HB 0333

A bill to be entitled
2An act relating to the regulation of portable restroom
3contracting; creating s. 381.0069, F.S.; providing
4definitions; requiring a portable restroom contractor to
5apply for registration with the Department of Health;
6providing requirements for registration, including an
7examination; providing for administration; providing
8rulemaking authority; providing for renewal of
9registration, including continuing education; providing
10for authorization of business entities providing portable
11restroom contracting services under a fictitious name;
12providing grounds for suspension or revocation of
13registration or authorization; providing fees; providing
14penalties and prohibitions; amending s. 381.0061, F.S.;
15authorizing imposition of an administrative fine for
16violating portable restroom contracting requirements;
17amending s. 381.0065, F.S.; specifying the department's
18powers and duties with respect to regulating portable
19restroom facilities and the individuals or businesses that
20provide and service such facilities; authorizing the
21department to enter the business premises of any portable
22restroom contractor; authorizing issuance of citations;
23providing an effective date.
25Be It Enacted by the Legislature of the State of Florida:
27     Section 1.  Section 381.0069, Florida Statutes, is created
28to read:
29     381.0069  Portable restroom contracting.--
30     (1)  DEFINITIONS.--As used in this section, the term:
31     (a)  "Department" means the Department of Health.
32     (b)  "Portable restroom" means any portable toilet, mobile
33restroom trailer, mobile shower trailer, or portable restroom
34facility intended for use on a permanent or nonpermanent basis,
35including any holding tanks associated with any such facility.
36The term includes, but is not limited to, any such facility or
37holding tank placed at a construction site when workers are
39     (c)  "Portable restroom contractor" means a portable
40restroom contractor who has knowledge of state law and the
41experience, knowledge, and skills necessary to safely handle the
42pickup, transportation, installation, and maintenance of
43portable restrooms and portable sinks, including, but not
44limited to, the safe management and disposal of associated
46     (2)  REGISTRATION REQUIRED.--A person may not hold himself
47or herself out as a portable restroom contractor in this state
48unless he or she is registered by the department in accordance
49with this section. However, this section does not prohibit a
50licensed plumbing contractor as defined in s. 489.105(3)(m) or a
51person licensed under part III of chapter 489 from engaging in
52the profession for which he or she is licensed. This section
53does not apply to a private company as defined in s.
57     (a)  Each person desiring to be registered under this
58section must apply to the department in writing upon forms
59prepared and furnished by the department.
60     (b)  The department shall administer, coordinate, and
61enforce this section; approve and administer the examination for
62applicants; and grant certificates of registration to qualified
63persons and certificates of authorization to qualified business
65     (c)  The department shall adopt rules under ss. 120.536(1)
66and 120.54 to administer this section. The rules shall establish
67ethical standards of practice, requirements for registering as a
68contractor, requirements for obtaining an initial or renewal
69certificate of registration, disciplinary guidelines, and
70requirements for the certification of business entities. The
71department may amend or repeal the rules in accordance with
72chapter 120.
73     (d)  To be eligible for registration by the department as a
74portable restroom contractor, the applicant must:
75     1.  Be of good moral character. In considering good moral
76character, the department may consider any matter that has a
77substantial connection between the good moral character of the
78applicant and the professional responsibilities of a registered
79contractor. This includes, but is not limited to, the
80applicant's being convicted or found guilty of, or entering a
81plea of nolo contendere to, regardless of adjudication, a crime
82in any jurisdiction which is directly related to the practice of
83contracting or the ability to practice contracting, or any
84previous disciplinary action against the applicant involving
85portable restroom contracting for which all judicial reviews
86have been completed.
87     2.  Pass an examination approved by the department which
88tests knowledge of the fundamentals of state law relating to
89portable restrooms and the safe handling of the pickup,
90transportation, installation, and maintenance of portable
91restrooms, including, but not limited to, the safe management
92and disposal of associated wastewater. If an applicant from a
93state having no certification program has passed the Portable
94Sanitation Association International's written examination, the
95applicant shall be required to take and pass only that portion
96of this state's examination which tests knowledge of law that is
97specific to Florida.
98     3.  Be at least 18 years of age.
99     4.  Have at least 3 years of active experience serving an
100apprenticeship as a skilled worker under the supervision and
101control of a portable restroom contractor who is registered
102under this section. Related work experience or educational
103experience may be substituted for no more than 2 years of active
104contracting experience as follows:
105     a.  Each 30 hours of coursework approved by the department
106may be substituted for 6 months of work experience.
107     b.  Out-of-state work experience may be substituted on a
108year-for-year basis for any applicant who demonstrates that he
109or she holds a current license issued by another state for
110portable restroom contracting which was issued upon satisfactory
111completion of an examination and continuing education courses
112that are equivalent to those required in this state. An
113examination is equivalent if it tests the applicant's knowledge
114of state law relating to portable restrooms and the safe
115handling of the pickup, transportation, installation, and
116maintenance of portable restrooms, including, but not limited
117to, the safe management and disposal of associated wastewater.
118     c.  An applicant who has actively served an apprenticeship
119as a skilled worker under the control and supervision of a
120contractor who is not registered under this section may, if that
121supervising contractor's own work experience would qualify for
122substitution on a year-for-year basis under sub-subparagraph b.,
123substitute up to 2 years of active service.
124     5.  Have not had a portable restroom contractor
125registration revoked within 5 years before applying for
127     (e)  The department shall provide to each applicant for
128registration a copy of this section and any rules adopted under
129this section. The department may also prepare and disseminate
130other material and questionnaires it finds necessary to carry
131out the registration provisions of this section.
132     (f)  A person who, on October 1, 2005, has been employed at
133least 1 year in this state by a portable restroom service
134provider holding a permit issued by the department pursuant to
135s. 381.0065(3)(m) has until October 1, 2006, to be registered by
136the department in accordance with this section and may continue
137to perform portable restroom contracting services without
138registration until that time. Such persons are exempt until
139October 1, 2006, from the requirement of subparagraph (d)4. for
1403 years of active work experience.
142     (a)  The department shall prescribe by rule methods for
143approving continuing education courses, for renewing annual
144registration, for approving the reversion of a registration to
145inactive status when the renewal application is late filed, for
146allowing a contractor to hold a registration in inactive status
147for a specified period, and for reactivating an inactive
148registration. The department shall require at least 6 classroom
149hours annually of continuing education courses for annual
150registration renewal or to reactivate an inactive registration.
151     (b)  A certificate of registration becomes inactive when a
152renewal application is not timely filed. A registration that has
153become inactive may be reactivated by application to the
154department. A registered contractor may apply to the department
155for voluntary inactive status at any time during the period of
158     (a)  A partnership, association, or person practicing under
159a fictitious name may not offer or provide portable restroom
160contracting services to the public without a valid certificate
161of authorization issued by the department. A contractor
162registered under this section may not offer or provide portable
163restroom contracting services on behalf of such a business
164entity unless that entity holds a valid certificate of
165authorization. A certificate of authorization is not required
166when a contractor registered under this section offers or
167provides portable restroom contracting service in his or her own
168given name.
169     (b)  The department shall issue a certificate of
170authorization upon demonstration by the applying business entity
171that each person who is authorized to act on the applicant
172entity's behalf as a portable restroom contractor is registered
173under this section and also that, if a corporation, at least one
174of its principal officers or, if a partnership, at least one
175partner is registered under this section. The department may not
176issue a certificate of authorization to a corporation whose
177agent is a manager unless no officers of the corporation reside
178in the state and the corporation provides a notarized letter to
179the department authorizing one or more managers to act as the
180corporate agent and registered contractor. The notarized letter
181must list the names and addresses of each officer of the
182corporation and state that the letter does not remove
183responsibility from the corporation's officers. The department
184may not issue a certificate whereby the same registered
185contractor would become the sole qualifying contractor for more
186than one business entity. This subsection may not be construed
187to mean that only a corporation or a partnership may hold a
188certificate of registration to practice portable restroom
189contracting. Compliance with this subsection does not relieve a
190business entity of responsibility for the conduct or acts of its
191agents, employees, or officers. Employment by or a relationship
192with a business entity does not relieve an individual who is
193engaged in portable restroom contracting from responsibility for
194his or her conduct.
195     (c)  Unless renewed or revoked, each certification of
196authorization is valid for 2 years. A business entity certified
197under this subsection must notify the department within 1 month
198after any change in the information contained in the application
199upon which the certification is based. A business entity that
200terminates affiliation with a qualifying registered contractor
201has 60 days following the date of termination in which to obtain
202another qualifying contractor. During the 60-day period, the
203business entity may complete an existing contract or continuing
204contract but may not undertake a new contract. The department
205may extend the period for an additional 60 days upon a showing
206of good cause.
207     (d)  The department shall take disciplinary action against
208a business entity in the same manner and on the same grounds as
209against an individual portable restroom contractor.
210     (e)  A person who is otherwise authorized by law to provide
211portable restroom contracting services may not use the name,
212telephone number, advertisement, logo, or other identifiers of a
213business entity whose certificate of authorization has been
214revoked or otherwise invalidated.
216certificate of registration may be suspended or revoked upon a
217showing that the registrant has:
218     (a)  Violated this section, s. 381.0065, or s. 386.041;
219     (b)  Violated an order or a rule of the department; or
220     (c)  Obtained a certificate of registration or other order,
221ruling, or authorization by means of fraud, misrepresentation,
222or concealment of material fact.
223     (7)  FEES.--
224     (a)  The department shall, by rule, establish fees as
226     1.  For registration as a portable restroom contractor:
227     a.  Application and examination fee: not less than $25 or
228more than $75.
229     b.  Initial registration fee: not less than $50 or more
230than $100.
231     c.  Renewal of registration fee: not less than $50 or more
232than $100.
233     2.  For authorization of a business entity: not less than
234$100 or more than $250.
235     (b)  Fees established under paragraph (a) shall be based on
236the actual costs incurred by the department in carrying out its
237registration, authorization, and other related responsibilities
238under this section.
240     (a)  A person who violates any provision of this section
241commits a misdemeanor of the first degree, punishable as
242provided in s. 775.082 or s. 775.083.
243     (b)  The department may deny a registration, authorization,
244or renewal of a registration or authorization if an applicant
245does not meet the requirements of this section or has violated
246any provision of this section or if there is any outstanding
247administrative penalty with the department in which the penalty
248is final agency action and all judicial reviews are exhausted.
249Any applicant aggrieved by such denial is entitled to a hearing,
250after reasonable notice thereof, upon filing a written request
251in accordance with chapter 120.
252     Section 2.  Subsection (1) of section 381.0061, Florida
253Statutes, is amended to read:
254     381.0061  Administrative fines.--
255     (1)  In addition to any administrative action authorized by
256chapter 120 or by other law, the department may impose a fine,
257which shall not exceed $500 for each violation, for a violation
258of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069, s.
259381.0072, or part III of chapter 489, for a violation of any
260rule adopted under this chapter, or for a violation of any of
261the provisions of chapter 386. Notice of intent to impose such
262fine shall be given by the department to the alleged violator.
263Each day that a violation continues may constitute a separate
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;
270department shall:
271     (m)  Regulate, permit, and inspect the use of portable
272restrooms, mobile restrooms, mobile shower trailers, and
273associated wastewater Permit and inspect portable or temporary
274toilet services and holding tanks; regulate, permit, and inspect
275an individual or business that provides or services such
276facilities; and. The department shall review applications,
277perform site evaluations, and issue permits for the temporary
278use of stationary holding tanks, privies, portable toilet
279services, or any other toilet facility that is intended for use
280on a permanent or nonpermanent basis, including facilities
281placed on construction sites when workers are present. The
282department may specify standards for the construction,
283maintenance, use, and operation of any such facility for
284temporary use.
286     (a)  Department personnel who have reason to believe
287noncompliance exists, may, at any reasonable time, enter the
288premises permitted under ss. 381.0065-381.0066, or the business
289premises of any septic tank contractor or master septic tank
290contractor registered under part III of chapter 489, the
291business premises of any portable restroom contractor registered
292or certified under s. 381.0069, or any premises that the
293department has reason to believe is being operated or maintained
294not in compliance, to determine compliance with the provisions
295of this section, part I of chapter 386, or part III of chapter
296489 or rules or standards adopted under ss. 381.0065-381.0067,
297s. 381.0069, part I of chapter 386, or part III of chapter 489.
298As used in this paragraph, the term "premises" does not include
299a residence or private building. To gain entry to a residence or
300private building, the department must obtain permission from the
301owner or occupant or secure an inspection warrant from a court
302of competent jurisdiction.
303     (b)1.  The department may issue citations that may contain
304an order of correction or an order to pay a fine, or both, for
305violations of ss. 381.0065-381.0067, s. 381.0069, part I of
306chapter 386, or part III of chapter 489 or the rules adopted by
307the department, when a violation of these sections or rules is
308enforceable by an administrative or civil remedy, or when a
309violation of these sections or rules is a misdemeanor of the
310second degree. A citation issued under ss. 381.0065-381.0067, s.
311381.0069, part I of chapter 386, or part III of chapter 489
312constitutes a notice of proposed agency action.
313     2.  A citation must be in writing and must describe the
314particular nature of the violation, including specific reference
315to the provisions of law or rule allegedly violated.
316     3.  The fines imposed by a citation issued by the
317department may not exceed $500 for each violation. Each day the
318violation exists constitutes a separate violation for which a
319citation may be issued.
320     4.  The department shall inform the recipient, by written
321notice pursuant to ss. 120.569 and 120.57, of the right to an
322administrative hearing to contest the citation within 21 days
323after the date the citation is received. The citation must
324contain a conspicuous statement that if the recipient fails to
325pay the fine within the time allowed, or fails to appear to
326contest the citation after having requested a hearing, the
327recipient has waived the recipient's right to contest the
328citation and must pay an amount up to the maximum fine.
329     5.  The department may reduce or waive the fine imposed by
330the citation. In determining whether to reduce or waive the
331fine, the department must consider the gravity of the violation,
332the person's attempts at correcting the violation, and the
333person's history of previous violations including violations for
334which enforcement actions were taken under ss. 381.0065-
335381.0067, s. 381.0069, part I of chapter 386, part III of
336chapter 489, or other provisions of law or rule.
337     6.  Any person who willfully refuses to sign and accept a
338citation issued by the department commits a misdemeanor of the
339second degree, punishable as provided in s. 775.082 or s.
341     7.  The department, pursuant to ss. 381.0065-381.0067, s.
342381.0069, part I of chapter 386, or part III of chapter 489,
343shall deposit any fines it collects in the county health
344department trust fund for use in providing services specified in
345those sections.
346     8.  This section provides an alternative means of enforcing
347ss. 381.0065-381.0067, s. 381.0069, part I of chapter 386, and
348part III of chapter 489. This section does not prohibit the
349department from enforcing ss. 381.0065-381.0067, s. 381.0069,
350part I of chapter 386, or part III of chapter 489, or its rules,
351by any other means. However, the department must elect to use
352only a single method of enforcement for each violation.
353     Section 4.  This act shall take effect July 1, 2005.

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