Florida Senate - 2022                                     SB 856
       
       
        
       By Senator Brodeur
       
       
       
       
       
       9-00830-22                                             2022856__
    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 such inspections; providing audit
   13         conditions; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (8) is added to section 381.0065,
   18  Florida Statutes, to read:
   19         381.0065 Onsite sewage treatment and disposal systems;
   20  regulation.—
   21         (8)PRIVATE PROVIDER INSPECTIONS.—
   22         (a)Notwithstanding any other law, ordinance, or policy,
   23  the owner of an onsite sewage treatment and disposal system or a
   24  contractor upon the owner’s written authorization may hire a
   25  private provider to perform an inspection of the onsite sewage
   26  treatment and disposal system and pay the private provider
   27  directly if the inspection is the subject of a written contract
   28  between the private provider or the private provider’s firm and
   29  the owner or the authorized contractor.
   30         (b)The department may not charge an inspection fee for an
   31  onsite sewage treatment and disposal system inspection performed
   32  by a private provider under written contract with an owner or
   33  authorized contractor in accordance with this section and
   34  department rules.
   35         (c)Onsite sewage treatment and disposal system inspections
   36  may only be performed by a private provider or an authorized
   37  representative of a private provider who is:
   38         1.An environmental health professional certified under s.
   39  381.0101;
   40         2.A master septic tank contractor registered under part
   41  III of chapter 489;
   42         3.A professional engineer licensed under chapter 471 and
   43  has passed all parts of the Onsite Sewage Treatment Disposal
   44  System Accelerated Certification Training; or
   45         4.Working under the supervision of a licensed professional
   46  engineer and has passed all parts of the Onsite Sewage Treatment
   47  Disposal System Accelerated Certification Training.
   48         (d)An owner or authorized contractor using a private
   49  provider for an onsite sewage treatment and disposal system
   50  inspection must provide notice to the department at the time of
   51  permit application or by 2 p.m. local time, 2 business days
   52  before the first scheduled inspection by the department. The
   53  notice must include all of the following information:
   54         1.For each private provider or authorized representative
   55  performing the inspection:
   56         a.Name and firm name, address, telephone number, and e
   57  mail address.
   58         b.Professional license or certification number.
   59         c.Qualification statement or resume.
   60         2.An acknowledgment from the owner in substantially the
   61  following form:
   62  
   63  I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM
   64  AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT
   65  IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND
   66  THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE
   67  TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE
   68  WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY
   69  LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED
   70  OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY
   71  EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY
   72  REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE
   73  PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY
   74  PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE
   75  DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED
   76  OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO
   77  PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
   78  INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT
   79  APPLICATION.
   80  
   81  If an owner or authorized contractor makes any changes to the
   82  listed private provider or the service to be performed by the
   83  private provider, the owner or the authorized contractor must
   84  update the notice to reflect the change within 1 business day
   85  after the change. The change of an authorized representative
   86  identified in the permit application does not require a revision
   87  of the permit and the department may not charge a fee for making
   88  such change.
   89         (e)The department may audit the performance of an onsite
   90  sewage treatment and disposal system inspection by a private
   91  provider. However, the same private provider may not be audited
   92  more than four times in a month unless the department determines
   93  that an onsite sewage treatment and disposal system inspected by
   94  the private provider should not have passed inspection. Work on
   95  a building, a structure, or an onsite sewage treatment and
   96  disposal system may proceed after inspection and approval by a
   97  private provider if the owner or authorized contractor has given
   98  notice of the inspection pursuant to paragraph (d) and,
   99  subsequent to such inspection and approval, such work may not be
  100  delayed for completion of an inspection audit by the department.
  101         Section 2. This act shall take effect upon becoming a law.