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           .                                
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       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.