Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 856
       
       
       
       
       
       
                                Ì323744-Î323744                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/13/2022           .                                
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Brodeur) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 28 - 160
    4  and insert:
    5  private provider to perform an inspection that follows
    6  applicable regulatory requirements of the onsite sewage
    7  treatment and disposal system and pay the private provider
    8  directly if the inspection is the subject of a written contract
    9  between the private provider or the private provider’s firm and
   10  the owner or the authorized contractor.
   11         (b)The department may not charge an inspection fee for an
   12  onsite sewage treatment and disposal system inspection performed
   13  by a private provider under written contract with an owner or
   14  authorized contractor in accordance with this section and
   15  department rules.
   16         (c)A private provider or an authorized representative of a
   17  private provider may perform onsite sewage treatment and
   18  disposal system inspections if they are:
   19         1.An environmental health professional certified under s.
   20  381.0101;
   21         2.A master septic tank contractor registered under part
   22  III of chapter 489;
   23         3.A professional engineer licensed under chapter 471 and
   24  has passed all parts of the Onsite Sewage Treatment Disposal
   25  System Accelerated Certification Training; or
   26         4.Working under the supervision of a licensed professional
   27  engineer and has passed all parts of the Onsite Sewage Treatment
   28  Disposal System Accelerated Certification Training.
   29         (d)An owner or authorized contractor using a private
   30  provider for an onsite sewage treatment and disposal system
   31  inspection must provide notice to the department at the time of
   32  permit application or by 2 p.m. local time, 2 business days
   33  before the first scheduled inspection by the department. The
   34  notice must include all of the following information:
   35         1.For each private provider or authorized representative
   36  performing the inspection:
   37         a.Name and firm name, address, telephone number, and e
   38  mail address.
   39         b.Professional license or certification number.
   40         c.Qualification statement or resume.
   41         2.An acknowledgment from the owner in substantially the
   42  following form:
   43  
   44  I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM
   45  AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT
   46  IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND
   47  THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE
   48  TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE
   49  WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY
   50  LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED
   51  OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY
   52  EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY
   53  REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE
   54  PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY
   55  PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
   56  DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED
   57  OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO
   58  PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
   59  INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT
   60  APPLICATION. ADDITIONALLY, I UNDERSTAND THAT IN THE EVENT THE
   61  ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM DOES NOT COMPLY WITH
   62  APPLICABLE RULES AND LAW, I WILL BE RESPONSIBLE FOR REMEDIATING
   63  THE SYSTEM IN ACCORDANCE WITH EXISTING LAW.
   64  
   65  If an owner or authorized contractor makes any changes to the
   66  listed private provider or the service to be performed by the
   67  private provider, the owner or the authorized contractor must
   68  update the notice to reflect the change within 1 business day
   69  after the change. The change of an authorized representative
   70  identified in the permit application does not require a revision
   71  of the permit and the department may not charge a fee for making
   72  such change.
   73         (e)The department may audit up to 25 percent of private
   74  providers each year to ensure the accurate performance of onsite
   75  sewage treatment and disposal system inspections. This
   76  subsection may not be construed to prevent the department from
   77  investigating complaints. Work on an onsite sewage treatment and
   78  disposal system may proceed after inspection and approval by a
   79  private provider if the owner or authorized contractor has given
   80  notice of the inspection pursuant to paragraph (d). Subsequent
   81  to such inspection and approval, such work may not be delayed
   82  for completion of an inspection audit by the department unless
   83  deficiencies are found in the audit.
   84         (f)The department shall adopt rules to implement this
   85  subsection and shall initiate such rulemaking by August 31,
   86  2022.
   87         Section 2. Paragraph (b) of subsection (6) and subsection
   88  (8) of section 381.00651, Florida Statutes, are amended to read:
   89         381.00651 Periodic evaluation and assessment of onsite
   90  sewage treatment and disposal systems.—
   91         (6) The requirements for an onsite sewage treatment and
   92  disposal system evaluation and assessment program are as
   93  follows:
   94         (b) Qualified contractors.—Each evaluation required under
   95  this subsection must be performed by a qualified contractor, who
   96  may be a private provider or an authorized representative of a
   97  private provider as described in s. 381.0065(8)(c) a septic tank
   98  contractor or master septic tank contractor registered under
   99  part III of chapter 489, a professional engineer having
  100  wastewater treatment system experience and licensed under
  101  chapter 471, or an environmental health professional certified
  102  under this chapter in the area of onsite sewage treatment and
  103  disposal system evaluation. Evaluations and pump-outs may also
  104  be performed by an authorized employee working under the
  105  supervision of an individual listed in this paragraph; however,
  106  all evaluation forms must be signed by a qualified contractor in
  107  writing or by electronic signature.
  108         (8) The county health department, in coordination with the
  109  department, shall administer any evaluation program on behalf of
  110  a county, or a municipality within the county, that has adopted
  111  an evaluation program pursuant to this section. In order to
  112  administer the evaluation program, the county or municipality,
  113  in consultation with the county health department, may develop a
  114  reasonable fee schedule to be used solely to pay for the costs
  115  of administering the evaluation program. Such a fee schedule
  116  shall be identified in the ordinance that adopts the evaluation
  117  program. When arriving at a reasonable fee schedule, the
  118  estimated annual revenues to be derived from fees may not exceed
  119  reasonable estimated annual costs of the program. Fees shall be
  120  assessed to the system owner during an inspection and separately
  121  identified on the invoice of the qualified contractor. Fees
  122  shall be remitted by the qualified contractor to the county
  123  health department.
  124         (a) The county health department’s administrative
  125  responsibilities include the following:
  126         1.(a) Providing a notice to the system owner at least 60
  127  days before the system is due for an evaluation. The notice may
  128  include information on the proper maintenance of onsite sewage
  129  treatment and disposal systems.
  130         2.(b) In consultation with the department, providing
  131  uniform disciplinary procedures and penalties for qualified
  132  contractors who do not comply with the requirements of the
  133  adopted ordinance, including, but not limited to, failure to
  134  provide the evaluation report as required in this subsection to
  135  the system owner and the county health department. Only the
  136  county health department may assess penalties against system
  137  owners for failure to comply with the adopted ordinance,
  138  consistent with existing requirements of law.
  139         (b)Nothing in this subsection may be construed as
  140  authorizing the department to charge an inspection fee for an
  141  onsite sewage treatment and disposal system inspection performed
  142  by a private provider in accordance with s. 381.0065(8).
  143         Section 3. This act shall take effect July 1, 2022.
  144  
  145  ================= T I T L E  A M E N D M E N T ================
  146  And the title is amended as follows:
  147         Delete lines 12 - 13
  148  and insert:
  149         performance of a specified percentage of such
  150         inspections; providing construction; providing audit
  151         conditions; requiring the department to adopt rules
  152         and to initiate rulemaking by a specified date;
  153         amending s. 381.00651, F.S.; revising the