Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. PCS (356200) for CS for SB 856 Ì200258(Î200258 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/25/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Brodeur) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) is added to section 381.0065, 6 Florida Statutes, to read: 7 381.0065 Onsite sewage treatment and disposal systems; 8 regulation.— 9 (8) PRIVATE PROVIDER INSPECTIONS.— 10 (a) Notwithstanding any other law, ordinance, or policy, 11 the owner of an onsite sewage treatment and disposal system or a 12 contractor upon the owner’s written authorization may hire a 13 private provider to perform an inspection that follows 14 applicable regulatory requirements of the onsite sewage 15 treatment and disposal system. 16 (b) An inspection of an onsite sewage treatment and 17 disposal system required under this section may not be conducted 18 by the private provider or authorized representative of the 19 private provider that installed the onsite sewage treatment and 20 disposal system. 21 (c) A private provider or an authorized representative of a 22 private provider may perform onsite sewage treatment and 23 disposal system inspections if they are: 24 1. An environmental health professional certified under s. 25 381.0101; 26 2. A master septic tank contractor registered under part 27 III of chapter 489; 28 3. A professional engineer licensed under chapter 471 and 29 have passed all parts of the Onsite Sewage Treatment and 30 Disposal System Accelerated Certification Training; or 31 4. Working under the supervision of a licensed professional 32 engineer and have passed all parts of the Onsite Sewage 33 Treatment and Disposal System Accelerated Certification 34 Training. 35 (d) An owner or authorized contractor using a private 36 provider for an onsite sewage treatment and disposal system 37 inspection must provide notice to the department at the time of 38 permit application or by 2 p.m. local time, 2 business days 39 before the first scheduled inspection by the department. The 40 notice must include all of the following information: 41 1. For each private provider or authorized representative 42 performing the inspection: 43 a. Name and firm name, address, telephone number, and e 44 mail address. 45 b. Professional license or certification number. 46 c. Qualification statement or resume. 47 2. An acknowledgment from the owner in substantially the 48 following form: 49 50 I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM 51 AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT 52 IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND 53 THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE 54 TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE 55 WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY 56 LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED 57 OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY 58 EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY 59 REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE 60 PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY 61 PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 62 DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED 63 OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO 64 PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM 65 INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT 66 APPLICATION. ADDITIONALLY, I UNDERSTAND THAT IN THE EVENT THE 67 ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM DOES NOT COMPLY WITH 68 APPLICABLE RULES AND LAW, I WILL BE RESPONSIBLE FOR REMEDIATING 69 THE SYSTEM IN ACCORDANCE WITH EXISTING LAW. 70 71 If an owner or authorized contractor makes any changes to the 72 listed private provider or the service to be performed by the 73 private provider, the owner or the authorized contractor must 74 update the notice to reflect the change within 1 business day 75 after the change. The change of an authorized representative 76 identified in the permit application does not require a revision 77 of the permit and the department may not charge a fee for making 78 such change. 79 (e) The department may audit up to 25 percent of private 80 providers each year to ensure the accurate performance of onsite 81 sewage treatment and disposal system inspections. Work on an 82 onsite sewage treatment and disposal system may proceed after 83 inspection and approval by a private provider if the owner or 84 authorized contractor has given notice of the inspection 85 pursuant to paragraph (d) and, subsequent to such inspection and 86 approval, such work may not be delayed for completion of an 87 inspection audit by the department unless deficiencies are found 88 in the audit. 89 (f) This subsection does not prevent the department from 90 investigating complaints. 91 (g) By October 1, 2023, the department shall submit a 92 report to the President of the Senate and the Speaker of the 93 House of Representatives reviewing the use of private providers 94 to perform onsite sewage treatment and disposal system 95 inspections as authorized by this subsection. The report must 96 include, at a minimum, the number of such inspections performed 97 by private providers. 98 (h) The department shall adopt rules to implement this 99 subsection and must initiate such rulemaking by August 31, 2022. 100 Section 2. This act shall take effect July 1, 2022. 101 102 ================= T I T L E A M E N D M E N T ================ 103 And the title is amended as follows: 104 Delete everything before the enacting clause 105 and insert: 106 A bill to be entitled 107 An act relating to private provider inspections of 108 onsite sewage treatment and disposal systems; amending 109 s. 381.0065, F.S.; authorizing private provider 110 inspections of onsite sewage treatment and disposal 111 systems under certain conditions; specifying 112 requirements for private providers and onsite sewage 113 treatment and disposal system owners and authorized 114 contractors; authorizing the Department of 115 Environmental Protection to audit the performance of a 116 specified percentage of such inspections; providing 117 audit conditions and construction; requiring the 118 department to submit a report to the Legislature 119 reviewing the use of private providers to perform 120 onsite sewage treatment and disposal system 121 inspections by a specified date; providing report 122 requirements; requiring the department to adopt rules 123 and to initiate rulemaking by a specified date; 124 providing an effective date.