holds a current license issued by another state for

28  portable restroom contracting that was issued upon

29  satisfactory completion of an examination and continuing

30  education courses that are equivalent to the requirements in

31  this state.  Individuals from a state with no state

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    File original & 9 copies    02/12/02
    hri0001                     02:30 pm         00903-br  -302127




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  certification who have successfully completed a written

  2  examination provided by the Portable Sanitation Association

  3  International shall only be required to take the written

  4  portion of the examination that includes state health code law

  5  and rules.  For purposes of this section, an equivalent

  6  examination must include the topics of state health code law

  7  and rules applicable to portable restrooms and the knowledge

  8  required to handle, deliver, and pick up sanitary portable

  9  restrooms; to install, handle, and maintain portable holding

10  tanks; and to handle, transport, and dispose of domestic

11  portable restroom and portable holding tank wastewater.  A

12  person employed by and under the supervision of a licensed

13  contractor shall be granted up to 2 years of related work

14  experience.

15         (e)  Have not had a registration revoked, the effective

16  date of which was less than 5 years before the application.

17         (5)  The department shall provide each applicant for

18  registration pursuant to this part with a copy of this part

19  and any rules adopted under this part.  The department may

20  also prepare and disseminate such other material and

21  questionnaires as it deems necessary to effectuate the

22  registration provisions of this part.

23         489.664  Registration renewal.--The department shall

24  prescribe by rule the method for approval of continuing

25  education courses and for renewal of annual registration.  At

26  a minimum, annual renewal shall include continuing education

27  requirements of not less than 6 classroom hours annually for

28  portable restroom contractors.

29         489.665  Certification of partnerships and

30  corporations.--

31         (1)  The practice of or the offer to practice portable

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    hri0001                     02:30 pm         00903-br  -302127




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  restroom contracting services by registrants through a parent

  2  corporation, corporation, subsidiary of a corporation, or

  3  partnership offering portable restroom contracting services to

  4  the public through registrants under this chapter as agents,

  5  employers, officers, or partners is permitted, provided that

  6  one or more of the principal officers of the corporation or

  7  one or more partners of the partnership and all personnel of

  8  the corporation or partnership who act on its behalf as

  9  portable restroom contractors in this state are registered as

10  provided by this part, and further provided that the

11  corporation or partnership has been issued a certificate of

12  authorization by the department as provided in this section.

13  A registered contractor may not be the sole qualifying

14  contractor for more than one business that requests a

15  certificate of authorization.  A business organization that

16  loses its qualifying contractor has 60 days following the date

17  the qualifier terminates his or her affiliation within which

18  to obtain another qualifying contractor.  During this period,

19  the business organization may complete any existing contract

20  or continuing contract, but may not undertake any new

21  contract.  This period may be extended once by the department

22  for an additional 60 days upon a showing of good cause.

23  Nothing in this section shall be construed to mean that a

24  certificate of registration to practice portable restroom

25  contracting shall be held by a corporation.  No corporation or

26  partnership shall be relieved of responsibility for the

27  conduct or acts of its agents, employees, or officers by

28  reason of its compliance with this section, nor shall any

29  individual practicing portable restroom contracting be

30  relieved of responsibility for professional services performed

31  by reason of his or her employment or relationship with a

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  corporation or partnership.

  2         (2)  For the purposes of this section, a certificate of

  3  authorization shall be required for a corporation,

  4  partnership, association, or person practicing under a

  5  fictitious name, offering portable restroom contracting

  6  services to the public, except that when an individual is

  7  practicing portable restroom contracting in his or her own

  8  given name, he or she shall not be required to register under

  9  this section.

10         (3)  Each certification of authorization shall be

11  renewed every 2 years.  Each partnership and corporation

12  certified under this section shall notify the department

13  within 1 month after any change in the information contained

14  in the application upon which the certification is based.

15         (4)  Disciplinary action against a corporation or

16  partnership shall be administered in the same manner and on

17  the same grounds as disciplinary action against a registered

18  portable restroom contractor.

19         (5)  When a certificate of authorization has been

20  revoked, any person authorized by law to provide portable

21  restroom contracting services may not use the name or

22  fictitious name of the entity whose certificate was revoked,

23  or any other identifiers for the entity, including telephone

24  numbers, advertisements, or logos.

25         489.666  Suspension or revocation of registration.--A

26  certificate of registration may be suspended or revoked upon a

27  showing that the registrant has:

28         (1)  Violated any provision of this part.

29         (2)  Violated any lawful order or rule rendered or

30  adopted by the department.

31         (3)  Obtained his or her registration or any other

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    hri0001                     02:30 pm         00903-br  -302127




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  order, ruling, or authorization by means of fraud,

  2  misrepresentation, or concealment of material facts.

  3         (4)  Been found guilty of gross misconduct in the

  4  pursuit of his or her profession.

  5         489.667  Fees; establishment.--

  6         (1)  The department shall, by rule, establish fees as

  7  follows:

  8         (a)  For portable restroom contractor registration:

  9         1.  Application and examination fee:  not less than $25

10  nor more than $75.

11         2.  Initial registration fee:  not less than $50 nor

12  more than $100.

13         3.  Renewal of registration fee:  not less than $50 nor

14  more than $100.

15         (b)  Certification of partnerships and corporations:

16  not less than $100 nor more than $250.

17         (2)  Fees established pursuant to subsection (1) shall

18  be based on the actual costs incurred by the department in

19  carrying out its registration and other related

20  responsibilities under this part.

21         489.668  Penalties and prohibitions.--

22         (1)  Any person who violates any provision of this part

23  commits a misdemeanor of the first degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         (2)  The department may deny a registration if it

26  determines that an applicant does not meet all requirements of

27  this part or has violated any provision of this part.  Any

28  applicant aggrieved by such denial shall be entitled to a

29  hearing, after reasonable notice thereof, upon filing a

30  written request for such hearing in accordance with chapter

31  120.

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    File original & 9 copies    02/12/02
    hri0001                     02:30 pm         00903-br  -302127




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 903

    Amendment No. 3 (for drafter's use only)





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 1, line 10,

  4

  5  after the semicolon insert:

  6         creating part IV of chapter 489, F.S., relating

  7         to portable restroom contracting; providing

  8         definitions; requiring registration and

  9         providing requirements therefor, including an

10         examination; providing for administration;

11         providing rulemaking authority; providing for

12         renewal of registration, including continuing

13         education; providing for certification of

14         partnerships and corporations; providing

15         grounds for suspension or revocation of

16         registration; providing fees; providing

17         penalties and prohibitions;

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    File original & 9 copies    02/12/02
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