HB 0651CS

CHAMBER ACTION




1The Committee on Health Care recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to environmental health; creating s.
7381.0069, F.S.; providing for the regulation of portable
8restroom contracting; providing definitions; requiring a
9portable restroom contractor to apply for registration
10with the Department of Health; providing requirements for
11registration, including an examination; providing
12exemptions; providing for administration; providing
13rulemaking authority; providing for renewal of
14registration, including continuing education; providing
15for certification of partnerships and corporations;
16providing grounds for suspension or revocation of
17registration; providing fees; providing penalties and
18prohibitions; amending s. 381.0061, F.S.; authorizing
19imposition of an administrative fine for violation of
20portable restroom contracting requirements; amending s.
21381.0065, F.S.; specifying the department's powers and
22duties with respect to the regulation of portable restroom
23facilities and the companies that provide and service
24them; authorizing the department to enter the business
25premises of any portable restroom contractor for
26compliance determination and enforcement; authorizing
27issuance of a citation for violation of portable restroom
28contracting requirements which may contain an order of
29correction or a fine; amending s. 381.0066, F.S.;
30authorizing the continuation of permit fees for system
31construction permits for onsite sewage treatment and
32disposal systems; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  Section 381.0069, Florida Statutes, is created
37to read:
38     381.0069  Portable restroom contracting.--
39     (1)  DEFINITIONS.--As used in this section, the term:
40     (a)  "Department" means the Department of Health.
41     (b)  "Portable restroom" means any holding tank, portable
42toilet, mobile restroom trailer, mobile shower trailer, or
43portable restroom facility intended for use on a permanent or
44nonpermanent basis, including any such facility placed at a
45construction site when workers are present.
46     (c)  "Portable restroom contractor" means a portable
47restroom contractor who has knowledge of state health code law
48and rules and has the experience, knowledge, and skills to
49handle, deliver, and pick up sanitary portable restrooms, to
50install, safely handle, and maintain portable holding tanks, and
51to handle, transport, and dispose of domestic portable restroom
52and portable holding tank wastewater.
53     (2)  REGISTRATION REQUIRED.--A person may not hold himself
54or herself out as a portable restroom contractor in this state
55unless he or she is registered by the department in accordance
56with this section. However, this section does not prohibit any
57person licensed pursuant to s. 489.105(3)(m) or part III of
58chapter 489 from engaging in the profession for which he or she
59is licensed. This section does not apply to an entity defined in
60s. 403.70605(4)(b).
61     (3)  ADMINISTRATION OF SECTION; REGISTRATION
62QUALIFICATIONS; EXAMINATION.--
63     (a)  Each person desiring to be registered pursuant to this
64section shall apply to the department in writing upon forms
65prepared and furnished by the department.
66     (b)  The department shall administer, coordinate, and
67enforce the provisions of this section, administer the
68examination for applicants, and be responsible for the granting
69of certificates of registration to qualified persons.
70     (c)  The department shall adopt rules pursuant to ss.
71120.536(1) and 120.54 to administer this section that establish
72ethical standards of practice, requirements for registering as a
73contractor, requirements for obtaining an initial or renewal
74certificate of registration, disciplinary guidelines, and
75requirements for the certification of partnerships and
76corporations. The department may amend or repeal the rules in
77accordance with chapter 120.
78     (d)  To be eligible for registration by the department as a
79portable restroom contractor, the applicant shall:
80     1.  Be of good moral character. In considering good moral
81character, the department may consider any matter that has a
82substantial connection between the good moral character of the
83applicant and the professional responsibilities of a registered
84contractor, including, but not limited to, the applicant's being
85convicted or found guilty of, or entering a plea of nolo
86contendere to, regardless of adjudication, a crime in any
87jurisdiction that directly relates to the practice of
88contracting or the ability to practice contracting and previous
89disciplinary action involving portable restroom contracting for
90which all judicial reviews have been completed.
91     2.  Pass an examination approved by the department which
92demonstrates that the applicant has a fundamental knowledge of
93the state laws relating to the installation, maintenance, and
94wastewater disposal of portable restrooms, portable sinks, and
95portable holding tanks.
96     3.  Be at least 18 years of age.
97     4.  Have a total of at least 3 years of active experience
98serving an apprenticeship as a skilled worker under the
99supervision and control of a registered portable restroom
100contractor. Related work experience or educational experience
101may be substituted for no more than 2 years of active
102contracting experience. Each 30 hours of coursework approved by
103the department shall be substituted for 6 months of work
104experience. Out-of-state work experience shall be accepted on a
105year-for-year basis for any applicant who demonstrates that he
106or she holds a current license issued by another state for
107portable restroom contracting which was issued upon satisfactory
108completion of an examination and continuing education courses
109that are equivalent to the requirements in this state.
110Individuals from a state with no state certification who have
111successfully completed a written examination provided by the
112Portable Sanitation Association International shall only be
113required to take the written portion of the examination that
114includes state health code law and rules. For purposes of this
115section, an equivalent examination must include the topics of
116state health code law and rules applicable to portable restrooms
117and the knowledge required to handle, deliver, and pick up
118sanitary portable restrooms; to install, handle, and maintain
119portable holding tanks; and to handle, transport, and dispose of
120domestic portable restroom and portable holding tank wastewater.
121A person employed by and under the supervision of such an out-
122of-state licensed contractor shall be granted up to 2 years of
123related work experience.
124     5.  Have not had a registration revoked the effective date
125of which was less than 5 years before the application.
126     (e)  The department shall provide each applicant for
127registration pursuant to this section with a copy of this
128section and any rules adopted under this section. The department
129may also prepare and disseminate such other material and
130questionnaires as it deems necessary to effectuate the
131registration provisions of this section.
132     (f)  Any person who was employed 1 or more years in this
133state by a portable restroom service holding a permit issued by
134the department on or before October 1, 2004, has until October
1351, 2005, to be registered by the department in accordance with
136this section and may continue to perform portable restroom
137contracting services until that time. Such persons are exempt
138until October 1, 2005, from the 3 years' active work experience
139requirement of subparagraph (d)4.
140     (4)  REGISTRATION RENEWAL.--
141     (a)  The department shall prescribe by rule the method for
142approval of continuing education courses and for renewal of
143annual registration, for reverting to inactive status for late
144filing of renewal applications, for allowing contractors to hold
145their registration in inactive status for a specified period,
146and for reactivating registrations. At a minimum, annual renewal
147shall include continuing education requirements of not less than
1486 classroom hours annually for portable restroom contractors.
149     (b)  Certificates of registration shall become inactive
150when a renewal application is not filed in a timely manner. A
151certificate that has become inactive may be reactivated under
152this section by application to the department. A registered
153contractor may apply to the department for voluntary inactive
154status 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
157restroom contracting services by registrants through a parent
158corporation, corporation, subsidiary of a corporation, or
159partnership offering portable restroom contracting services to
160the public through registrants under this section as agents,
161employers, officers, or partners is permitted if one or more of
162the principal officers of the corporation or one or more
163partners of the partnership and all personnel of the corporation
164or partnership who act on its behalf as portable restroom
165contractors in this state are registered as provided by this
166section and if the corporation or partnership has been issued a
167certificate of authorization by the department as provided in
168this subsection. An agent of the corporation may be a manager of
169the corporation only when no officers of the corporation reside
170in the State of Florida. In this case, the corporation must
171provide a notarized letter of authorization for one or more
172managers to act as the agent and registered contractor on behalf
173of all matters of the corporation. This authorization must
174provide the list of names and addresses of all officers and
175include a statement that it in no way removes any responsibility
176from the officers of the corporation. A registered contractor
177may not be the sole qualifying contractor for more than one
178business that requests a certificate of authorization. A
179business organization that loses its qualifying contractor has
18060 days following the date the qualifier terminates his or her
181affiliation within which to obtain another qualifying
182contractor. During this period, the business organization may
183complete any existing contract or continuing contract but may
184not undertake any new contract. This period may be extended once
185by the department for an additional 60 days upon a showing of
186good cause. This subsection may not be construed to mean that a
187certificate of registration to practice portable restroom
188contracting must be held by a corporation. A corporation or
189partnership is not relieved of responsibility for the conduct or
190acts of its agents, employees, or officers by reason of its
191compliance with this subsection, and an individual practicing
192portable restroom contracting is not relieved of responsibility
193for professional services performed by reason of his or her
194employment or relationship with a corporation or partnership.
195     (b)  For the purposes of this subsection, a certificate of
196authorization shall be required for a corporation, a
197partnership, an association, or a person practicing under a
198fictitious name when offering portable restroom contracting
199services to the public, except that when an individual is
200practicing portable restroom contracting in his or her own given
201name, he or she is not required to register under this
202subsection.
203     (c)  Each certification of authorization shall be renewed
204every 2 years. Each partnership and corporation certified under
205this subsection shall notify the department within 1 month after
206any change in the information contained in the application upon
207which the certification is based.
208     (d)  Disciplinary action against a corporation or
209partnership shall be administered in the same manner and on the
210same grounds as disciplinary action against a registered
211portable restroom contractor.
212     (e)  When a certificate of authorization has been revoked,
213any person authorized by law to provide portable restroom
214contracting services may not use the name or fictitious name of
215the entity whose certificate was revoked or any other
216identifiers for the entity, including telephone numbers,
217advertisements, or logos.
218     (6)  SUSPENSION OR REVOCATION OF REGISTRATION.--A
219certificate of registration may be suspended or revoked upon a
220showing that the registrant has committed any of the following:
221     (a)  Violated any provision of this section.
222     (b)  Violated any lawful order or rule rendered or adopted
223by the department.
224     (c)  Obtained his or her registration or any other order,
225ruling, or authorization by means of fraud, misrepresentation,
226or concealment of material facts.
227     (d)  Been found guilty of one or more violations of this
228section, s. 381.0065, s. 386.041, or any rule adopted pursuant
229to those sections.
230     (7)  FEES; ESTABLISHMENT.--
231     (a)  The department shall, by rule, establish fees as
232follows:
233     1.  For registration as a portable restroom contractor:
234     a.  Application and examination fee: not less than $25 nor
235more than $75.
236     b.  Initial registration fee: not less than $50 nor more
237than $100.
238     c.  Renewal of registration fee: not less than $50 nor more
239than $100.
240     2.  For certification of a partnership or corporation: not
241less than $100 nor more than $250.
242     (b)  Fees established pursuant to paragraph (a) shall be
243based on the actual costs incurred by the department in carrying
244out its registration and other related responsibilities under
245this section.
246     (8)  PENALTIES AND PROHIBITIONS.--
247     (a)  A person who violates any provision of this section
248commits a misdemeanor of the first degree, punishable as
249provided in s. 775.082 or s. 775.083.
250     (b)  The department may deny a registration, authorization,
251or registration renewal if it determines that an applicant does
252not meet all requirements of this section or has violated any
253provision of this section or if there is any outstanding
254administrative penalty with the department in which the penalty
255is final agency action and all judicial reviews are exhausted.
256Any applicant aggrieved by such denial is entitled to a hearing,
257after reasonable notice thereof, upon filing a written request
258for such hearing in accordance with chapter 120.
259     Section 2.  Subsection (1) of section 381.0061, Florida
260Statutes, is amended to read:
261     381.0061  Administrative fines.--
262     (1)  In addition to any administrative action authorized by
263chapter 120 or by other law, the department may impose a fine,
264which shall not exceed $500 for each violation, for a violation
265of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069, s.
266381.0072, or part III of chapter 489, for a violation of any
267rule adopted under this chapter, or for a violation of any of
268the provisions of chapter 386. Notice of intent to impose such
269fine shall be given by the department to the alleged violator.
270Each day that a violation continues may constitute a separate
271violation.
272     Section 3.  Paragraph (m) of subsection (3) and subsection
273(5) of section 381.0065, Florida Statutes, are amended to read:
274     381.0065  Onsite sewage treatment and disposal systems;
275regulation.--
276     (3)  DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The
277department shall:
278     (m)  Regulate the use of portable restrooms, mobile
279restrooms, mobile shower trailers, and Permit and inspect
280portable or stationary temporary toilet services and holding
281tanks; regulate, permit, and inspect the companies that provide
282and service such facilities;. The department shall review
283applications, perform site evaluations;, and issue permits for
284the temporary use of stationary holding tanks, privies, portable
285toilet services, or any other toilet facility that is intended
286for use on a permanent or nonpermanent basis, including
287facilities placed on construction sites when workers are
288present. The department may specify standards for the
289construction, maintenance, use, and operation of any such
290facility for temporary use.
291     (5)  ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.--
292     (a)  Department personnel who have reason to believe
293noncompliance exists, may, at any reasonable time, enter the
294premises permitted under ss. 381.0065-381.0066, or the business
295premises of any septic tank contractor or master septic tank
296contractor registered under part III of chapter 489, the
297business premises of any portable restroom contractor registered
298under s. 381.0069, or any premises that the department has
299reason to believe is being operated or maintained not in
300compliance, to determine compliance with the provisions of this
301section, part I of chapter 386, or part III of chapter 489 or
302rules or standards adopted under ss. 381.0065-381.0067, s.
303381.0069, part I of chapter 386, or part III of chapter 489. As
304used in this paragraph, the term "premises" does not include a
305residence or private building. To gain entry to a residence or
306private building, the department must obtain permission from the
307owner or occupant or secure an inspection warrant from a court
308of competent jurisdiction.
309     (b)1.  The department may issue citations that may contain
310an order of correction or an order to pay a fine, or both, for
311violations of ss. 381.0065-381.0067, s. 381.0069, part I of
312chapter 386, or part III of chapter 489 or the rules adopted by
313the department, when a violation of these sections or rules is
314enforceable by an administrative or civil remedy, or when a
315violation of these sections or rules is a misdemeanor of the
316second degree. A citation issued under ss. 381.0065-381.0067, s.
317381.0069, part I of chapter 386, or part III of chapter 489
318constitutes a notice of proposed agency action.
319     2.  A citation must be in writing and must describe the
320particular nature of the violation, including specific reference
321to the provisions of law or rule allegedly violated.
322     3.  The fines imposed by a citation issued by the
323department may not exceed $500 for each violation. Each day the
324violation exists constitutes a separate violation for which a
325citation may be issued.
326     4.  The department shall inform the recipient, by written
327notice pursuant to ss. 120.569 and 120.57, of the right to an
328administrative hearing to contest the citation within 21 days
329after the date the citation is received. The citation must
330contain a conspicuous statement that if the recipient fails to
331pay the fine within the time allowed, or fails to appear to
332contest the citation after having requested a hearing, the
333recipient has waived the recipient's right to contest the
334citation and must pay an amount up to the maximum fine.
335     5.  The department may reduce or waive the fine imposed by
336the citation. In determining whether to reduce or waive the
337fine, the department must consider the gravity of the violation,
338the person's attempts at correcting the violation, and the
339person's history of previous violations including violations for
340which enforcement actions were taken under ss. 381.0065-
341381.0067, s. 381.0069, part I of chapter 386, part III of
342chapter 489, or other provisions of law or rule.
343     6.  Any person who willfully refuses to sign and accept a
344citation issued by the department commits a misdemeanor of the
345second degree, punishable as provided in s. 775.082 or s.
346775.083.
347     7.  The department, pursuant to ss. 381.0065-381.0067, s.
348381.0069, part I of chapter 386, or part III of chapter 489,
349shall deposit any fines it collects in the county health
350department trust fund for use in providing services specified in
351those sections.
352     8.  This section provides an alternative means of enforcing
353ss. 381.0065-381.0067, s. 381.0069, part I of chapter 386, and
354part III of chapter 489. This section does not prohibit the
355department from enforcing ss. 381.0065-381.0067, s. 381.0069,
356part I of chapter 386, or part III of chapter 489, or its rules,
357by any other means. However, the department must elect to use
358only a single method of enforcement for each violation.
359     Section 4.  Paragraph (k) of subsection (2) of section
360381.0066, Florida Statutes, is amended to read:
361     381.0066  Onsite sewage treatment and disposal systems;
362fees.--
363     (2)  The minimum fees in the following fee schedule apply
364until changed by rule by the department within the following
365limits:
366     (k)  Research: An additional $5 fee shall be added to each
367new system construction permit issued during fiscal years 1996-
3682004 to be used for onsite sewage treatment and disposal system
369research, demonstration, and training projects. Five dollars
370from any repair permit fee collected under this section shall be
371used for funding the hands-on training centers described in s.
372381.0065(3)(j).
373
374The funds collected pursuant to this subsection must be
375deposited in a trust fund administered by the department, to be
376used for the purposes stated in this section and ss. 381.0065
377and 381.00655.
378     Section 5.  This act shall take effect July 1, 2004.


CODING: Words stricken are deletions; words underlined are additions.