HB 0537 2003
1	CHAMBER ACTION
2
3
4
5
6	The Committee on Finance & Tax recommends the following:
7
8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to environmental health; creating s.
12	381.0069, F.S.; providing for the regulation of portable
13	restroom contracting; providing definitions; requiring a
14	portable restroom contractor to apply for registration with
15	the Department of Health; providing requirements for
16	registration, including an examination; providing for
17	administration; providing rulemaking authority; providing for
18	renewal of registration, including continuing education;
19	providing for certification of partnerships and corporations;
20	providing grounds for suspension or revocation of
21	registration; providing fees; providing penalties and
22	prohibitions; amending s. 381.0061, F.S.; authorizing
23	imposition of an administrative fine for violation of
24	portable restroom contracting requirements; amending s.
25	381.0065, F.S.; authorizing the department to enter the
26	business premises of any portable restroom contractor for
27	compliance determination and enforcement; authorizing
28	issuance of a citation for violation of portable restroom
29	contracting requirements which may contain an order of
30	correction or a fine; amending s. 381.0066, F.S.; authorizing
31	the continuation of permit fees for system construction
32	permits for onsite sewage treatment and disposal systems;
33	providing an effective date.
34
35	Be It Enacted by the Legislature of the State of Florida:
36
37	Section 1. Section 381.0069, Florida Statutes, is created
38	to read:
39	381.0069 Portable restroom contracting.--
40	(1) DEFINITIONS.--As used in this section, the term:
41	(a) "Department" means the Department of Health.
42	(b) "Portable restroom" means holding tanks, portable
43	toilets, or portable restroom facilities intended for use on a
44	permanent or nonpermanent basis, including such facilities
45	placed at construction sites when workers are present.
46	(c) "Portable restroom contractor" means a portable
47	restroom contractor who has knowledge of state health code law
48	and rules and has the experience, knowledge, and skills to
49	handle, deliver, and pick up sanitary portable restrooms, to
50	install, safely handle, and maintain portable holding tanks, and
51	to handle, transport, and dispose of domestic portable restroom
52	and portable holding tank wastewater.
53	(2) REGISTRATION REQUIRED.--A person may not hold himself
54	or herself out as a portable restroom contractor in this state
55	unless he or she is registered by the department in accordance
56	with this section. However, this section does not prohibit any
57	person licensed pursuant to s. 489.105(3)(m) or part III of
58	chapter 489 from engaging in the profession for which he or she
59	is licensed. This section shall not apply to an entity defined
60	in s. 403.70605(4)(b).
61	(3) ADMINISTRATION OF SECTION; REGISTRATION
62	QUALIFICATIONS; EXAMINATION.--
63	(a) Each person desiring to be registered pursuant to this
64	section shall apply to the department in writing upon forms
65	prepared and furnished by the department.
66	(b) The department shall administer, coordinate, and
67	enforce the provisions of this section, administer the
68	examination for applicants, and be responsible for the granting
69	of certificates of registration to qualified persons.
70	(c) The department shall adopt rules pursuant to ss.
71	120.536(1) and 120.54 to administer this section that establish
72	ethical standards of practice, requirements for registering as a
73	contractor, requirements for obtaining an initial or renewal
74	certificate of registration, disciplinary guidelines, and
75	requirements for the certification of partnerships and
76	corporations. The department may amend or repeal the rules in
77	accordance with chapter 120.
78	(d) To be eligible for registration by the department as a
79	portable restroom contractor, the applicant shall:
80	1. Be of good moral character. In considering good moral
81	character, the department may consider any matter that has a
82	substantial connection between the good moral character of the
83	applicant and the professional responsibilities of a registered
84	contractor, including, but not limited to, the applicant's being
85	convicted or found guilty of, or entering a plea of nolo
86	contendere to, regardless of adjudication, a crime in any
87	jurisdiction that directly relates to the practice of
88	contracting or the ability to practice contracting and previous
89	disciplinary action involving portable restroom contracting for
90	which all judicial reviews have been completed.
91	2. Pass an examination approved by the department which
92	demonstrates that the applicant has a fundamental knowledge of
93	the state laws relating to the installation, maintenance, and
94	wastewater disposal of portable restrooms, portable sinks, and
95	portable holding tanks.
96	3. Be at least 18 years of age.
97	4. Have a total of at least 3 years of active experience
98	serving an apprenticeship as a skilled worker under the
99	supervision and control of a registered portable restroom
100	contractor. Related work experience or educational experience
101	may be substituted for no more than 2 years of active
102	contracting experience. Each 30 hours of coursework approved by
103	the department shall be substituted for 6 months of work
104	experience. Out-of-state work experience shall be accepted on a
105	year-for-year basis for any applicant who demonstrates that he
106	or she holds a current license issued by another state for
107	portable restroom contracting which was issued upon satisfactory
108	completion of an examination and continuing education courses
109	that are equivalent to the requirements in this state.
110	Individuals from a state with no state certification who have
111	successfully completed a written examination provided by the
112	Portable Sanitation Association International shall only be
113	required to take the written portion of the examination that
114	includes state health code law and rules. For purposes of this
115	section, an equivalent examination must include the topics of
116	state health code law and rules applicable to portable restrooms
117	and the knowledge required to handle, deliver, and pick up
118	sanitary portable restrooms; to install, handle, and maintain
119	portable holding tanks; and to handle, transport, and dispose of
120	domestic portable restroom and portable holding tank wastewater.
121	A person employed by and under the supervision of a licensed
122	contractor shall be granted up to 2 years of related work
123	experience.
124	5. Have not had a registration revoked the effective date
125	of which was less than 5 years before the application.
126	(e) The department shall provide each applicant for
127	registration pursuant to this section with a copy of this
128	section and any rules adopted under this section. The department
129	may also prepare and disseminate such other material and
130	questionnaires as it deems necessary to effectuate the
131	registration provisions of this section.
132	(f) Any person who was employed 1 or more years in this
133	state by a portable restroom service holding a permit issued by
134	the department on or before October 1, 2003, has until October
135	1, 2004, to be registered by the department in accordance with
136	this section and may continue to perform portable restroom
137	contracting services until that time. Such persons are exempt
138	until October 1, 2004, from the 3 years' active work experience
139	requirement of subparagraph (d)4.
140	(4) REGISTRATION RENEWAL.--
141	(a) The department shall prescribe by rule the method for
142	approval of continuing education courses and for renewal of
143	annual registration, for inactive status for late filing of
144	renewal applications, for allowing contractors to hold their
145	registration in inactive status for a specified period, and for
146	reactivating registrations. At a minimum, annual renewal shall
147	include continuing education requirements of not less than 6
148	classroom hours annually for portable restroom contractors.
149	(b) Certificates of registration shall become inactive
150	when a renewal application is not filed in a timely manner. A
151	certificate that has become inactive may be reactivated under
152	this section by application to the department. A registered
153	contractor may apply to the department for voluntary inactive
154	status at any time during the period of registration.
155	(5) CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.--
156	(a) The practice of or the offer to practice portable
157	restroom contracting services by registrants through a parent
158	corporation, corporation, subsidiary of a corporation, or
159	partnership offering portable restroom contracting services to
160	the public through registrants under this section as agents,
161	employers, officers, or partners is permitted if one or more of
162	the principal officers of the corporation or one or more
163	partners of the partnership and all personnel of the corporation
164	or partnership who act on its behalf as portable restroom
165	contractors in this state are registered as provided by this
166	section and if the corporation or partnership has been issued a
167	certificate of authorization by the department as provided in
168	this subsection. A registered contractor may not be the sole
169	qualifying contractor for more than one business that requests a
170	certificate of authorization. A business organization that loses
171	its qualifying contractor has 60 days following the date the
172	qualifier terminates his or her affiliation within which to
173	obtain another qualifying contractor. During this period, the
174	business organization may complete any existing contract or
175	continuing contract, but may not undertake any new contract.
176	This period may be extended once by the department for an
177	additional 60 days upon a showing of good cause. This subsection
178	may not be construed to mean that a certificate of registration
179	to practice portable restroom contracting must be held by a
180	corporation. A corporation or partnership is not relieved of
181	responsibility for the conduct or acts of its agents, employees,
182	or officers by reason of its compliance with this subsection,
183	and an individual practicing portable restroom contracting is
184	not relieved of responsibility for professional services
185	performed by reason of his or her employment or relationship
186	with a corporation or partnership.
187	(b) For the purposes of this subsection, a certificate of
188	authorization shall be required for a corporation, a
189	partnership, an association, or a person practicing under a
190	fictitious name when offering portable restroom contracting
191	services to the public, except that when an individual is
192	practicing portable restroom contracting in his or her own given
193	name, he or she is not required to register under this
194	subsection.
195	(c) Each certification of authorization shall be renewed
196	every 2 years. Each partnership and corporation certified under
197	this subsection shall notify the department within 1 month after
198	any change in the information contained in the application upon
199	which the certification is based.
200	(d) Disciplinary action against a corporation or
201	partnership shall be administered in the same manner and on the
202	same grounds as disciplinary action against a registered
203	portable restroom contractor.
204	(e) When a certificate of authorization has been revoked,
205	any person authorized by law to provide portable restroom
206	contracting services may not use the name or fictitious name of
207	the entity whose certificate was revoked, or any other
208	identifiers for the entity, including telephone numbers,
209	advertisements, or logos.
210	(6) SUSPENSION OR REVOCATION OF REGISTRATION.--A
211	certificate of registration may be suspended or revoked upon a
212	showing that the registrant has:
213	(a) Violated any provision of this section.
214	(b) Violated any lawful order or rule rendered or adopted
215	by the department.
216	(c) Obtained his or her registration or any other order,
217	ruling, or authorization by means of fraud, misrepresentation,
218	or concealment of material facts.
219	(d) Been found guilty of gross misconduct in the pursuit
220	of his or her profession.
221	(7) FEES; ESTABLISHMENT.--
222	(a) The department shall, by rule, establish fees as
223	follows:
224	1. For registration as a portable restroom contractor:
225	a. Application and examination fee: not less than $25 nor
226	more than $75.
227	b. Initial registration fee: not less than $50 nor more
228	than $100.
229	c. Renewal of registration fee: not less than $50 nor more
230	than $100.
231	2. For certification of a partnership or corporation: not
232	less than $100 nor more than $250.
233	(b) Fees established pursuant to paragraph (a) shall be
234	based on the actual costs incurred by the department in carrying
235	out its registration and other related responsibilities under
236	this section.
237	(8) PENALTIES AND PROHIBITIONS.--
238	(a) A person who violates any provision of this section
239	commits a misdemeanor of the first degree, punishable as
240	provided in s. 775.082 or s. 775.083.
241	(b) The department may deny a registration, authorization,
242	or registration renewal if it determines that an applicant does
243	not meet all requirements of this section or has violated any
244	provision of this section or if there is any outstanding
245	administrative penalty with the department in which the penalty
246	is final agency action and all judicial reviews are exhausted.
247	Any applicant aggrieved by such denial is entitled to a hearing,
248	after reasonable notice thereof, upon filing a written request
249	for such hearing in accordance with chapter 120.
250	Section 2. Subsection (1) of section 381.0061, Florida
251	Statutes, is amended to read:
252	381.0061 Administrative fines.--
253	(1) In addition to any administrative action authorized by
254	chapter 120 or by other law, the department may impose a fine,
255	which shall not exceed $500 for each violation, for a violation
256	of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069,s.
257	381.0072, or part III of chapter 489, for a violation of any
258	rule adopted under this chapter, or for a violation of any of
259	the provisions of chapter 386. Notice of intent to impose such
260	fine shall be given by the department to the alleged violator.
261	Each day that a violation continues may constitute a separate
262	violation.
263	Section 3. Subsection (5) of section 381.0065, Florida
264	Statutes, is amended to read:
265	381.0065 Onsite sewage treatment and disposal systems;
266	regulation.--
267	(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
268	(a) Department personnel who have reason to believe
269	noncompliance exists, may at any reasonable time, enter the
270	premises permitted under ss. 381.0065-381.0066, orthe business
271	premises of any septic tank contractor or master septic tank
272	contractor registered under part III of chapter 489, the
273	business premises of any portable restroom contractor registered
274	under s. 381.0069,or any premises that the department has
275	reason to believe is being operated or maintained not in
276	compliance, to determine compliance with the provisions of this
277	section, part I of chapter 386, or part III of chapter 489 or
278	rules or standards adopted under ss. 381.0065-381.0067, s.
279	381.0069,part I of chapter 386, or part III of chapter 489. As
280	used in this paragraph, the term "premises" does not include a
281	residence or private building. To gain entry to a residence or
282	private building, the department must obtain permission from the
283	owner or occupant or secure an inspection warrant from a court
284	of competent jurisdiction.
285	(b)1. The department may issue citations that may contain
286	an order of correction or an order to pay a fine, or both, for
287	violations of ss. 381.0065-381.0067, s. 381.0069,part I of
288	chapter 386, or part III of chapter 489 or the rules adopted by
289	the department, when a violation of these sections or rules is
290	enforceable by an administrative or civil remedy, or when a
291	violation of these sections or rules is a misdemeanor of the
292	second degree. A citation issued under ss. 381.0065-381.0067, s.
293	381.0069,part I of chapter 386, or part III of chapter 489
294	constitutes a notice of proposed agency action.
295	2. A citation must be in writing and must describe the
296	particular nature of the violation, including specific reference
297	to the provisions of law or rule allegedly violated.
298	3. The fines imposed by a citation issued by the
299	department may not exceed $500 for each violation. Each day the
300	violation exists constitutes a separate violation for which a
301	citation may be issued.
302	4. The department shall inform the recipient, by written
303	notice pursuant to ss. 120.569 and 120.57, of the right to an
304	administrative hearing to contest the citation within 21 days
305	after the date the citation is received. The citation must
306	contain a conspicuous statement that if the recipient fails to
307	pay the fine within the time allowed, or fails to appear to
308	contest the citation after having requested a hearing, the
309	recipient has waived the recipient's right to contest the
310	citation and must pay an amount up to the maximum fine.
311	5. The department may reduce or waive the fine imposed by
312	the citation. In determining whether to reduce or waive the
313	fine, the department must consider the gravity of the violation,
314	the person's attempts at correcting the violation, and the
315	person's history of previous violations including violations for
316	which enforcement actions were taken under ss. 381.0065-
317	381.0067, s. 381.0069,part I of chapter 386, part III of
318	chapter 489, or other provisions of law or rule.
319	6. Any person who willfully refuses to sign and accept a
320	citation issued by the department commits a misdemeanor of the
321	second degree, punishable as provided in s. 775.082 or s.
322	775.083.
323	7. The department, pursuant to ss. 381.0065-381.0067, s.
324	381.0069,part I of chapter 386, or part III of chapter 489,
325	shall deposit any fines it collects in the county health
326	department trust fund for use in providing services specified in
327	those sections.
328	8. This section provides an alternative means of enforcing
329	ss. 381.0065-381.0067, s. 381.0069,part I of chapter 386, and
330	part III of chapter 489. This section does not prohibit the
331	department from enforcing ss. 381.0065-381.0067, s. 381.0069,
332	part I of chapter 386, or part III of chapter 489, or its rules,
333	by any other means. However, the department must elect to use
334	only a single method of enforcement for each violation.
335	Section 4. Paragraph (k) of subsection (2) of section
336	381.0066, Florida Statutes, is amended to read:
337	381.0066 Onsite sewage treatment and disposal systems;
338	fees.--
339	(2) The minimum fees in the following fee schedule apply
340	until changed by rule by the department within the following
341	limits:
342	(k) Research: An additional $5 fee shall be added to each
343	new system construction permit issued during fiscal years 1996-
344	2003to be used for onsite sewage treatment and disposal system
345	research, demonstration, and training projects. Five dollars
346	from any repair permit fee collected under this section shall be
347	used for funding the hands-on training centers described in s.
348	381.0065(3)(j).
349
350	The funds collected pursuant to this subsection must be
351	deposited in a trust fund administered by the department, to be
352	used for the purposes stated in this section and ss. 381.0065
353	and 381.00655.
354	Section 5. This act shall take effect July 1, 2003.