Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 856
       
       
       
       
       
                               Ì356200cÎ356200                          
       
       576-01982-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to private provider inspections of
    3         onsite sewage treatment and disposal systems; amending
    4         s. 381.0065, F.S.; authorizing private provider
    5         inspections of onsite sewage treatment and disposal
    6         systems under certain conditions; prohibiting the
    7         Department of Environmental Protection from charging
    8         certain inspection and permit fees; specifying
    9         requirements for private providers and onsite sewage
   10         treatment and disposal system owners and authorized
   11         contractors; authorizing the department to audit the
   12         performance of a specified percentage of such
   13         inspections; providing construction; providing audit
   14         conditions; requiring the department to adopt rules
   15         and to initiate rulemaking by a specified date;
   16         amending s. 381.00651, F.S.; revising the list of
   17         providers authorized to perform onsite sewage
   18         treatment and disposal system evaluations; providing
   19         for applicability; providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (8) is added to section 381.0065,
   24  Florida Statutes, to read:
   25         381.0065 Onsite sewage treatment and disposal systems;
   26  regulation.—
   27         (8)PRIVATE PROVIDER INSPECTIONS.—
   28         (a)Notwithstanding any other law, ordinance, or policy,
   29  the owner of an onsite sewage treatment and disposal system or a
   30  contractor upon the owner’s written authorization may hire a
   31  private provider to perform an inspection that follows
   32  applicable regulatory requirements of the onsite sewage
   33  treatment and disposal system and pay the private provider
   34  directly if the inspection is the subject of a written contract
   35  between the private provider or the private provider’s firm and
   36  the owner or the authorized contractor.
   37         (b)The department may not charge an inspection fee for an
   38  onsite sewage treatment and disposal system inspection performed
   39  by a private provider under written contract with an owner or
   40  authorized contractor in accordance with this section and
   41  department rules.
   42         (c)A private provider or an authorized representative of a
   43  private provider may perform onsite sewage treatment and
   44  disposal system inspections if they are:
   45         1.An environmental health professional certified under s.
   46  381.0101;
   47         2.A master septic tank contractor registered under part
   48  III of chapter 489;
   49         3.A professional engineer licensed under chapter 471 and
   50  has passed all parts of the Onsite Sewage Treatment Disposal
   51  System Accelerated Certification Training; or
   52         4.Working under the supervision of a licensed professional
   53  engineer and has passed all parts of the Onsite Sewage Treatment
   54  Disposal System Accelerated Certification Training.
   55         (d)An owner or authorized contractor using a private
   56  provider for an onsite sewage treatment and disposal system
   57  inspection must provide notice to the department at the time of
   58  permit application or by 2 p.m. local time, 2 business days
   59  before the first scheduled inspection by the department. The
   60  notice must include all of the following information:
   61         1.For each private provider or authorized representative
   62  performing the inspection:
   63         a.Name and firm name, address, telephone number, and e
   64  mail address.
   65         b.Professional license or certification number.
   66         c.Qualification statement or resume.
   67         2.An acknowledgment from the owner in substantially the
   68  following form:
   69  
   70  I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM
   71  AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT
   72  IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND
   73  THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE
   74  TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE
   75  WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY
   76  LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED
   77  OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY
   78  EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY
   79  REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE
   80  PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY
   81  PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
   82  DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED
   83  OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO
   84  PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
   85  INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT
   86  APPLICATION. ADDITIONALLY, I UNDERSTAND THAT IN THE EVENT THE
   87  ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM DOES NOT COMPLY WITH
   88  APPLICABLE RULES AND LAW, I WILL BE RESPONSIBLE FOR REMEDIATING
   89  THE SYSTEM IN ACCORDANCE WITH EXISTING LAW.
   90  
   91  If an owner or authorized contractor makes any changes to the
   92  listed private provider or the service to be performed by the
   93  private provider, the owner or the authorized contractor must
   94  update the notice to reflect the change within 1 business day
   95  after the change. The change of an authorized representative
   96  identified in the permit application does not require a revision
   97  of the permit and the department may not charge a fee for making
   98  such change.
   99         (e)The department may audit up to 25 percent of private
  100  providers each year to ensure the accurate performance of onsite
  101  sewage treatment and disposal system inspections. This
  102  subsection may not be construed to prevent the department from
  103  investigating complaints. Work on an onsite sewage treatment and
  104  disposal system may proceed after inspection and approval by a
  105  private provider if the owner or authorized contractor has given
  106  notice of the inspection pursuant to paragraph (d). Subsequent
  107  to such inspection and approval, such work may not be delayed
  108  for completion of an inspection audit by the department unless
  109  deficiencies are found in the audit.
  110         (f)The department shall adopt rules to implement this
  111  subsection and shall initiate such rulemaking by August 31,
  112  2022.
  113         Section 2. Paragraph (b) of subsection (6) and subsection
  114  (8) of section 381.00651, Florida Statutes, are amended to read:
  115         381.00651 Periodic evaluation and assessment of onsite
  116  sewage treatment and disposal systems.—
  117         (6) The requirements for an onsite sewage treatment and
  118  disposal system evaluation and assessment program are as
  119  follows:
  120         (b) Qualified contractors.—Each evaluation required under
  121  this subsection must be performed by a qualified contractor, who
  122  may be a private provider or an authorized representative of a
  123  private provider as described in s. 381.0065(8)(c) a septic tank
  124  contractor or master septic tank contractor registered under
  125  part III of chapter 489, a professional engineer having
  126  wastewater treatment system experience and licensed under
  127  chapter 471, or an environmental health professional certified
  128  under this chapter in the area of onsite sewage treatment and
  129  disposal system evaluation. Evaluations and pump-outs may also
  130  be performed by an authorized employee working under the
  131  supervision of an individual listed in this paragraph; however,
  132  all evaluation forms must be signed by a qualified contractor in
  133  writing or by electronic signature.
  134         (8) The county health department, in coordination with the
  135  department, shall administer any evaluation program on behalf of
  136  a county, or a municipality within the county, that has adopted
  137  an evaluation program pursuant to this section. In order to
  138  administer the evaluation program, the county or municipality,
  139  in consultation with the county health department, may develop a
  140  reasonable fee schedule to be used solely to pay for the costs
  141  of administering the evaluation program. Such a fee schedule
  142  shall be identified in the ordinance that adopts the evaluation
  143  program. When arriving at a reasonable fee schedule, the
  144  estimated annual revenues to be derived from fees may not exceed
  145  reasonable estimated annual costs of the program. Fees shall be
  146  assessed to the system owner during an inspection and separately
  147  identified on the invoice of the qualified contractor. Fees
  148  shall be remitted by the qualified contractor to the county
  149  health department.
  150         (a) The county health department’s administrative
  151  responsibilities include the following:
  152         1.(a) Providing a notice to the system owner at least 60
  153  days before the system is due for an evaluation. The notice may
  154  include information on the proper maintenance of onsite sewage
  155  treatment and disposal systems.
  156         2.(b) In consultation with the department, providing
  157  uniform disciplinary procedures and penalties for qualified
  158  contractors who do not comply with the requirements of the
  159  adopted ordinance, including, but not limited to, failure to
  160  provide the evaluation report as required in this subsection to
  161  the system owner and the county health department. Only the
  162  county health department may assess penalties against system
  163  owners for failure to comply with the adopted ordinance,
  164  consistent with existing requirements of law.
  165         (b)Nothing in this subsection may be construed as
  166  authorizing the department to charge an inspection fee for an
  167  onsite sewage treatment and disposal system inspection performed
  168  by a private provider in accordance with s. 381.0065(8).
  169         Section 3.  This act shall take effect July 1, 2022.