HB 0651 2004
1	A bill to be entitled
2	An act relating to environmental health; creating s.
3	381.0069, F.S.; providing for the regulation of portable
4	restroom contracting; providing definitions; requiring a
5	portable restroom contractor to apply for registration
6	with the Department of Health; providing requirements for
7	registration, including an examination; providing
8	exemptions; providing for administration; providing
9	rulemaking authority; providing for renewal of
10	registration, including continuing education; providing
11	for certification of partnerships and corporations;
12	providing grounds for suspension or revocation of
13	registration; providing fees; providing penalties and
14	prohibitions; amending s. 381.0061, F.S.; authorizing
15	imposition of an administrative fine for violation of
16	portable restroom contracting requirements; amending s.
17	381.0065, F.S.; specifying the department's powers and
18	duties with respect to the regulation of portable restroom
19	facilities and the companies that provide and service
20	them; authorizing the department to enter the business
21	premises of any portable restroom contractor for
22	compliance determination and enforcement; authorizing
23	issuance of a citation for violation of portable restroom
24	contracting requirements which may contain an order of
25	correction or a fine; amending s. 381.0066, F.S.;
26	authorizing the continuation of permit fees for system
27	construction permits for onsite sewage treatment and
28	disposal systems; providing an effective date.
29
30	Be It Enacted by the Legislature of the State of Florida:
31
32	Section 1. Section 381.0069, Florida Statutes, is created
33	to read:
34	381.0069 Portable restroom contracting.--
35	(1) DEFINITIONS.--As used in this section, the term:
36	(a) "Department" means the Department of Health.
37	(b) "Portable restroom" means any holding tank, portable
38	toilet, mobile restroom trailer, mobile shower trailer, or
39	portable restroom facility intended for use on a permanent or
40	nonpermanent basis, including any such facility placed at a
41	construction site when workers are present.
42	(c) "Portable restroom contractor" means a portable
43	restroom contractor who has knowledge of state health code law
44	and rules and has the experience, knowledge, and skills to
45	handle, deliver, and pick up sanitary portable restrooms, to
46	install, safely handle, and maintain portable holding tanks, and
47	to handle, transport, and dispose of domestic portable restroom
48	and portable holding tank wastewater.
49	(2) REGISTRATION REQUIRED.--A person may not hold himself
50	or herself out as a portable restroom contractor in this state
51	unless he or she is registered by the department in accordance
52	with this section. However, this section does not prohibit any
53	person licensed pursuant to s. 489.105(3)(m) or part III of
54	chapter 489 from engaging in the profession for which he or she
55	is licensed. This section does not apply to an entity defined in
56	s. 403.70605(4)(b).
57	(3) ADMINISTRATION OF SECTION; REGISTRATION QUALIFICATIONS;
58	EXAMINATION.--
59	(a) Each person desiring to be registered pursuant to this
60	section shall apply to the department in writing upon forms
61	prepared and furnished by the department.
62	(b) The department shall administer, coordinate, and
63	enforce the provisions of this section, administer the
64	examination for applicants, and be responsible for the granting
65	of certificates of registration to qualified persons.
66	(c) The department shall adopt rules pursuant to ss.
67	120.536(1) and 120.54 to administer this section that establish
68	ethical standards of practice, requirements for registering as a
69	contractor, requirements for obtaining an initial or renewal
70	certificate of registration, disciplinary guidelines, and
71	requirements for the certification of partnerships and
72	corporations. The department may amend or repeal the rules in
73	accordance with chapter 120.
74	(d) To be eligible for registration by the department as a
75	portable restroom contractor, the applicant shall:
76	1. Be of good moral character. In considering good moral
77	character, the department may consider any matter that has a
78	substantial connection between the good moral character of the
79	applicant and the professional responsibilities of a registered
80	contractor, including, but not limited to, the applicant's being
81	convicted or found guilty of, or entering a plea of nolo
82	contendere to, regardless of adjudication, a crime in any
83	jurisdiction that directly relates to the practice of contracting
84	or the ability to practice contracting and previous disciplinary
85	action involving portable restroom contracting for which all
86	judicial reviews have been completed.
87	2. Pass an examination approved by the department which
88	demonstrates that the applicant has a fundamental knowledge of
89	the state laws relating to the installation, maintenance, and
90	wastewater disposal of portable restrooms, portable sinks, and
91	portable holding tanks.
92	3. Be at least 18 years of age.
93	4. Have a total of at least 3 years of active experience
94	serving an apprenticeship as a skilled worker under the
95	supervision and control of a registered portable restroom
96	contractor. Related work experience or educational experience may
97	be substituted for no more than 2 years of active contracting
98	experience. Each 30 hours of coursework approved by the
99	department shall be substituted for 6 months of work experience.
100	Out-of-state work experience shall be accepted on a year-for-year
101	basis for any applicant who demonstrates that he or she holds a
102	current license issued by another state for portable restroom
103	contracting which was issued upon satisfactory completion of an
104	examination and continuing education courses that are equivalent
105	to the requirements in this state. Individuals from a state with
106	no state certification who have successfully completed a written
107	examination provided by the Portable Sanitation Association
108	International shall only be required to take the written portion
109	of the examination that includes state health code law and rules.
110	For purposes of this section, an equivalent examination must
111	include the topics of state health code law and rules applicable
112	to portable restrooms and the knowledge required to handle,
113	deliver, and pick up sanitary portable restrooms; to install,
114	handle, and maintain portable holding tanks; and to handle,
115	transport, and dispose of domestic portable restroom and portable
116	holding tank wastewater. A person employed by and under the
117	supervision of such an out-of-state licensed contractor shall be
118	granted up to 2 years of related work experience.
119	5. Have not had a registration revoked the effective date
120	of which was less than 5 years before the application.
121	(e) The department shall provide each applicant for
122	registration pursuant to this section with a copy of this section
123	and any rules adopted under this section. The department may also
124	prepare and disseminate such other material and questionnaires as
125	it deems necessary to effectuate the registration provisions of
126	this section.
127	(f) Any person who was employed 1 or more years in this
128	state by a portable restroom service holding a permit issued by
129	the department on or before October 1, 2004, has until October 1,
130	2005, to be registered by the department in accordance with this
131	section and may continue to perform portable restroom contracting
132	services until that time. Such persons are exempt until October
133	1, 2005, from the 3 years' active work experience requirement of
134	subparagraph (d)4.
135	(4) REGISTRATION RENEWAL.--
136	(a) The department shall prescribe by rule the method for
137	approval of continuing education courses and for renewal of
138	annual registration, for reverting to inactive status for late
139	filing of renewal applications, for allowing contractors to hold
140	their registration in inactive status for a specified period, and
141	for reactivating registrations. At a minimum, annual renewal
142	shall include continuing education requirements of not less than
143	6 classroom hours annually for portable restroom contractors.
144	(b) Certificates of registration shall become inactive when
145	a renewal application is not filed in a timely manner. A
146	certificate that has become inactive may be reactivated under
147	this section by application to the department. A registered
148	contractor may apply to the department for voluntary inactive
149	status at any time during the period of registration.
150	(5) CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.--
151	(a) The practice of or the offer to practice portable
152	restroom contracting services by registrants through a parent
153	corporation, corporation, subsidiary of a corporation, or
154	partnership offering portable restroom contracting services to
155	the public through registrants under this section as agents,
156	employers, officers, or partners is permitted if one or more of
157	the principal officers of the corporation or one or more partners
158	of the partnership and all personnel of the corporation or
159	partnership who act on its behalf as portable restroom
160	contractors in this state are registered as provided by this
161	section and if the corporation or partnership has been issued a
162	certificate of authorization by the department as provided in
163	this subsection. An agent of the corporation may be a manager of
164	the corporation only when no officers of the corporation reside
165	in the State of Florida. In this case, the corporation must
166	provide a notarized letter of authorization for one or more
167	managers to act as the agent and registered contractor on behalf
168	of all matters of the corporation. This authorization must
169	provide the list of names and addresses of all officers and
170	include a statement that it in no way removes any responsibility
171	from the officers of the corporation. A registered contractor may
172	not be the sole qualifying contractor for more than one business
173	that requests a certificate of authorization. A business
174	organization that loses its qualifying contractor has 60 days
175	following the date the qualifier terminates his or her
176	affiliation within which to obtain another qualifying contractor.
177	During this period, the business organization may complete any
178	existing contract or continuing contract but may not undertake
179	any new contract. This period may be extended once by the
180	department for an additional 60 days upon a showing of good
181	cause. This subsection may not be construed to mean that a
182	certificate of registration to practice portable restroom
183	contracting must be held by a corporation. A corporation or
184	partnership is not relieved of responsibility for the conduct or
185	acts of its agents, employees, or officers by reason of its
186	compliance with this subsection, and an individual practicing
187	portable restroom contracting is not relieved of responsibility
188	for professional services performed by reason of his or her
189	employment or relationship with a corporation or partnership.
190	(b) For the purposes of this subsection, a certificate of
191	authorization shall be required for a corporation, a partnership,
192	an association, or a person practicing under a fictitious name
193	when offering portable restroom contracting services to the
194	public, except that when an individual is practicing portable
195	restroom contracting in his or her own given name, he or she is
196	not required to register under this subsection.
197	(c) Each certification of authorization shall be renewed
198	every 2 years. Each partnership and corporation certified under
199	this subsection shall notify the department within 1 month after
200	any change in the information contained in the application upon
201	which the certification is based.
202	(d) Disciplinary action against a corporation or
203	partnership shall be administered in the same manner and on the
204	same grounds as disciplinary action against a registered portable
205	restroom contractor.
206	(e) When a certificate of authorization has been revoked,
207	any person authorized by law to provide portable restroom
208	contracting services may not use the name or fictitious name of
209	the entity whose certificate was revoked or any other identifiers
210	for the entity, including telephone numbers, advertisements, or
211	logos.
212	(6) SUSPENSION OR REVOCATION OF REGISTRATION.--A
213	certificate of registration may be suspended or revoked upon a
214	showing that the registrant has:
215	(a) Violated any provision of this section.
216	(b) Violated any lawful order or rule rendered or adopted
217	by the department.
218	(c) Obtained his or her registration or any other order,
219	ruling, or authorization by means of fraud, misrepresentation, or
220	concealment of material facts.
221	(d) Been found guilty of gross misconduct in the pursuit of
222	his or her profession.
223	(7) FEES; ESTABLISHMENT.--
224	(a) The department shall, by rule, establish fees as
225	follows:
226	1. For registration as a portable restroom contractor:
227	a. Application and examination fee: not less than $25 nor
228	more than $75.
229	b. Initial registration fee: not less than $50 nor more
230	than $100.
231	c. Renewal of registration fee: not less than $50 nor more
232	than $100.
233	2. For certification of a partnership or corporation: not
234	less than $100 nor more than $250.
235	(b) Fees established pursuant to paragraph (a) shall be
236	based on the actual costs incurred by the department in carrying
237	out its registration and other related responsibilities under
238	this section.
239	(8) PENALTIES AND PROHIBITIONS.--
240	(a) A person who violates any provision of this section
241	commits a misdemeanor of the first degree, punishable as provided
242	in s. 775.082 or s. 775.083.
243	(b) The department may deny a registration, authorization,
244	or registration renewal if it determines that an applicant does
245	not meet all requirements of this section or has violated any
246	provision of this section or if there is any outstanding
247	administrative penalty with the department in which the penalty
248	is final agency action and all judicial reviews are exhausted.
249	Any applicant aggrieved by such denial is entitled to a hearing,
250	after reasonable notice thereof, upon filing a written request
251	for such hearing in accordance with chapter 120.
252	Section 2. Subsection (1) of section 381.0061, Florida
253	Statutes, is amended to read:
254	381.0061 Administrative fines.--
255	(1) In addition to any administrative action authorized by
256	chapter 120 or by other law, the department may impose a fine,
257	which shall not exceed $500 for each violation, for a violation
258	of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069,s.
259	381.0072, or part III of chapter 489, for a violation of any
260	rule adopted under this chapter, or for a violation of any of
261	the provisions of chapter 386. Notice of intent to impose such
262	fine shall be given by the department to the alleged violator.
263	Each day that a violation continues may constitute a separate
264	violation.
265	Section 3. Paragraph (m) of subsection (3) and subsection
266	(5) of section 381.0065, Florida Statutes, are amended to read:
267	381.0065 Onsite sewage treatment and disposal systems;
268	regulation.--
269	(3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
270	department shall:
271	(m) Regulate the use of portable restrooms, mobile
272	restrooms, mobile shower trailers, and Permit and inspect
273	portable or stationary temporary toilet services andholding
274	tanks; regulate, permit, and inspect the companies that provide
275	and service such facilities;. The department shall review
276	applications, perform site evaluations;,and issue permits for
277	the temporary use of stationary holding tanks, privies, portable
278	toilet services, or any other toilet facility that is intended
279	for use on a permanent or nonpermanent basis, including
280	facilities placed on construction sites when workers are
281	present. The department may specify standards for the
282	construction, maintenance, use, and operation of any such
283	facility for temporary use.
284	(5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
285	(a) Department personnel who have reason to believe
286	noncompliance exists, may,at any reasonable time, enter the
287	premises permitted under ss. 381.0065-381.0066, orthe business
288	premises of any septic tank contractor or master septic tank
289	contractor registered under part III of chapter 489, the
290	business premises of any portable restroom contractor registered
291	under s. 381.0069,or any premises that the department has
292	reason to believe is being operated or maintained not in
293	compliance,to determine compliance with the provisions of this
294	section, part I of chapter 386, or part III of chapter 489 or
295	rules or standards adopted under ss. 381.0065-381.0067, s.
296	381.0069,part I of chapter 386, or part III of chapter 489. As
297	used in this paragraph, the term "premises" does not include a
298	residence or private building. To gain entry to a residence or
299	private building, the department must obtain permission from the
300	owner or occupant or secure an inspection warrant from a court
301	of competent jurisdiction.
302	(b)1. The department may issue citations that may contain
303	an order of correction or an order to pay a fine, or both, for
304	violations of ss. 381.0065-381.0067, s. 381.0069,part I of
305	chapter 386, or part III of chapter 489 or the rules adopted by
306	the department, when a violation of these sections or rules is
307	enforceable by an administrative or civil remedy, or when a
308	violation of these sections or rules is a misdemeanor of the
309	second degree. A citation issued under ss. 381.0065-381.0067, s.
310	381.0069,part I of chapter 386, or part III of chapter 489
311	constitutes a notice of proposed agency action.
312	2. A citation must be in writing and must describe the
313	particular nature of the violation, including specific reference
314	to the provisions of law or rule allegedly violated.
315	3. The fines imposed by a citation issued by the
316	department may not exceed $500 for each violation. Each day the
317	violation exists constitutes a separate violation for which a
318	citation may be issued.
319	4. The department shall inform the recipient, by written
320	notice pursuant to ss. 120.569 and 120.57, of the right to an
321	administrative hearing to contest the citation within 21 days
322	after the date the citation is received. The citation must
323	contain a conspicuous statement that if the recipient fails to
324	pay the fine within the time allowed, or fails to appear to
325	contest the citation after having requested a hearing, the
326	recipient has waived the recipient's right to contest the
327	citation and must pay an amount up to the maximum fine.
328	5. The department may reduce or waive the fine imposed by
329	the citation. In determining whether to reduce or waive the
330	fine, the department must consider the gravity of the violation,
331	the person's attempts at correcting the violation, and the
332	person's history of previous violations including violations for
333	which enforcement actions were taken under ss. 381.0065-
334	381.0067, s. 381.0069,part I of chapter 386, part III of
335	chapter 489, or other provisions of law or rule.
336	6. Any person who willfully refuses to sign and accept a
337	citation issued by the department commits a misdemeanor of the
338	second degree, punishable as provided in s. 775.082 or s.
339	775.083.
340	7. The department, pursuant to ss. 381.0065-381.0067, s.
341	381.0069,part I of chapter 386, or part III of chapter 489,
342	shall deposit any fines it collects in the county health
343	department trust fund for use in providing services specified in
344	those sections.
345	8. This section provides an alternative means of enforcing
346	ss. 381.0065-381.0067, s. 381.0069,part I of chapter 386, and
347	part III of chapter 489. This section does not prohibit the
348	department from enforcing ss. 381.0065-381.0067, s. 381.0069,
349	part I of chapter 386, or part III of chapter 489, or its rules,
350	by any other means. However, the department must elect to use
351	only a single method of enforcement for each violation.
352	Section 4. Paragraph (k) of subsection (2) of section
353	381.0066, Florida Statutes, is amended to read:
354	381.0066 Onsite sewage treatment and disposal systems;
355	fees.--
356	(2) The minimum fees in the following fee schedule apply
357	until changed by rule by the department within the following
358	limits:
359	(k) Research: An additional $5 fee shall be added to each
360	new system construction permit issued during fiscal years 1996-
361	2004to be used for onsite sewage treatment and disposal system
362	research, demonstration, and training projects. Five dollars
363	from any repair permit fee collected under this section shall be
364	used for funding the hands-on training centers described in s.
365	381.0065(3)(j).
366
367	The funds collected pursuant to this subsection must be
368	deposited in a trust fund administered by the department, to be
369	used for the purposes stated in this section and ss. 381.0065
370	and 381.00655.
371	Section 5. This act shall take effect July 1, 2004.