Bill Text: HB 0537, Engrossed 1

HB 0537, Engrossed 1

2003

A bill to be entitled

An act relating to environmental health; creating s.

381.0069, F.S.; providing for the regulation of portable

restroom contracting; providing definitions; requiring a

portable restroom contractor to apply for registration with

the Department of Health; providing requirements for

registration, including an examination; providing for

administration; providing rulemaking authority; providing for

renewal of registration, including continuing education;

providing for certification of partnerships and corporations;

providing grounds for suspension or revocation of

registration; providing fees; providing penalties and

prohibitions; amending s. 381.0061, F.S.; authorizing

imposition of an administrative fine for violation of

portable restroom contracting requirements; amending s.

381.0065, F.S.; authorizing the department to enter the

business premises of any portable restroom contractor for

compliance determination and enforcement; authorizing

issuance of a citation for violation of portable restroom

contracting requirements which may contain an order of

correction or a fine; amending s. 381.0066, F.S.; authorizing

the continuation of permit fees for system construction

permits for onsite sewage treatment and disposal systems;

providing an effective date.

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

Section 1. Section 381.0069, Florida Statutes, is created

to read:

381.0069 Portable restroom contracting.--

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

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

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

toilets, or portable restroom facilities intended for use on a

permanent or nonpermanent basis, including such facilities

placed at construction sites when workers are present.

restroom contractor who has knowledge of state health code law

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

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

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

to handle, transport, and dispose of domestic portable restroom

and portable holding tank wastewater.

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

or herself out as a portable restroom contractor in this state

unless he or she is registered by the department in accordance

with this section. However, this section does not prohibit any

person licensed pursuant to s. 489.105(3)(m) or part III of

chapter 489 from engaging in the profession for which he or she

is licensed. This section shall not apply to an entity defined

in s. 403.70605(4)(b).

(3) ADMINISTRATION OF SECTION; REGISTRATION

QUALIFICATIONS; EXAMINATION.--

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

section shall apply to the department in writing upon forms

prepared and furnished by the department.

(b) The department shall administer, coordinate, and

enforce the provisions of this section, administer the

examination for applicants, and be responsible for the granting

of certificates of registration to qualified persons.

120.536(1) and 120.54 to administer this section that establish

ethical standards of practice, requirements for registering as a

contractor, requirements for obtaining an initial or renewal

certificate of registration, disciplinary guidelines, and

requirements for the certification of partnerships and

corporations. The department may amend or repeal the rules in

accordance with chapter 120.

(d) To be eligible for registration by the department as a

portable restroom contractor, the applicant shall:

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

character, the department may consider any matter that has a

substantial connection between the good moral character of the

applicant and the professional responsibilities of a registered

contractor, including, but not limited to, the applicant's being

convicted or found guilty of, or entering a plea of nolo

contendere to, regardless of adjudication, a crime in any

jurisdiction that directly relates to the practice of

contracting or the ability to practice contracting and previous

disciplinary action involving portable restroom contracting for

which all judicial reviews have been completed.

2. Pass an examination approved by the department which

demonstrates that the applicant has a fundamental knowledge of

the state laws relating to the installation, maintenance, and

wastewater disposal of portable restrooms, portable sinks, and

portable holding tanks.

3. Be at least 18 years of age.

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

serving an apprenticeship as a skilled worker under the

supervision and control of a registered portable restroom

contractor. Related work experience or educational experience

may be substituted for no more than 2 years of active

contracting experience. Each 30 hours of coursework approved by

the department shall be substituted for 6 months of work

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

year-for-year basis for any applicant who demonstrates that he

or she holds a current license issued by another state for

portable restroom contracting which was issued upon satisfactory

completion of an examination and continuing education courses

100

that are equivalent to the requirements in this state.

101

Individuals from a state with no state certification who have

102

successfully completed a written examination provided by the

103

Portable Sanitation Association International shall only be

104

required to take the written portion of the examination that

105

includes state health code law and rules. For purposes of this

106

section, an equivalent examination must include the topics of

107

state health code law and rules applicable to portable restrooms

108

and the knowledge required to handle, deliver, and pick up

109

sanitary portable restrooms; to install, handle, and maintain

110

portable holding tanks; and to handle, transport, and dispose of

111

domestic portable restroom and portable holding tank wastewater.

112

A person employed by and under the supervision of a licensed

113

contractor shall be granted up to 2 years of related work

114

experience.

115

5. Have not had a registration revoked the effective date

116

of which was less than 5 years before the application.

117

(e) The department shall provide each applicant for

118

registration pursuant to this section with a copy of this

119

section and any rules adopted under this section. The department

120

may also prepare and disseminate such other material and

121

questionnaires as it deems necessary to effectuate the

122

registration provisions of this section.

123

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

124

state by a portable restroom service holding a permit issued by

125

the department on or before October 1, 2003, has until October

126

1, 2004, to be registered by the department in accordance with

127

this section and may continue to perform portable restroom

128

contracting services until that time. Such persons are exempt

129

until October 1, 2004, from the 3 years' active work experience

130

requirement of subparagraph (d)4.

131

(4) REGISTRATION RENEWAL.--

132

(a) The department shall prescribe by rule the method for

133

approval of continuing education courses and for renewal of

134

annual registration, for inactive status for late filing of

135

renewal applications, for allowing contractors to hold their

136

registration in inactive status for a specified period, and for

137

reactivating registrations. At a minimum, annual renewal shall

138

include continuing education requirements of not less than 6

139

classroom hours annually for portable restroom contractors.

140

(b) Certificates of registration shall become inactive

141

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

142

certificate that has become inactive may be reactivated under

143

this section by application to the department. A registered

144

contractor may apply to the department for voluntary inactive

145

status at any time during the period of registration.

146

(5) CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.--

147

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

148

restroom contracting services by registrants through a parent

149

corporation, corporation, subsidiary of a corporation, or

150

partnership offering portable restroom contracting services to

151

the public through registrants under this section as agents,

152

employers, officers, or partners is permitted if one or more of

153

the principal officers of the corporation or one or more

154

partners of the partnership and all personnel of the corporation

155

or partnership who act on its behalf as portable restroom

156

contractors in this state are registered as provided by this

157

section and if the corporation or partnership has been issued a

158

certificate of authorization by the department as provided in

159

this subsection. A registered contractor may not be the sole

160

qualifying contractor for more than one business that requests a

161

certificate of authorization. A business organization that loses

162

its qualifying contractor has 60 days following the date the

163

qualifier terminates his or her affiliation within which to

164

obtain another qualifying contractor. During this period, the

165

business organization may complete any existing contract or

166

continuing contract, but may not undertake any new contract.

167

This period may be extended once by the department for an

168

additional 60 days upon a showing of good cause. This subsection

169

may not be construed to mean that a certificate of registration

170

to practice portable restroom contracting must be held by a

171

corporation. A corporation or partnership is not relieved of

172

responsibility for the conduct or acts of its agents, employees,

173

or officers by reason of its compliance with this subsection,

174

and an individual practicing portable restroom contracting is

175

not relieved of responsibility for professional services

176

performed by reason of his or her employment or relationship

177

with a corporation or partnership.

178

(b) For the purposes of this subsection, a certificate of

179

authorization shall be required for a corporation, a

180

partnership, an association, or a person practicing under a

181

fictitious name when offering portable restroom contracting

182

services to the public, except that when an individual is

183

practicing portable restroom contracting in his or her own given

184

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

185

subsection.

186

187

every 2 years. Each partnership and corporation certified under

188

this subsection shall notify the department within 1 month after

189

any change in the information contained in the application upon

190

which the certification is based.

191

(d) Disciplinary action against a corporation or

192

partnership shall be administered in the same manner and on the

193

same grounds as disciplinary action against a registered

194

portable restroom contractor.

195

(e) When a certificate of authorization has been revoked,

196

any person authorized by law to provide portable restroom

197

contracting services may not use the name or fictitious name of

198

the entity whose certificate was revoked, or any other

199

identifiers for the entity, including telephone numbers,

200

advertisements, or logos.

201

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

202

certificate of registration may be suspended or revoked upon a

203

showing that the registrant has:

204

(a) Violated any provision of this section.

205

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

206

by the department.

207

208

ruling, or authorization by means of fraud, misrepresentation,

209

or concealment of material facts.

210

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

211

of his or her profession.

212

(7) FEES; ESTABLISHMENT.--

213

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

214

follows:

215

1. For registration as a portable restroom contractor:

216

a. Application and examination fee: not less than $25 nor

217

more than $75.

218

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

219

than $100.

220

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

221

than $100.

222

2. For certification of a partnership or corporation: not

223

less than $100 nor more than $250.

224

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

225

based on the actual costs incurred by the department in carrying

226

out its registration and other related responsibilities under

227

this section.

228

(8) PENALTIES AND PROHIBITIONS.--

229

(a) A person who violates any provision of this section

230

commits a misdemeanor of the first degree, punishable as

231

provided in s. 775.082 or s. 775.083.

232

(b) The department may deny a registration, authorization,

233

or registration renewal if it determines that an applicant does

234

not meet all requirements of this section or has violated any

235

provision of this section or if there is any outstanding

236

administrative penalty with the department in which the penalty

237

is final agency action and all judicial reviews are exhausted.

238

Any applicant aggrieved by such denial is entitled to a hearing,

239

after reasonable notice thereof, upon filing a written request

240

for such hearing in accordance with chapter 120.

241

Section 2. Subsection (1) of section 381.0061, Florida

242

Statutes, is amended to read:

243

381.0061 Administrative fines.--

244

(1) In addition to any administrative action authorized by

245

chapter 120 or by other law, the department may impose a fine,

246

which shall not exceed $500 for each violation, for a violation

247

of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069,s.

248

381.0072, or part III of chapter 489, for a violation of any

249

rule adopted under this chapter, or for a violation of any of

250

the provisions of chapter 386. Notice of intent to impose such

251

fine shall be given by the department to the alleged violator.

252

Each day that a violation continues may constitute a separate

253

violation.

254

Section 3. Subsection (5) of section 381.0065, Florida

255

Statutes, is amended to read:

256

381.0065 Onsite sewage treatment and disposal systems;

257

regulation.--

258

(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--

259

(a) Department personnel who have reason to believe

260

noncompliance exists, may at any reasonable time, enter the

261

premises permitted under ss. 381.0065-381.0066, orthe business

262

premises of any septic tank contractor or master septic tank

263

contractor registered under part III of chapter 489, the

264

business premises of any portable restroom contractor registered

265

under s. 381.0069,or any premises that the department has

266

reason to believe is being operated or maintained not in

267

compliance, to determine compliance with the provisions of this

268

section, part I of chapter 386, or part III of chapter 489 or

269

rules or standards adopted under ss. 381.0065-381.0067, s.

270

381.0069,part I of chapter 386, or part III of chapter 489. As

271

used in this paragraph, the term "premises" does not include a

272

residence or private building. To gain entry to a residence or

273

private building, the department must obtain permission from the

274

owner or occupant or secure an inspection warrant from a court

275

of competent jurisdiction.

276

(b)1. The department may issue citations that may contain

277

an order of correction or an order to pay a fine, or both, for

278

violations of ss. 381.0065-381.0067, s. 381.0069,part I of

279

chapter 386, or part III of chapter 489 or the rules adopted by

280

the department, when a violation of these sections or rules is

281

enforceable by an administrative or civil remedy, or when a

282

violation of these sections or rules is a misdemeanor of the

283

second degree. A citation issued under ss. 381.0065-381.0067, s.

284

381.0069,part I of chapter 386, or part III of chapter 489

285

constitutes a notice of proposed agency action.

286

2. A citation must be in writing and must describe the

287

particular nature of the violation, including specific reference

288

to the provisions of law or rule allegedly violated.

289

3. The fines imposed by a citation issued by the

290

department may not exceed $500 for each violation. Each day the

291

violation exists constitutes a separate violation for which a

292

citation may be issued.

293

4. The department shall inform the recipient, by written

294

notice pursuant to ss. 120.569 and 120.57, of the right to an

295

administrative hearing to contest the citation within 21 days

296

after the date the citation is received. The citation must

297

contain a conspicuous statement that if the recipient fails to

298

pay the fine within the time allowed, or fails to appear to

299

contest the citation after having requested a hearing, the

300

recipient has waived the recipient's right to contest the

301

citation and must pay an amount up to the maximum fine.

302

5. The department may reduce or waive the fine imposed by

303

the citation. In determining whether to reduce or waive the

304

fine, the department must consider the gravity of the violation,

305

the person's attempts at correcting the violation, and the

306

person's history of previous violations including violations for

307

which enforcement actions were taken under ss. 381.0065-

308

381.0067, s. 381.0069,part I of chapter 386, part III of

309

chapter 489, or other provisions of law or rule.

310

6. Any person who willfully refuses to sign and accept a

311

citation issued by the department commits a misdemeanor of the

312

second degree, punishable as provided in s. 775.082 or s.

313

775.083.

314

7. The department, pursuant to ss. 381.0065-381.0067, s.

315

381.0069,part I of chapter 386, or part III of chapter 489,

316

shall deposit any fines it collects in the county health

317

department trust fund for use in providing services specified in

318

those sections.

319

8. This section provides an alternative means of enforcing

320

ss. 381.0065-381.0067, s. 381.0069,part I of chapter 386, and

321

part III of chapter 489. This section does not prohibit the

322

department from enforcing ss. 381.0065-381.0067, s. 381.0069,

323

part I of chapter 386, or part III of chapter 489, or its rules,

324

by any other means. However, the department must elect to use

325

only a single method of enforcement for each violation.

326

Section 4. Paragraph (k) of subsection (2) of section

327

381.0066, Florida Statutes, is amended to read:

328

381.0066 Onsite sewage treatment and disposal systems;

329

fees.--

330

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

331

until changed by rule by the department within the following

332

limits:

333

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

334

new system construction permit issued ~~during fiscal years 1996-~~

335

~~2003~~to be used for onsite sewage treatment and disposal system

336

research, demonstration, and training projects. Five dollars

337

from any repair permit fee collected under this section shall be

338

used for funding the hands-on training centers described in s.

339

381.0065(3)(j).

340

341

The funds collected pursuant to this subsection must be

342

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

343

used for the purposes stated in this section and ss. 381.0065

344

and 381.00655.

345

Section 5. This act shall take effect July 1, 2003.