HB 333

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 as a
100skilled worker under the supervision and control of a portable
101restroom contractor who is registered under this section.
102Related work experience or educational experience may be
103substituted for no more than 2 years of active contracting
104experience 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.  A person employed by and under the supervision of a
119licensed portable restroom contractor shall be granted up to 2
120years of related work experience.
121     5.  Have not had a portable restroom contractor
122registration revoked within 5 years before applying for
124     (e)  The department shall provide to each applicant for
125registration a copy of this section and any rules adopted under
126this section. The department may also prepare and disseminate
127other material and questionnaires it finds necessary to carry
128out the registration provisions of this section.
129     (f)  A person who, on October 1, 2005, has been employed at
130least 1 year in this state by a portable restroom service
131provider holding a permit issued by the department pursuant to
132s. 381.0065(3)(m) has until October 1, 2006, to be registered by
133the department in accordance with this section and may continue
134to perform portable restroom contracting services without
135registration until that time. Such persons are exempt until
136October 1, 2006, from the requirement of subparagraph (d)4. for
1373 years of active work experience.
139     (a)  The department shall prescribe by rule methods for
140approving continuing education courses and course providers, for
141renewing annual registration, for approving the reversion of a
142registration to inactive status when the renewal application is
143late filed, for allowing a contractor to hold a registration in
144inactive status for a specified period, and for reactivating an
145inactive registration. The department shall require at least 6
146classroom hours annually of continuing education courses for
147annual registration renewal or to reactivate an inactive
149     (b)  A certificate of registration becomes inactive when a
150renewal application is not timely filed. A registration that has
151become inactive may be reactivated by application to the
152department. A registered contractor may apply to the department
153for voluntary inactive status at any time during the period of
156     (a)  A parent corporation, corporation, subsidiary of a
157corporation, or a partnership, association, or person practicing
158under a fictitious name may not offer or provide portable
159restroom contracting services to the public without a valid
160certificate of authorization issued by the department. A
161contractor registered under this section may not offer or
162provide portable restroom contracting services on behalf of such
163a business entity unless that entity holds a valid certificate
164of authorization. A certificate of authorization is not required
165when a contractor registered under this section offers or
166provides portable restroom contracting service in his or her own
167given name.
168     (b)  The department shall issue a certificate of
169authorization upon demonstration by the applying business entity
170that each person who is authorized to act on the applicant
171entity's behalf as a portable restroom contractor is registered
172under this section and also that, if a corporation, at least one
173of its principal officers or, if a partnership, at least one
174partner is registered under this section. The department may not
175issue a certificate of authorization to a corporation whose
176agent is a manager unless no officers of the corporation reside
177in the state and the corporation provides a notarized letter to
178the department authorizing one or more managers to act as the
179corporate agent and registered contractor. The notarized letter
180must list the names and addresses of each officer of the
181corporation and state that the letter does not remove
182responsibility from the corporation's officers. The department
183may not issue a certificate whereby the same registered
184contractor would become the sole qualifying contractor for more
185than one business entity. This subsection may not be construed
186to mean that a certificate of registration to practice portable
187restroom contracting shall be held by a business entity.
188Compliance with this subsection does not relieve a business
189entity of responsibility for the conduct or acts of its agents,
190employees, or officers. Employment by or a relationship with a
191business entity does not relieve an individual who is engaged in
192portable restroom contracting from responsibility for his or her
194     (c)  Unless renewed or revoked, each certification of
195authorization is valid for 2 years. A business entity certified
196under this subsection must notify the department within 1 month
197after any change in the information contained in the application
198upon which the certification is based. A business entity that
199terminates affiliation with a qualifying registered contractor
200has 60 days following the date of termination in which to obtain
201another qualifying contractor. During the 60-day period, the
202business entity may complete an existing contract or continuing
203contract but may not undertake a new contract. The department
204may extend the period for an additional 60 days upon a showing
205of good cause.
206     (d)  The department shall take disciplinary action against
207a business entity in the same manner and on the same grounds as
208against an individual portable restroom contractor.
209     (e)  A person who is otherwise authorized by law to provide
210portable restroom contracting services may not use the name,
211telephone number, advertisement, logo, or other identifiers of a
212business entity whose certificate of authorization has been
213revoked or otherwise invalidated.
215certificate of registration may be suspended or revoked upon a
216showing that the registrant has:
217     (a)  Violated this section, s. 381.0065, or s. 386.041;
218     (b)  Violated an order or a rule of the department; or
219     (c)  Obtained a certificate of registration or other order,
220ruling, or authorization by means of fraud, misrepresentation,
221or concealment of material fact.
222     (7)  FEES.--
223     (a)  The department shall, by rule, establish fees as
225     1.  For registration as a portable restroom contractor:
226     a.  Application and examination fee: not less than $25 or
227more than $75.
228     b.  Initial registration fee: not less than $50 or more
229than $100.
230     c.  Renewal of registration fee: not less than $50 or more
231than $100.
232     2.  For authorization of a business entity: not less than
233$100 or more than $250.
234     (b)  Fees established under paragraph (a) shall be based on
235the actual costs incurred by the department in carrying out its
236registration, authorization, and other related responsibilities
237under this section.
239     (a)  A person who violates any provision of this section
240commits a misdemeanor of the first degree, punishable as
241provided in s. 775.082 or s. 775.083.
242     (b)  The department may deny a registration, authorization,
243or renewal of a registration or authorization if an applicant
244does not meet the requirements of this section or has violated
245any provision of this section or if there is any outstanding
246administrative penalty with the department in which the penalty
247is final agency action and all judicial reviews are exhausted.
248Any applicant aggrieved by such denial is entitled to a hearing,
249after reasonable notice thereof, upon filing a written request
250in accordance with chapter 120.
251     Section 2.  Subsection (1) of section 381.0061, Florida
252Statutes, is amended to read:
253     381.0061  Administrative fines.--
254     (1)  In addition to any administrative action authorized by
255chapter 120 or by other law, the department may impose a fine,
256which shall not exceed $500 for each violation, for a violation
257of s. 381.006(16), s. 381.0065, s. 381.0066, s. 381.0069, s.
258381.0072, or part III of chapter 489, for a violation of any
259rule adopted under this chapter, or for a violation of any of
260the provisions of chapter 386. Notice of intent to impose such
261fine shall be given by the department to the alleged violator.
262Each day that a violation continues may constitute a separate
264     Section 3.  Paragraph (m) of subsection (3) and subsection
265(5) of section 381.0065, Florida Statutes, are amended to read:
266     381.0065  Onsite sewage treatment and disposal systems;
269department shall:
270     (m)  Regulate, permit, and inspect the use of portable
271restrooms, mobile restrooms, mobile shower trailers, and
272associated wastewater Permit and inspect portable or temporary
273toilet services and holding tanks; regulate, permit, and inspect
274an individual or business that provides or services such
275facilities; and. The department shall review applications,
276perform site evaluations, and issue permits for the temporary
277use of stationary holding tanks, privies, portable toilet
278services, or any other toilet facility that is intended for use
279on a permanent or nonpermanent basis, including facilities
280placed on construction sites when workers are present. The
281department may specify standards for the construction,
282maintenance, use, and operation of any such facility for
283temporary use.
285     (a)  Department personnel who have reason to believe
286noncompliance exists, may, at any reasonable time, enter the
287premises permitted under ss. 381.0065-381.0066, or the business
288premises of any septic tank contractor or master septic tank
289contractor registered under part III of chapter 489, the
290business premises of any portable restroom contractor registered
291or certified under s. 381.0069, or any premises that the
292department has reason to believe is being operated or maintained
293not in compliance, to determine compliance with the provisions
294of this section, part I of chapter 386, or part III of chapter
295489 or rules or standards adopted under ss. 381.0065-381.0067,
296s. 381.0069, part I of chapter 386, or part III of chapter 489.
297As used in this paragraph, the term "premises" does not include
298a residence or private building. To gain entry to a residence or
299private building, the department must obtain permission from the
300owner or occupant or secure an inspection warrant from a court
301of competent jurisdiction.
302     (b)1.  The department may issue citations that may contain
303an order of correction or an order to pay a fine, or both, for
304violations of ss. 381.0065-381.0067, s. 381.0069, part I of
305chapter 386, or part III of chapter 489 or the rules adopted by
306the department, when a violation of these sections or rules is
307enforceable by an administrative or civil remedy, or when a
308violation of these sections or rules is a misdemeanor of the
309second degree. A citation issued under ss. 381.0065-381.0067, s.
310381.0069, part I of chapter 386, or part III of chapter 489
311constitutes a notice of proposed agency action.
312     2.  A citation must be in writing and must describe the
313particular nature of the violation, including specific reference
314to the provisions of law or rule allegedly violated.
315     3.  The fines imposed by a citation issued by the
316department may not exceed $500 for each violation. Each day the
317violation exists constitutes a separate violation for which a
318citation may be issued.
319     4.  The department shall inform the recipient, by written
320notice pursuant to ss. 120.569 and 120.57, of the right to an
321administrative hearing to contest the citation within 21 days
322after the date the citation is received. The citation must
323contain a conspicuous statement that if the recipient fails to
324pay the fine within the time allowed, or fails to appear to
325contest the citation after having requested a hearing, the
326recipient has waived the recipient's right to contest the
327citation and must pay an amount up to the maximum fine.
328     5.  The department may reduce or waive the fine imposed by
329the citation. In determining whether to reduce or waive the
330fine, the department must consider the gravity of the violation,
331the person's attempts at correcting the violation, and the
332person's history of previous violations including violations for
333which enforcement actions were taken under ss. 381.0065-
334381.0067, s. 381.0069, part I of chapter 386, part III of
335chapter 489, or other provisions of law or rule.
336     6.  Any person who willfully refuses to sign and accept a
337citation issued by the department commits a misdemeanor of the
338second degree, punishable as provided in s. 775.082 or s.
340     7.  The department, pursuant to ss. 381.0065-381.0067, s.
341381.0069, part I of chapter 386, or part III of chapter 489,
342shall deposit any fines it collects in the county health
343department trust fund for use in providing services specified in
344those sections.
345     8.  This section provides an alternative means of enforcing
346ss. 381.0065-381.0067, s. 381.0069, part I of chapter 386, and
347part III of chapter 489. This section does not prohibit the
348department from enforcing ss. 381.0065-381.0067, s. 381.0069,
349part I of chapter 386, or part III of chapter 489, or its rules,
350by any other means. However, the department must elect to use
351only a single method of enforcement for each violation.
352     Section 4.  This act shall take effect July 1, 2005.

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