Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1568
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Health Policy (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 139 - 243
    4  and insert:
    5         Section 4. Section 381.0067, Florida Statutes, is amended
    6  to read:
    7         381.0067 Corrective orders; private and certain public
    8  water systems and onsite sewage treatment and disposal systems.
    9  When the department or its agents, through investigation, find
   10  that any private water system, public water system not covered
   11  or included in the Florida Safe Drinking Water Act (part VI of
   12  chapter 403), or onsite sewage treatment and disposal system
   13  constitutes a nuisance or menace to the public health or
   14  significantly degrades the groundwater or surface water, the
   15  department or its agents may issue an order requiring the owner
   16  to correct the improper condition. If the improper condition
   17  relates to the drainfield of an onsite sewage treatment and
   18  disposal system, the department or its agents may issue an order
   19  requiring the owner to repair or replace the drainfield. If an
   20  onsite sewage treatment and disposal system has failed, the
   21  department or its agents shall issue an order requiring the
   22  owner to replace the system. For purposes of this section, an
   23  onsite sewage treatment and disposal system has failed if the
   24  operation of the system constitutes a nuisance or menace to the
   25  public health or significantly degrades the groundwater or
   26  surface water and the system cannot be repaired.
   27         Section 5. Subsections (2) and (4) of section 381.0101,
   28  Florida Statutes, are amended to read:
   29         381.0101 Environmental health professionals.—
   30         (2) CERTIFICATION REQUIRED.—A person may not perform
   31  environmental health or sanitary evaluations in any primary
   32  program area of environmental health or an onsite sewage
   33  treatment and disposal program under ss. 381.0065 and 381.00651
   34  without being certified by the department as competent to
   35  perform such evaluations. This section does not apply to:
   36         (a) Persons performing inspections of public food service
   37  establishments licensed under chapter 509; or
   38         (b) Persons performing site evaluations in order to
   39  determine proper placement and installation of onsite sewage
   40  wastewater treatment and disposal systems who have successfully
   41  completed a department-approved soils morphology course and who
   42  are working under the direct responsible charge of an engineer
   43  licensed under chapter 471.
   44         (4) STANDARDS FOR CERTIFICATION.—The department shall adopt
   45  rules that establish definitions of terms and minimum standards
   46  of education, training, or experience for those persons subject
   47  to this section. The rules must also address the process for
   48  application, examination, issuance, expiration, and renewal of
   49  certification and ethical standards of practice for the
   50  profession.
   51         (a) Persons employed as environmental health professionals
   52  shall exhibit a knowledge of rules and principles of
   53  environmental and public health law in Florida through
   54  examination. A person may not conduct environmental health
   55  evaluations in a primary program area or an onsite sewage
   56  treatment and disposal program under ss. 381.0065 and 381.00651
   57  unless he or she is currently certified in that program area or
   58  works under the direct supervision of a certified environmental
   59  health professional.
   60         1. All persons who begin employment in a primary
   61  environmental health program or an onsite sewage treatment and
   62  disposal system program on or after September 21, 1994, must be
   63  certified in that program within 6 months after employment.
   64         2. Persons employed in the primary environmental health
   65  program of a food protection program or an onsite sewage
   66  treatment and disposal system program before prior to September
   67  21, 1994, are shall be considered certified while employed in
   68  that position and are shall be required to adhere to any
   69  professional standards established by the department pursuant to
   70  paragraph (b), complete any continuing education requirements
   71  imposed under paragraph (d), and pay the certificate renewal fee
   72  imposed under subsection (6).
   73         3. Persons employed in the primary environmental health
   74  program of a food protection program or an onsite sewage
   75  treatment and disposal system program before prior to September
   76  21, 1994, who change positions or program areas and transfer
   77  into another primary environmental health program area on or
   78  after September 21, 1994, must be certified in that program
   79  within 6 months after such transfer, except that they are will
   80  not be required to possess the college degree required under
   81  paragraph (e).
   82         4. Registered sanitarians are shall be considered certified
   83  and are shall be required to adhere to any professional
   84  standards established by the department pursuant to paragraph
   85  (b).
   86         (b) At a minimum, the department shall establish standards
   87  for professionals in the areas of food hygiene and onsite sewage
   88  treatment and disposal.
   89         (c) Those persons conducting primary environmental health
   90  evaluations or evaluations of onsite sewage treatment and
   91  disposal systems must shall be certified by examination to be
   92  
   93  ================= T I T L E  A M E N D M E N T ================
   94  And the title is amended as follows:
   95         Delete lines 23 - 33
   96  and insert:
   97         systems; amending s. 381.0067, F.S.; conforming
   98         provisions to changes made by the act; amending s.
   99         381.0101, F.S.; revising certification requirements
  100         for persons performing evaluations of onsite sewage
  101         treatment and disposal systems; making technical
  102         changes;