HB 0333CS


1The Health Care Regulation Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to the regulation of portable restroom
7contracting; creating s. 381.0069, F.S.; providing
8definitions; requiring a portable restroom contractor to
9apply for registration with the Department of Health;
10providing requirements for registration, including an
11examination; providing for administration; providing
12rulemaking authority; providing for renewal of
13registration, including continuing education; providing
14for authorization of business entities providing portable
15restroom contracting services under a fictitious name;
16providing grounds for suspension or revocation of
17registration or authorization; providing fees; providing
18penalties and prohibitions; amending s. 381.0061, F.S.;
19authorizing imposition of an administrative fine for
20violating portable restroom contracting requirements;
21amending s. 381.0065, F.S.; specifying the department's
22powers and duties with respect to regulating portable
23restroom facilities and the individuals or businesses that
24provide and service such facilities; authorizing the
25department to enter the business premises of any portable
26restroom contractor; authorizing issuance of citations;
27providing an effective date.
29Be It Enacted by the Legislature of the State of Florida:
31     Section 1.  Section 381.0069, Florida Statutes, is created
32to read:
33     381.0069  Portable restroom contracting.--
34     (1)  DEFINITIONS.--As used in this section, the term:
35     (a)  "Department" means the Department of Health.
36     (b)  "Portable restroom" means any portable toilet, mobile
37restroom trailer, mobile shower trailer, or portable restroom
38facility intended for use on a permanent or nonpermanent basis,
39including any holding tanks associated with any such facility.
40The term includes, but is not limited to, any such facility or
41holding tank placed at a construction site when workers are
43     (c)  "Portable restroom contractor" means a portable
44restroom contractor who has knowledge of state law and the
45experience, knowledge, and skills necessary to safely handle the
46pickup, transportation, installation, and maintenance of
47portable restrooms and portable sinks, including, but not
48limited to, the safe management and disposal of associated
50     (2)  REGISTRATION REQUIRED.--A person may not hold himself
51or herself out as a portable restroom contractor in this state
52unless he or she is registered by the department in accordance
53with this section. However, this section does not prohibit a
54licensed plumbing contractor as defined in s. 489.105(3)(m) or a
55person licensed under part III of chapter 489 from engaging in
56the profession for which he or she is licensed. This section
57does not apply to a private company as defined in s.
61     (a)  Each person desiring to be registered under this
62section must apply to the department in writing upon forms
63prepared and furnished by the department.
64     (b)  The department shall administer, coordinate, and
65enforce this section; approve and administer the examination for
66applicants; and grant certificates of registration to qualified
67persons and certificates of authorization to qualified business
69     (c)  The department shall adopt rules under ss. 120.536(1)
70and 120.54 to administer this section. The rules shall establish
71ethical standards of practice, requirements for registering as a
72contractor, requirements for obtaining an initial or renewal
73certificate of registration, disciplinary guidelines, and
74requirements for the certification of business entities. The
75department may amend or repeal the rules in accordance with
76chapter 120.
77     (d)  To be eligible for registration by the department as a
78portable restroom contractor, the applicant must:
79     1.  Be of good moral character. In considering good moral
80character, the department may consider any matter that has a
81substantial connection between the good moral character of the
82applicant and the professional responsibilities of a registered
83contractor. This includes, but is not limited to, the
84applicant's being convicted or found guilty of, or entering a
85plea of nolo contendere to, regardless of adjudication, a crime
86in any jurisdiction which is directly related to the practice of
87contracting or the ability to practice contracting, or any
88previous disciplinary action against the applicant involving
89portable restroom contracting for which all judicial reviews
90have been completed.
91     2.  Pass an examination approved by the department which
92tests knowledge of the fundamentals of state law relating to
93portable restrooms and the safe handling of the pickup,
94transportation, installation, and maintenance of portable
95restrooms, including, but not limited to, the safe management
96and disposal of associated wastewater. If an applicant from a
97state having no certification program has passed the Portable
98Sanitation Association International's written examination, the
99applicant shall be required to take and pass only that portion
100of this state's examination which tests knowledge of law that is
101specific to Florida.
102     3.  Be at least 18 years of age.
103     4.  Have at least 3 years of active experience serving an
104apprenticeship as a skilled worker under the supervision and
105control of a portable restroom contractor who is registered
106under this section. Related work experience or educational
107experience may be substituted for no more than 2 years of active
108contracting experience as follows:
109     a.  Each 30 hours of coursework approved by the department
110may be substituted for 6 months of work experience.
111     b.  Out-of-state work experience may be substituted on a
112year-for-year basis for any applicant who demonstrates that he
113or she holds a current license issued by another state for
114portable restroom contracting which was issued upon satisfactory
115completion of an examination and continuing education courses
116that are equivalent to those required in this state. An
117examination is equivalent if it tests the applicant's knowledge
118of state law relating to portable restrooms and the safe
119handling of the pickup, transportation, installation, and
120maintenance of portable restrooms, including, but not limited
121to, the safe management and disposal of associated wastewater.
122     c.  A person employed by and under the supervision of a
123licensed portable restroom contractor shall be granted up to 2
124years of related work experience.
125     5.  Have not had a portable restroom contractor
126registration revoked within 5 years before applying for
128     (e)  The department shall provide to each applicant for
129registration a copy of this section and any rules adopted under
130this section. The department may also prepare and disseminate
131other material and questionnaires it finds necessary to carry
132out the registration provisions of this section.
133     (f)  A person who, on October 1, 2005, has been employed at
134least 1 year in this state by a portable restroom service
135provider holding a permit issued by the department pursuant to
136s. 381.0065(3)(m) has until October 1, 2006, to be registered by
137the department in accordance with this section and may continue
138to perform portable restroom contracting services without
139registration until that time. Such persons are exempt until
140October 1, 2006, from the requirement of subparagraph (d)4. for
1413 years of active work experience.
143     (a)  The department shall prescribe by rule methods for
144approving continuing education courses and course providers, for
145renewing annual registration, for approving the reversion of a
146registration to inactive status when the renewal application is
147late filed, for allowing a contractor to hold a registration in
148inactive status for a specified period, and for reactivating an
149inactive registration. The department shall require at least 6
150classroom hours annually of continuing education courses for
151annual registration renewal or to reactivate an inactive
153     (b)  A certificate of registration becomes inactive when a
154renewal application is not timely filed. A registration that has
155become inactive may be reactivated by application to the
156department. A registered contractor may apply to the department
157for voluntary inactive status at any time during the period of
160     (a)  A parent corporation, corporation, subsidiary of a
161corporation, or a partnership, association, or person practicing
162under a fictitious name may not offer or provide portable
163restroom contracting services to the public without a valid
164certificate of authorization issued by the department. A
165contractor registered under this section may not offer or
166provide portable restroom contracting services on behalf of such
167a business entity unless that entity holds a valid certificate
168of authorization. A certificate of authorization is not required
169when a contractor registered under this section offers or
170provides portable restroom contracting service in his or her own
171given name.
172     (b)  The department shall issue a certificate of
173authorization upon demonstration by the applying business entity
174that each person who is authorized to act on the applicant
175entity's behalf as a portable restroom contractor is registered
176under this section and also that, if a corporation, at least one
177of its principal officers or, if a partnership, at least one
178partner is registered under this section. The department may not
179issue a certificate of authorization to a corporation whose
180agent is a manager unless no officers of the corporation reside
181in the state and the corporation provides a notarized letter to
182the department authorizing one or more managers to act as the
183corporate agent and registered contractor. The notarized letter
184must list the names and addresses of each officer of the
185corporation and state that the letter does not remove
186responsibility from the corporation's officers. The department
187may not issue a certificate whereby the same registered
188contractor would become the sole qualifying contractor for more
189than one business entity. This subsection may not be construed
190to mean that a certificate of registration to practice portable
191restroom contracting shall be held by a business entity.
192Compliance with this subsection does not relieve a business
193entity of responsibility for the conduct or acts of its agents,
194employees, or officers. Employment by or a relationship with a
195business entity does not relieve an individual who is engaged in
196portable restroom contracting from responsibility for his or her
198     (c)  Unless renewed or revoked, each certification of
199authorization is valid for 2 years. A business entity certified
200under this subsection must notify the department within 1 month
201after any change in the information contained in the application
202upon which the certification is based. A business entity that
203terminates affiliation with a qualifying registered contractor
204has 60 days following the date of termination in which to obtain
205another qualifying contractor. During the 60-day period, the
206business entity may complete an existing contract or continuing
207contract but may not undertake a new contract. The department
208may extend the period for an additional 60 days upon a showing
209of good cause.
210     (d)  The department shall take disciplinary action against
211a business entity in the same manner and on the same grounds as
212against an individual portable restroom contractor.
213     (e)  A person who is otherwise authorized by law to provide
214portable restroom contracting services may not use the name,
215telephone number, advertisement, logo, or other identifiers of a
216business entity whose certificate of authorization has been
217revoked or otherwise invalidated.
219certificate of registration may be suspended or revoked upon a
220showing that the registrant has:
221     (a)  Violated this section, s. 381.0065, or s. 386.041;
222     (b)  Violated an order or a rule of the department; or
223     (c)  Obtained a certificate of registration or other order,
224ruling, or authorization by means of fraud, misrepresentation,
225or concealment of material fact.
226     (7)  FEES.--
227     (a)  The department shall, by rule, establish fees as
229     1.  For registration as a portable restroom contractor:
230     a.  Application and examination fee: not less than $25 or
231more than $75.
232     b.  Initial registration fee: not less than $50 or more
233than $100.
234     c.  Renewal of registration fee: not less than $50 or more
235than $100.
236     2.  For authorization of a business entity: not less than
237$100 or more than $250.
238     (b)  Fees established under paragraph (a) shall be based on
239the actual costs incurred by the department in carrying out its
240registration, authorization, and other related responsibilities
241under this section.
243     (a)  A person who violates any provision of this section
244commits a misdemeanor of the first degree, punishable as
245provided in s. 775.082 or s. 775.083.
246     (b)  The department may deny a registration, authorization,
247or renewal of a registration or authorization if an applicant
248does not meet the requirements of this section or has violated
249any provision of this section or if there is any outstanding
250administrative penalty with the department in which the penalty
251is final agency action and all judicial reviews are exhausted.
252Any applicant aggrieved by such denial is entitled to a hearing,
253after reasonable notice thereof, upon filing a written request
254in accordance with chapter 120.
255     Section 2.  Subsection (1) of section 381.0061, Florida
256Statutes, is amended to read:
257     381.0061  Administrative fines.--
258     (1)  In addition to any administrative action authorized by
259chapter 120 or by other law, the department may impose a fine,
260which shall not exceed $500 for each violation, for a violation
261of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069, s.
262381.0072, or part III of chapter 489, for a violation of any
263rule adopted under this chapter, or for a violation of any of
264the provisions of chapter 386. Notice of intent to impose such
265fine shall be given by the department to the alleged violator.
266Each day that a violation continues may constitute a separate
268     Section 3.  Paragraph (m) of subsection (3) and subsection
269(5) of section 381.0065, Florida Statutes, are amended to read:
270     381.0065  Onsite sewage treatment and disposal systems;
273department shall:
274     (m)  Regulate, permit, and inspect the use of portable
275restrooms, mobile restrooms, mobile shower trailers, and
276associated wastewater Permit and inspect portable or temporary
277toilet services and holding tanks; regulate, permit, and inspect
278an individual or business that provides or services such
279facilities; and. The department shall review applications,
280perform site evaluations, and issue permits for the temporary
281use of stationary holding tanks, privies, portable toilet
282services, or any other toilet facility that is intended for use
283on a permanent or nonpermanent basis, including facilities
284placed on construction sites when workers are present. The
285department may specify standards for the construction,
286maintenance, use, and operation of any such facility for
287temporary use.
289     (a)  Department personnel who have reason to believe
290noncompliance exists, may, at any reasonable time, enter the
291premises permitted under ss. 381.0065-381.0066, or the business
292premises of any septic tank contractor or master septic tank
293contractor registered under part III of chapter 489, the
294business premises of any portable restroom contractor registered
295or certified under s. 381.0069, or any premises that the
296department has reason to believe is being operated or maintained
297not in compliance, to determine compliance with the provisions
298of this section, part I of chapter 386, or part III of chapter
299489 or rules or standards adopted under ss. 381.0065-381.0067,
300s. 381.0069, part I of chapter 386, or part III of chapter 489.
301As used in this paragraph, the term "premises" does not include
302a residence or private building. To gain entry to a residence or
303private building, the department must obtain permission from the
304owner or occupant or secure an inspection warrant from a court
305of competent jurisdiction.
306     (b)1.  The department may issue citations that may contain
307an order of correction or an order to pay a fine, or both, for
308violations of ss. 381.0065-381.0067, s. 381.0069, part I of
309chapter 386, or part III of chapter 489 or the rules adopted by
310the department, when a violation of these sections or rules is
311enforceable by an administrative or civil remedy, or when a
312violation of these sections or rules is a misdemeanor of the
313second degree. A citation issued under ss. 381.0065-381.0067, s.
314381.0069, part I of chapter 386, or part III of chapter 489
315constitutes a notice of proposed agency action.
316     2.  A citation must be in writing and must describe the
317particular nature of the violation, including specific reference
318to the provisions of law or rule allegedly violated.
319     3.  The fines imposed by a citation issued by the
320department may not exceed $500 for each violation. Each day the
321violation exists constitutes a separate violation for which a
322citation may be issued.
323     4.  The department shall inform the recipient, by written
324notice pursuant to ss. 120.569 and 120.57, of the right to an
325administrative hearing to contest the citation within 21 days
326after the date the citation is received. The citation must
327contain a conspicuous statement that if the recipient fails to
328pay the fine within the time allowed, or fails to appear to
329contest the citation after having requested a hearing, the
330recipient has waived the recipient's right to contest the
331citation and must pay an amount up to the maximum fine.
332     5.  The department may reduce or waive the fine imposed by
333the citation. In determining whether to reduce or waive the
334fine, the department must consider the gravity of the violation,
335the person's attempts at correcting the violation, and the
336person's history of previous violations including violations for
337which enforcement actions were taken under ss. 381.0065-
338381.0067, s. 381.0069, part I of chapter 386, part III of
339chapter 489, or other provisions of law or rule.
340     6.  Any person who willfully refuses to sign and accept a
341citation issued by the department commits a misdemeanor of the
342second degree, punishable as provided in s. 775.082 or s.
344     7.  The department, pursuant to ss. 381.0065-381.0067, s.
345381.0069, part I of chapter 386, or part III of chapter 489,
346shall deposit any fines it collects in the county health
347department trust fund for use in providing services specified in
348those sections.
349     8.  This section provides an alternative means of enforcing
350ss. 381.0065-381.0067, s. 381.0069, part I of chapter 386, and
351part III of chapter 489. This section does not prohibit the
352department from enforcing ss. 381.0065-381.0067, s. 381.0069,
353part I of chapter 386, or part III of chapter 489, or its rules,
354by any other means. However, the department must elect to use
355only a single method of enforcement for each violation.
356     Section 4.  This act shall take effect July 1, 2005.

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