Senate Bill sb0476c1

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    Florida Senate - 2003                            CS for SB 476

    By the Committee on Regulated Industries; and Senator
    Constantine




    315-2002-03

  1                      A bill to be entitled

  2         An act relating to environmental health;

  3         creating s. 381.0069, F.S.; providing for the

  4         regulation of portable restroom contracting;

  5         providing definitions; requiring a portable

  6         restroom contractor to apply for registration

  7         with the Department of Health; providing

  8         requirements for registration, including an

  9         examination; providing for administration;

10         providing rulemaking authority; providing for

11         renewal of registration, including requirements

12         for continuing education; providing for

13         certification of partnerships and corporations;

14         providing grounds for suspension or revocation

15         of registration; providing fees; providing

16         penalties and prohibitions; amending s.

17         381.0066, F.S.; authorizing the continuation of

18         permit fees for system construction permits for

19         onsite sewage treatment and disposal systems;

20         providing an effective date.

21  

22  Be It Enacted by the Legislature of the State of Florida:

23  

24         Section 1.  Section 381.0069, Florida Statutes, is

25  created to read:

26         381.0069  Portable restroom contracting.--

27         (1)  DEFINITIONS.--As used in this section, the term:

28         (a)  "Department" means the Department of Health.

29         (b)  "Portable restroom" means holding tanks,

30  transportable individual toilets, or restroom facilities that

31  are intended for use on a permanent or nonpermanent basis,

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




 1  including such facilities placed on construction sites when

 2  workers are present.

 3         (c)  "Portable restroom contractor" means a contractor

 4  whose services are unlimited in the portable restroom trade

 5  who has had at least 3 years' experience as a

 6  Florida-registered portable restroom contractor; who has

 7  knowledge of state health code law and rules; and who has the

 8  experience, knowledge, and skills to handle, deliver, and pick

 9  up sanitary portable restrooms, to install, safely handle, and

10  maintain portable holding tanks, and to handle, transport, and

11  dispose of domestic portable restroom and portable holding

12  tank wastewater.

13         (2)  REGISTRATION REQUIRED.--A person may not hold

14  himself or herself out as a portable restroom contractor in

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

16  accordance with this section. However, this section does not

17  prohibit any person licensed pursuant to s. 489.105(3)(m) or

18  ss. 489.551-489.558 from engaging in the profession for which

19  he or she is licensed.

20         (3)  ADMINISTRATION OF SECTION; REGISTRATION

21  QUALIFICATIONS; EXAMINATION.--

22         (a)  Each person desiring to be registered pursuant to

23  this section shall apply to the department in writing upon

24  forms prepared and furnished by the department.

25         (b)  The department shall administer, coordinate, and

26  enforce the provisions of this section, provide qualifications

27  for applicants, administer the examination for applicants, and

28  be responsible for the granting of certificates of

29  registration to qualified persons.

30         (c)  The department shall adopt rules pursuant to ss.

31  120.536(1) and 120.54 to administer this section, including,

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




 1  but not limited to, rules that establish ethical standards of

 2  practice, requirements for registering as a contractor,

 3  requirements for obtaining an initial or renewal certificate

 4  of registration, disciplinary guidelines, and requirements for

 5  the certification of partnerships and corporations. The

 6  department may amend or repeal the rules in accordance with

 7  chapter 120.

 8         (d)  To be eligible for registration by the department

 9  as a portable restroom contractor, the applicant shall:

10         1.  Be of good moral character. In considering good

11  moral character, the department may consider any matter that

12  has a substantial connection between the good moral character

13  of the applicant and the professional responsibilities of a

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

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

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

17  crime in any jurisdiction that directly relates to the

18  practice of contracting or the ability to practice contracting

19  and previous disciplinary action involving portable restroom

20  contracting for which all judicial reviews have been

21  completed.

22         2.  Pass an examination approved by the department

23  which demonstrates that the applicant has a fundamental

24  knowledge of the state laws relating to the installation,

25  maintenance, and wastewater disposal of portable restrooms,

26  portable sinks, and portable holding tanks.

27         3.  Be at least 18 years of age.

28         4.  Have a total of at least 3 years of active

29  experience serving an apprenticeship as a skilled worker under

30  the supervision and control of a registered portable restroom

31  contractor. Related work experience or educational experience

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    Florida Senate - 2003                            CS for SB 476
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 1  may be substituted for no more than 2 years of active

 2  contracting experience. Each 30 hours of coursework approved

 3  by the department shall be substituted for 6 months of work

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

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

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

 7  portable restroom contracting which was issued upon

 8  satisfactory completion of an examination and continuing

 9  education courses that are equivalent to the requirements in

10  this state. Individuals from a state with no state

11  certification who have successfully completed a written

12  examination provided by the Portable Sanitation Association

13  International shall only be required to take the written

14  portion of the examination that includes state health code law

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

16  examination must include the topics of state health code law

17  and rules applicable to portable restrooms and the knowledge

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

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

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

21  portable restroom and portable holding tank wastewater. A

22  person employed by and under the supervision of a licensed

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

24  experience.

25         5.  Have not had a registration revoked the effective

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

27         (e)  The department shall provide each applicant for

28  registration pursuant to this section with a copy of this

29  section and any rules adopted under this section. The

30  department may also prepare and disseminate such other

31  

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




 1  material and questionnaires as it deems necessary to

 2  effectuate the registration provisions of this section.

 3         (f)  Any person who was employed 1 or more years in

 4  this state by a portable restroom service holding a permit

 5  issued by the department on or before October 1, 2003, has

 6  until October 1, 2004, to be registered by the department in

 7  accordance with this section and may continue to perform

 8  portable restroom contracting services until that time. Such

 9  persons are exempt until October 1, 2004, from the 3 years'

10  active work experience requirement of subparagraph (d)4.

11         (4)  REGISTRATION RENEWAL.--

12         (a)  The department shall prescribe by rule procedures

13  for approving continuing education courses, renewing annual

14  registrations and filing renewal applications, authorizing

15  contractors to hold a inactive registration for a specified

16  period, and reactivating inactive registrations. At a minimum,

17  the requirements for the annual renewal of registration shall

18  require at least 6 classroom hours of continuing education

19  each year for portable restroom contractors.

20         (b)  A certificate of registration becomes inactive

21  when a renewal application is not filed in a timely manner. A

22  certificate that has become inactive may be reactivated under

23  this section by submitting an application to the department. A

24  registered contractor may apply to the department for

25  voluntary inactive status at any time during the period of

26  registration.

27         (5)  CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.--

28         (a)  The practice of or the offer to practice portable

29  restroom contracting services by registrants through a parent

30  corporation, corporation, subsidiary of a corporation, or

31  partnership offering portable restroom contracting services to

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




 1  the public as agents, employers, officers, or partners is

 2  permitted if one or more of the principal officers of the

 3  corporation or one or more partners of the partnership and all

 4  personnel of the corporation or partnership who act on its

 5  behalf as portable restroom contractors in this state are

 6  registered as provided by this section and if the corporation

 7  or partnership has been issued a certificate of authorization

 8  by the department as provided in this section. A registered

 9  contractor may not be the sole qualifying contractor for more

10  than one business that requests a certificate of

11  authorization. A business organization that loses its

12  qualifying contractor has 60 days following the date the

13  qualifier terminates his or her affiliation within which to

14  obtain another qualifying contractor. During this period, the

15  business organization may complete any existing contract or

16  continuing contract, but may not undertake any new contract.

17  This period may be extended once by the department for an

18  additional 60 days upon a showing of good cause. This section

19  may not be construed to mean that a certificate of

20  registration to practice portable restroom contracting must be

21  held by a corporation. A corporation or partnership is not

22  relieved of responsibility for the conduct or acts of its

23  agents, employees, or officers by reason of its compliance

24  with this section, and an individual practicing portable

25  restroom contracting is not relieved of responsibility for

26  professional services performed by reason of his or her

27  employment or relationship with a corporation or partnership.

28         (b)  For the purposes of this section, a certificate of

29  authorization shall be required for a corporation, a

30  partnership, an association, or a person practicing under a

31  fictitious name when offering portable restroom contracting

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




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

 2  practicing portable restroom contracting in his or her own

 3  given name, he or she is not required to register under this

 4  section.

 5         (c)  Each certification of authorization shall be

 6  renewed every 2 years. Each partnership and corporation

 7  certified under this section shall notify the department

 8  within 1 month after any change in the information contained

 9  in the application upon which the certification is based.

10         (d)  Disciplinary action against a corporation or

11  partnership shall be administered in the same manner and on

12  the same grounds as disciplinary action against a registered

13  portable restroom contractor.

14         (e)  When a certificate of authorization has been

15  revoked, any person authorized by law to provide portable

16  restroom contracting services may not use the name or

17  fictitious name of the entity whose certificate was revoked,

18  or any other identifiers for the entity, including telephone

19  numbers, advertisements, or logos.

20         (6)  SUSPENSION OR REVOCATION OF REGISTRATION.--A

21  certificate of registration may be suspended or revoked upon a

22  showing that the registrant has:

23         (a)  Violated any provision of this section.

24         (b)  Violated any lawful order or rule rendered or

25  adopted by the department.

26         (c)  Obtained his or her registration or any other

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

28  misrepresentation, or concealment of material facts.

29         (d)  Been found guilty of gross misconduct in the

30  pursuit of his or her profession.

31         (7)  FEES; ESTABLISHMENT.--

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




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

 2  follows:

 3         1.  For registration as a portable restroom contractor:

 4         a.  Application and examination fee:  not less than $25

 5  nor more than $75.

 6         b.  Initial registration fee:  not less than $50 nor

 7  more than $100.

 8         c.  Renewal of registration fee:  not less than $50 nor

 9  more than $100.

10         2.  For certification of a partnership or corporation:

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

12         (b)  Fees established pursuant to paragraph (a) shall

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

14  carrying out its registration and other related

15  responsibilities under this section.

16         (8)  PENALTIES AND PROHIBITIONS.--

17         (a)  Any person who violates any provision of this

18  section commits a misdemeanor of the first degree, punishable

19  as provided in s. 775.082 or s. 775.083.

20         (b)  The department may deny a registration,

21  authorization, or registration renewal if it determines that

22  an applicant does not meet all requirements of this section,

23  has violated any provision of this section, or has been

24  assessed an administrative penalty by the department which

25  remains outstanding if the penalty is final agency action and

26  all judicial review have been exhausted. Any applicant

27  aggrieved by such denial is entitled to a hearing, after

28  reasonable notice thereof, upon filing a written request for

29  such hearing in accordance with chapter 120.

30         Section 2.  Paragraph (k) of subsection (2) of section

31  381.0066, Florida Statutes, is amended to read:

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    Florida Senate - 2003                            CS for SB 476
    315-2002-03




 1         381.0066  Onsite sewage treatment and disposal systems;

 2  fees.--

 3         (2)  The minimum fees in the following fee schedule

 4  apply until changed by rule by the department within the

 5  following limits:

 6         (k)  Research: An additional $5 fee shall be added to

 7  each new system construction permit issued during fiscal years

 8  1996-2003 to be used for onsite sewage treatment and disposal

 9  system research, demonstration, and training projects. Five

10  dollars from any repair permit fee collected under this

11  section shall be used for funding the hands-on training

12  centers described in s. 381.0065(3)(j).

13  

14  The funds collected pursuant to this subsection must be

15  deposited in a trust fund administered by the department, to

16  be used for the purposes stated in this section and ss.

17  381.0065 and 381.00655.

18         Section 3.  This act shall take effect October 1, 2003.

19  

20          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
21                              SB 476

22                                 

23  The Committee Substitute places the provisions of the bill s.
    381.0069, F.S., rather than creating Part IV of ch. 489, F.S.
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