| 1 | The Committee on Health Care recommends the following: |
| 2 |
|
| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to environmental health; creating s. |
| 7 | 381.0069, F.S.; providing for the regulation of portable |
| 8 | restroom contracting; providing definitions; requiring a |
| 9 | portable restroom contractor to apply for registration |
| 10 | with the Department of Health; providing requirements for |
| 11 | registration, including an examination; providing |
| 12 | exemptions; providing for administration; providing |
| 13 | rulemaking authority; providing for renewal of |
| 14 | registration, including continuing education; providing |
| 15 | for certification of partnerships and corporations; |
| 16 | providing grounds for suspension or revocation of |
| 17 | registration; providing fees; providing penalties and |
| 18 | prohibitions; amending s. 381.0061, F.S.; authorizing |
| 19 | imposition of an administrative fine for violation of |
| 20 | portable restroom contracting requirements; amending s. |
| 21 | 381.0065, F.S.; specifying the department's powers and |
| 22 | duties with respect to the regulation of portable restroom |
| 23 | facilities and the companies that provide and service |
| 24 | them; authorizing the department to enter the business |
| 25 | premises of any portable restroom contractor for |
| 26 | compliance determination and enforcement; authorizing |
| 27 | issuance of a citation for violation of portable restroom |
| 28 | contracting requirements which may contain an order of |
| 29 | correction or a fine; amending s. 381.0066, F.S.; |
| 30 | authorizing the continuation of permit fees for system |
| 31 | construction permits for onsite sewage treatment and |
| 32 | disposal systems; providing an effective date. |
| 33 |
|
| 34 | Be It Enacted by the Legislature of the State of Florida: |
| 35 |
|
| 36 | Section 1. Section 381.0069, Florida Statutes, is created |
| 37 | to 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 |
| 42 | toilet, mobile restroom trailer, mobile shower trailer, or |
| 43 | portable restroom facility intended for use on a permanent or |
| 44 | nonpermanent basis, including any such facility placed at a |
| 45 | construction site 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 does not apply to an entity defined in |
| 60 | 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 such an out- |
| 122 | of-state licensed contractor shall be granted up to 2 years of |
| 123 | related work 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, 2004, has until October |
| 135 | 1, 2005, 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, 2005, 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 reverting to inactive status for late |
| 144 | filing of renewal applications, for allowing contractors to hold |
| 145 | their registration in inactive status for a specified period, |
| 146 | and for reactivating registrations. At a minimum, annual renewal |
| 147 | shall include continuing education requirements of not less than |
| 148 | 6 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. An agent of the corporation may be a manager of |
| 169 | the corporation only when no officers of the corporation reside |
| 170 | in the State of Florida. In this case, the corporation must |
| 171 | provide a notarized letter of authorization for one or more |
| 172 | managers to act as the agent and registered contractor on behalf |
| 173 | of all matters of the corporation. This authorization must |
| 174 | provide the list of names and addresses of all officers and |
| 175 | include a statement that it in no way removes any responsibility |
| 176 | from the officers of the corporation. A registered contractor |
| 177 | may not be the sole qualifying contractor for more than one |
| 178 | business that requests a certificate of authorization. A |
| 179 | business organization that loses its qualifying contractor has |
| 180 | 60 days following the date the qualifier terminates his or her |
| 181 | affiliation within which to obtain another qualifying |
| 182 | contractor. During this period, the business organization may |
| 183 | complete any existing contract or continuing contract but may |
| 184 | not undertake any new contract. This period may be extended once |
| 185 | by the department for an additional 60 days upon a showing of |
| 186 | good cause. This subsection may not be construed to mean that a |
| 187 | certificate of registration to practice portable restroom |
| 188 | contracting must be held by a corporation. A corporation or |
| 189 | partnership is not relieved of responsibility for the conduct or |
| 190 | acts of its agents, employees, or officers by reason of its |
| 191 | compliance with this subsection, and an individual practicing |
| 192 | portable restroom contracting is not relieved of responsibility |
| 193 | for professional services performed by reason of his or her |
| 194 | employment or relationship with a corporation or partnership. |
| 195 | (b) For the purposes of this subsection, a certificate of |
| 196 | authorization shall be required for a corporation, a |
| 197 | partnership, an association, or a person practicing under a |
| 198 | fictitious name when offering portable restroom contracting |
| 199 | services to the public, except that when an individual is |
| 200 | practicing portable restroom contracting in his or her own given |
| 201 | name, he or she is not required to register under this |
| 202 | subsection. |
| 203 | (c) Each certification of authorization shall be renewed |
| 204 | every 2 years. Each partnership and corporation certified under |
| 205 | this subsection shall notify the department within 1 month after |
| 206 | any change in the information contained in the application upon |
| 207 | which the certification is based. |
| 208 | (d) Disciplinary action against a corporation or |
| 209 | partnership shall be administered in the same manner and on the |
| 210 | same grounds as disciplinary action against a registered |
| 211 | portable restroom contractor. |
| 212 | (e) When a certificate of authorization has been revoked, |
| 213 | any person authorized by law to provide portable restroom |
| 214 | contracting services may not use the name or fictitious name of |
| 215 | the entity whose certificate was revoked or any other |
| 216 | identifiers for the entity, including telephone numbers, |
| 217 | advertisements, or logos. |
| 218 | (6) SUSPENSION OR REVOCATION OF REGISTRATION.--A |
| 219 | certificate of registration may be suspended or revoked upon a |
| 220 | showing 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 |
| 223 | by the department. |
| 224 | (c) Obtained his or her registration or any other order, |
| 225 | ruling, or authorization by means of fraud, misrepresentation, |
| 226 | or concealment of material facts. |
| 227 | (d) Been found guilty of one or more violations of this |
| 228 | section, s. 381.0065, s. 386.041, or any rule adopted pursuant |
| 229 | to those sections. |
| 230 | (7) FEES; ESTABLISHMENT.-- |
| 231 | (a) The department shall, by rule, establish fees as |
| 232 | follows: |
| 233 | 1. For registration as a portable restroom contractor: |
| 234 | a. Application and examination fee: not less than $25 nor |
| 235 | more than $75. |
| 236 | b. Initial registration fee: not less than $50 nor more |
| 237 | than $100. |
| 238 | c. Renewal of registration fee: not less than $50 nor more |
| 239 | than $100. |
| 240 | 2. For certification of a partnership or corporation: not |
| 241 | less than $100 nor more than $250. |
| 242 | (b) Fees established pursuant to paragraph (a) shall be |
| 243 | based on the actual costs incurred by the department in carrying |
| 244 | out its registration and other related responsibilities under |
| 245 | this section. |
| 246 | (8) PENALTIES AND PROHIBITIONS.-- |
| 247 | (a) A person who violates any provision of this section |
| 248 | commits a misdemeanor of the first degree, punishable as |
| 249 | provided in s. 775.082 or s. 775.083. |
| 250 | (b) The department may deny a registration, authorization, |
| 251 | or registration renewal if it determines that an applicant does |
| 252 | not meet all requirements of this section or has violated any |
| 253 | provision of this section or if there is any outstanding |
| 254 | administrative penalty with the department in which the penalty |
| 255 | is final agency action and all judicial reviews are exhausted. |
| 256 | Any applicant aggrieved by such denial is entitled to a hearing, |
| 257 | after reasonable notice thereof, upon filing a written request |
| 258 | for such hearing in accordance with chapter 120. |
| 259 | Section 2. Subsection (1) of section 381.0061, Florida |
| 260 | Statutes, is amended to read: |
| 261 | 381.0061 Administrative fines.-- |
| 262 | (1) In addition to any administrative action authorized by |
| 263 | chapter 120 or by other law, the department may impose a fine, |
| 264 | which shall not exceed $500 for each violation, for a violation |
| 265 | of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069, s. |
| 266 | 381.0072, or part III of chapter 489, for a violation of any |
| 267 | rule adopted under this chapter, or for a violation of any of |
| 268 | the provisions of chapter 386. Notice of intent to impose such |
| 269 | fine shall be given by the department to the alleged violator. |
| 270 | Each day that a violation continues may constitute a separate |
| 271 | violation. |
| 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; |
| 275 | regulation.-- |
| 276 | (3) DUTIES AND POWERS OF THE DEPARTMENT OF HEALTH.--The |
| 277 | department shall: |
| 278 | (m) Regulate the use of portable restrooms, mobile |
| 279 | restrooms, mobile shower trailers, and Permit and inspect |
| 280 | portable or stationary temporary toilet services and holding |
| 281 | tanks; regulate, permit, and inspect the companies that provide |
| 282 | and service such facilities;. The department shall review |
| 283 | applications, perform site evaluations;, and issue permits for |
| 284 | the temporary use of stationary holding tanks, privies, portable |
| 285 | toilet services, or any other toilet facility that is intended |
| 286 | for use on a permanent or nonpermanent basis, including |
| 287 | facilities placed on construction sites when workers are |
| 288 | present. The department may specify standards for the |
| 289 | construction, maintenance, use, and operation of any such |
| 290 | facility for temporary use. |
| 291 | (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-- |
| 292 | (a) Department personnel who have reason to believe |
| 293 | noncompliance exists, may, at any reasonable time, enter the |
| 294 | premises permitted under ss. 381.0065-381.0066, or the business |
| 295 | premises of any septic tank contractor or master septic tank |
| 296 | contractor registered under part III of chapter 489, the |
| 297 | business premises of any portable restroom contractor registered |
| 298 | under s. 381.0069, or any premises that the department has |
| 299 | reason to believe is being operated or maintained not in |
| 300 | compliance, to determine compliance with the provisions of this |
| 301 | section, part I of chapter 386, or part III of chapter 489 or |
| 302 | rules or standards adopted under ss. 381.0065-381.0067, s. |
| 303 | 381.0069, part I of chapter 386, or part III of chapter 489. As |
| 304 | used in this paragraph, the term "premises" does not include a |
| 305 | residence or private building. To gain entry to a residence or |
| 306 | private building, the department must obtain permission from the |
| 307 | owner or occupant or secure an inspection warrant from a court |
| 308 | of competent jurisdiction. |
| 309 | (b)1. The department may issue citations that may contain |
| 310 | an order of correction or an order to pay a fine, or both, for |
| 311 | violations of ss. 381.0065-381.0067, s. 381.0069, part I of |
| 312 | chapter 386, or part III of chapter 489 or the rules adopted by |
| 313 | the department, when a violation of these sections or rules is |
| 314 | enforceable by an administrative or civil remedy, or when a |
| 315 | violation of these sections or rules is a misdemeanor of the |
| 316 | second degree. A citation issued under ss. 381.0065-381.0067, s. |
| 317 | 381.0069, part I of chapter 386, or part III of chapter 489 |
| 318 | constitutes a notice of proposed agency action. |
| 319 | 2. A citation must be in writing and must describe the |
| 320 | particular nature of the violation, including specific reference |
| 321 | to the provisions of law or rule allegedly violated. |
| 322 | 3. The fines imposed by a citation issued by the |
| 323 | department may not exceed $500 for each violation. Each day the |
| 324 | violation exists constitutes a separate violation for which a |
| 325 | citation may be issued. |
| 326 | 4. The department shall inform the recipient, by written |
| 327 | notice pursuant to ss. 120.569 and 120.57, of the right to an |
| 328 | administrative hearing to contest the citation within 21 days |
| 329 | after the date the citation is received. The citation must |
| 330 | contain a conspicuous statement that if the recipient fails to |
| 331 | pay the fine within the time allowed, or fails to appear to |
| 332 | contest the citation after having requested a hearing, the |
| 333 | recipient has waived the recipient's right to contest the |
| 334 | citation and must pay an amount up to the maximum fine. |
| 335 | 5. The department may reduce or waive the fine imposed by |
| 336 | the citation. In determining whether to reduce or waive the |
| 337 | fine, the department must consider the gravity of the violation, |
| 338 | the person's attempts at correcting the violation, and the |
| 339 | person's history of previous violations including violations for |
| 340 | which enforcement actions were taken under ss. 381.0065- |
| 341 | 381.0067, s. 381.0069, part I of chapter 386, part III of |
| 342 | chapter 489, or other provisions of law or rule. |
| 343 | 6. Any person who willfully refuses to sign and accept a |
| 344 | citation issued by the department commits a misdemeanor of the |
| 345 | second degree, punishable as provided in s. 775.082 or s. |
| 346 | 775.083. |
| 347 | 7. The department, pursuant to ss. 381.0065-381.0067, s. |
| 348 | 381.0069, part I of chapter 386, or part III of chapter 489, |
| 349 | shall deposit any fines it collects in the county health |
| 350 | department trust fund for use in providing services specified in |
| 351 | those sections. |
| 352 | 8. This section provides an alternative means of enforcing |
| 353 | ss. 381.0065-381.0067, s. 381.0069, part I of chapter 386, and |
| 354 | part III of chapter 489. This section does not prohibit the |
| 355 | department from enforcing ss. 381.0065-381.0067, s. 381.0069, |
| 356 | part I of chapter 386, or part III of chapter 489, or its rules, |
| 357 | by any other means. However, the department must elect to use |
| 358 | only a single method of enforcement for each violation. |
| 359 | Section 4. Paragraph (k) of subsection (2) of section |
| 360 | 381.0066, Florida Statutes, is amended to read: |
| 361 | 381.0066 Onsite sewage treatment and disposal systems; |
| 362 | fees.-- |
| 363 | (2) The minimum fees in the following fee schedule apply |
| 364 | until changed by rule by the department within the following |
| 365 | limits: |
| 366 | (k) Research: An additional $5 fee shall be added to each |
| 367 | new system construction permit issued during fiscal years 1996- |
| 368 | 2004 to be used for onsite sewage treatment and disposal system |
| 369 | research, demonstration, and training projects. Five dollars |
| 370 | from any repair permit fee collected under this section shall be |
| 371 | used for funding the hands-on training centers described in s. |
| 372 | 381.0065(3)(j). |
| 373 |
|
| 374 | The funds collected pursuant to this subsection must be |
| 375 | deposited in a trust fund administered by the department, to be |
| 376 | used for the purposes stated in this section and ss. 381.0065 |
| 377 | and 381.00655. |
| 378 | Section 5. This act shall take effect July 1, 2004. |