HB 0537 2003
1	A bill to be entitled
2	An act relating to environmental health; amending s.
3	381.0066, F.S.; authorizing the continuation of permit
4	fees for system construction permits to be used for onsite
5	sewage treatment and disposal system research,
6	demonstration, and training projects; creating part IV of
7	chapter 489, F.S.; providing definitions; requiring
8	registration and providing requirements therefor,
9	including an examination; providing for administration;
10	providing rulemaking authority; providing for renewal of
11	registration, including continuing education; providing
12	for certification of partnerships and corporations;
13	providing grounds for suspension or revocation of
14	registration; providing fees; providing penalties and
15	prohibitions; providing an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1. Paragraph (k) of subsection (2) of section
20	381.0066, Florida Statutes, is amended to read:
21	381.0066 Onsite sewage treatment and disposal systems;
22	fees.--
23	(2) The minimum fees in the following fee schedule apply
24	until changed by rule by the department within the following
25	limits:
26	(k) Research: An additional $5 fee shall be added to each
27	new system construction permit issued,during fiscal years 1996-
28	2003to be used for onsite sewage treatment and disposal system
29	research, demonstration, and training projects. Five dollars
30	from any repair permit fee collected under this section shall be
31	used for funding the hands-on training centers described in s.
32	381.0065(3)(j).
33
34	The funds collected pursuant to this subsection must be
35	deposited in a trust fund administered by the department, to be
36	used for the purposes stated in this section and ss. 381.0065
37	and 381.00655.
38	Section 2. Part IV of chapter 489, Florida Statutes,
39	consisting of sections 489.661, 489.662, 489.663, 489.664,
40	489.665, 489.666, 489.667, and 489.668, is created to read:
41	PART IV
42	PORTABLE RESTROOM CONTRACTING
43	489.661 Definitions.--As used in this part:
44	(1) "Department" means the Department of Health.
45	(2) "Portable restroom contractor" means a portable
46	restroom contractor whose services are unlimited in the portable
47	restroom trade, who has had at least 3 years' experience as a
48	Florida-registered portable restroom contractor, who has
49	knowledge of state health code law and rules, and who has the
50	experience, knowledge, and skills to handle, deliver, and pick
51	up sanitary portable restrooms, to install, safely handle, and
52	maintain portable holding tanks, and to handle, transport, and
53	dispose of domestic portable restroom and portable holding tank
54	wastewater.
55	489.662 Registration required.--A person shall not hold
56	himself or herself out as a portable restroom contractor in this
57	state unless he or she is registered by the department in
58	accordance with the provisions of this part. However, nothing
59	in this part prohibits any person licensed pursuant to s.
60	489.105(3)(m) or ss. 489.551-489.558 in this state from engaging
61	in the profession for which he or she is licensed.
62	489.663 Administration of part; registration
63	qualifications; examination.--
64	(1) Each person desiring to be registered pursuant to this
65	part shall apply to the department in writing upon forms
66	prepared and furnished by the department.
67	(2) The department shall administer, coordinate, and
68	enforce the provisions of this part, provide qualifications for
69	applicants, administer the examination for applicants, and be
70	responsible for the granting of certificates of registration to
71	qualified persons.
72	(3) The department shall adopt reasonable rules pursuant
73	to ss. 120.536(1) and 120.54 to administer this part, including,
74	but not limited to, rules that establish ethical standards of
75	practice, requirements for registering as a contractor,
76	requirements for obtaining an initial or renewal certificate of
77	registration, disciplinary guidelines, and requirements for the
78	certification of partnerships and corporations. The department
79	may amend or repeal the rules in accordance with chapter 120,
80	the Administrative Procedure Act.
81	(4) To be eligible for registration by the department as a
82	portable restroom contractor, the applicant shall:
83	(a) Be of good moral character. In considering good moral
84	character, the department may consider any matter that has a
85	substantial connection between the good moral character of the
86	applicant and the professional responsibilities of a registered
87	contractor, including, but not limited to, the applicant being
88	convicted or found guilty of, or entering a plea of nolo
89	contendere to, regardless of adjudication, a crime in any
90	jurisdiction that directly relates to the practice of
91	contracting or the ability to practice contracting, and previous
92	disciplinary action involving portable restroom contracting,
93	where all judicial reviews have been completed.
94	(b) Pass an examination approved by the department that
95	demonstrates that the applicant has a fundamental knowledge of
96	the state laws relating to the installation, maintenance, and
97	wastewater disposal of portable restrooms, portable sinks, and
98	portable holding tanks.
99	(c) Be at least 18 years of age.
100	(d) Have a total of at least 3 years of active experience
101	serving an apprenticeship as a skilled worker under the
102	supervision and control of a registered portable restroom
103	contractor. Related work experience or educational experience
104	may be substituted for no more than 2 years of active
105	contracting experience. Each 30 hours of coursework approved by
106	the department shall substitute for 6 months of work experience.
107	Out-of-state work experience shall be accepted on a year-for-
108	year basis for any applicant who demonstrates that he or she
109	holds a current license issued by another state for portable
110	restroom contracting that was issued upon satisfactory
111	completion of an examination and continuing education courses
112	that are equivalent to the requirements in this state.
113	Individuals from a state with no state certification who have
114	successfully completed a written examination provided by the
115	Portable Sanitation Association International shall only be
116	required to take the written portion of the examination that
117	includes state health code law and rules. For purposes of this
118	section, an equivalent examination must include the topics of
119	state health code law and rules applicable to portable restrooms
120	and the knowledge required to handle, deliver, and pick up
121	sanitary portable restrooms; to install, handle, and maintain
122	portable holding tanks; and to handle, transport, and dispose of
123	domestic portable restroom and portable holding tank wastewater.
124	A person employed by and under the supervision of a licensed
125	contractor shall be granted up to 2 years of related work
126	experience.
127	(e) Have not had a registration revoked, the effective
128	date of which was less than 5 years before the application.
129	(5) The department shall provide each applicant for
130	registration pursuant to this part with a copy of this part and
131	any rules adopted under this part. The department may also
132	prepare and disseminate such other material and questionnaires
133	as it deems necessary to effectuate the registration provisions
134	of this part.
135	(6) Any person who was employed 1 or more years in this
136	state by a portable restroom service holding a permit issued by
137	the department on or before October 1, 2003, has until October
138	1, 2004, to be registered by the department in accordance with
139	the provisions of this act and may continue to perform portable
140	restroom contracting services until that time. Such persons are
141	exempt until October 1, 2004, from the 3 years’ active work
142	experience requirement of paragraph (4)(d).
143	489.664 Registration renewal.--The department shall
144	prescribe by rule the method for approval of continuing
145	education courses and for renewal of annual registration. At a
146	minimum, annual renewal shall include continuing education
147	requirements of not less than 6 classroom hours annually for
148	portable restroom contractors.
149	489.665 Certification of partnerships and corporations.--
150	(1) The practice of or the offer to practice portable
151	restroom contracting services by registrants through a parent
152	corporation, corporation, subsidiary of a corporation, or
153	partnership offering portable restroom contracting services to
154	the public through registrants under this chapter as agents,
155	employers, officers, or partners is permitted, provided that one
156	or more of the principal officers of the corporation or one or
157	more partners of the partnership and all personnel of the
158	corporation or partnership who act on its behalf as portable
159	restroom contractors in this state are registered as provided by
160	this part, and further provided that the corporation or
161	partnership has been issued a certificate of authorization by
162	the department as provided in this section. A registered
163	contractor may not be the sole qualifying contractor for more
164	than one business that requests a certificate of authorization.
165	A business organization that loses its qualifying contractor
166	has 60 days following the date the qualifier terminates his or
167	her affiliation within which to obtain another qualifying
168	contractor. During this period, the business organization may
169	complete any existing contract or continuing contract but may
170	not undertake any new contract. This period may be extended
171	once by the department for an additional 60 days upon a showing
172	of good cause. Nothing in this section shall be construed to
173	mean that a certificate of registration to practice portable
174	restroom contracting shall be held by a corporation. No
175	corporation or partnership shall be relieved of responsibility
176	for the conduct or acts of its agents, employees, or officers by
177	reason of its compliance with this section, nor shall any
178	individual practicing portable restroom contracting be relieved
179	of responsibility for professional services performed by reason
180	of his or her employment or relationship with a corporation or
181	partnership.
182	(2) For the purposes of this section, a certificate of
183	authorization shall be required for a corporation, partnership,
184	association, or person practicing under a fictitious name
185	offering portable restroom contracting services to the public,
186	except that when an individual is practicing portable restroom
187	contracting in his or her own given name, he or she shall not be
188	required to register under this section.
189	(3) Each certification of authorization shall be renewed
190	every 2 years. Each partnership and corporation certified under
191	this section shall notify the department within 1 month after
192	any change in the information contained in the application upon
193	which the certification is based.
194	(4) Disciplinary action against a corporation or
195	partnership shall be administered in the same manner and on the
196	same grounds as disciplinary action against a registered
197	portable restroom contractor.
198	(5) When a certificate of authorization has been revoked,
199	any person authorized by law to provide portable restroom
200	contracting services may not use the name or fictitious name of
201	the entity whose certificate was revoked, or any other
202	identifiers for the entity, including telephone numbers,
203	advertisements, or logos.
204	489.666 Suspension or revocation of registration.--A
205	certificate of registration may be suspended or revoked upon a
206	showing that the registrant has:
207	(1) Violated any provision of this part.
208	(2) Violated any lawful order or rule rendered or adopted
209	by the department.
210	(3) Obtained his or her registration or any other order,
211	ruling, or authorization by means of fraud, misrepresentation,
212	or concealment of material facts.
213	(4) Been found guilty of gross misconduct in the pursuit
214	of his or her profession.
215	489.667 Fees; establishment.--
216	(1) The department shall, by rule, establish fees as
217	follows:
218	(a) For portable restroom contractor registration:
219	1. Application and examination fee: not less than $25 nor
220	more than $75.
221	2. Initial registration fee: not less than $50 nor more
222	than $100.
223	3. Renewal of registration fee: not less than $50 nor
224	more than $100.
225	(b) Certification of partnerships and corporations: not
226	less than $100 nor more than $250.
227	(2) Fees established pursuant to subsection (1) shall be
228	based on the actual costs incurred by the department in carrying
229	out its registration and other related responsibilities under
230	this part.
231	489.668 Penalties and prohibitions.--
232	(1) Any person who violates any provision of this part
233	commits a misdemeanor of the first degree, punishable as
234	provided in s. 775.082 or s. 775.083.
235	(2) The department may deny a registration if it
236	determines that an applicant does not meet all requirements of
237	this part or has violated any provision of this part. Any
238	applicant aggrieved by such denial shall be entitled to a
239	hearing, after reasonable notice thereof, upon filing a written
240	request for such hearing in accordance with chapter 120.
241	Section 3. This act shall take effect July 1, 2003.