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Senate Bill 0368

Senate Bill sb0368

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                   SB 368

    By Senator Constantine





    22-153-04

  1                      A bill to be entitled

  2         An act relating to environmental health;

  3         creating s. 381.0069, F.S.; providing for the

  4         regulation of portable restroom contracting;

  5         providing definitions; requiring portable

  6         restroom contractors to apply for registration

  7         with the Department of Health; providing

  8         registration requirements; providing for

  9         administration; providing rulemaking authority;

10         providing registration renewal requirements;

11         providing for the certification of partnerships

12         and corporations; providing grounds for

13         suspension or revocation of registration;

14         providing for fees; providing penalties and

15         prohibitions; amending s. 381.0066, F.S.;

16         authorizing the continuation of permit fees for

17         system construction permits for onsite sewage

18         treatment and disposal systems; providing an

19         effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Section 381.0069, Florida Statutes, is

24  created to read:

25         381.0069  Portable restroom contracting.--

26         (1)  DEFINITIONS.--As used in this section, the term:

27         (a)  "Department" means the Department of Health.

28         (b)  "Portable restroom" means holding tanks,

29  transportable individual toilets, or restroom facilities that

30  are intended for use on a permanent or temporary basis,

31  

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1  including facilities placed on construction sites when workers

 2  are present.

 3         (c)  "Portable restroom contractor" means a contractor

 4  whose services are unlimited in the portable restroom trade

 5  who has at least 3 years' experience as a Florida-registered

 6  portable restroom contractor; who has knowledge of state

 7  health code law and rules; and who has the experience,

 8  knowledge, and skills to handle and transport sanitary

 9  portable restrooms, to install, safely handle, and maintain

10  portable holding tanks, and to handle, transport, and dispose

11  of domestic portable restroom and portable holding tank

12  wastewater.

13         (2)  REGISTRATION REQUIRED.--A portable restroom

14  contractor in this state must be registered with the

15  department. However, this section does not prohibit any person

16  licensed pursuant to s. 489.105(3)(m) or ss. 489.551-489.558

17  from engaging in the profession for which he or she is

18  licensed.

19         (3)  ADMINISTRATION OF SECTION; REGISTRATION

20  QUALIFICATIONS; EXAMINATION.--

21         (a)  In order to register under this section, a person

22  must apply to the department in writing upon departmental

23  forms.

24         (b)  The department shall administer, coordinate, and

25  enforce this section, provide qualifications for applicants,

26  administer the examination for applicants, and grant

27  certificates of registration to qualified persons.

28         (c)  The department shall adopt rules pursuant to ss.

29  120.536(1) and 120.54 to administer this section, including,

30  but not limited to, rules that establish ethical standards of

31  practice, registration requirements, initial and renewal

                                  2

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1  certificate registration requirements, disciplinary

 2  guidelines, and requirements for the certification of

 3  partnerships and corporations.

 4         (d)  In order to  register, an applicant must:

 5         1.  Be of good moral character. The department may

 6  consider any matter that has a substantial connection between

 7  the good moral character of the applicant and the professional

 8  responsibilities of a registered contractor, including, but

 9  not limited to, having been convicted or found guilty of, or

10  entering a plea of nolo contendere to, regardless of

11  adjudication, a crime in any jurisdiction which directly

12  relates to the practice of contracting or the ability to

13  practice contracting and previous disciplinary action

14  involving portable restroom contracting for which all judicial

15  reviews have been completed.

16         2.  Pass an examination approved by the department

17  which demonstrates that the applicant has a fundamental

18  knowledge of the state laws relating to the installation,

19  maintenance, and wastewater disposal of portable restrooms,

20  portable sinks, and portable holding tanks.

21         3.  Be at least 18 years of age.

22         4.  Have a total of at least 3 years of active

23  experience serving an apprenticeship as a skilled worker under

24  the supervision and control of a registered portable restroom

25  contractor. Related work experience or educational experience

26  may be substituted for no more than 2 years of active

27  contracting experience. Each 30 hours of coursework approved

28  by the department shall be substituted for 6 months of work

29  experience. Out-of-state work experience shall be accepted on

30  a year-for-year basis for any applicant who holds a current

31  license issued by another state which required satisfactory

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1  completion of an examination and continuing education courses

 2  that are equivalent to the requirements in this state.

 3  Applicants from a state that has no state certification who

 4  have successfully completed a written Portable Sanitation

 5  Association International examination must take only the

 6  written portion of the examination which includes state health

 7  code law and rules. An equivalent examination must include

 8  state health code law and rules applicable to portable

 9  restrooms and the knowledge required to handle and transport

10  sanitary portable restrooms; to install, handle, and maintain

11  portable holding tanks; and to handle, transport, and dispose

12  of domestic portable restroom and portable holding tank

13  wastewater. A person employed and supervised by a licensed

14  contractor shall be granted up to 2 years of related work

15  experience.

16         5.  Have not had a registration revoked within 5 years

17  immediately preceding the application date.

18         (e)  The department shall give each applicant a copy of

19  this section and any applicable rules. The department may also

20  prepare and disseminate other necessary material and

21  questionnaires that it deems necessary.

22         (f)  Any person who was employed 1 or more years in

23  this state by a portable restroom service holding a permit

24  issued by the department on or before October 1, 2004, may

25  register before October 1, 2005, and may continue to perform

26  portable restroom contracting services until that date. Such

27  persons are exempt until October 1, 2005, from the active work

28  experience requirement of subparagraph (d)4.

29         (4)  REGISTRATION RENEWAL.--

30         (a)  The department shall prescribe by rule procedures

31  for approving continuing education courses, renewing annual

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1  registrations and filing renewal applications, authorizing

 2  contractors to hold a inactive registration for a specified

 3  period, and reactivating inactive registrations. At a minimum,

 4  the requirements for the annual renewal of registration shall

 5  require at least 6 classroom hours of continuing education

 6  each year for portable restroom contractors.

 7         (b)  A certificate of registration becomes inactive

 8  when a renewal application is not filed in a timely manner. An

 9  inactive certificate may be reactivated by submitting an

10  application to the department. A registered contractor may

11  apply to the department for voluntary inactive status during

12  the period of registration.

13         (5)  CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.--

14         (a)  The practice of or the offer to practice portable

15  restroom contracting services by registrants through a parent

16  corporation, corporation, subsidiary of a corporation, or

17  partnership offering portable restroom contracting services to

18  the public as agents, employers, officers, or partners is

19  permitted if any of the principal officers of the corporation

20  or any partners of the partnership and all personnel of the

21  corporation or partnership who act as portable restroom

22  contractors in this state are registered and if the

23  corporation or partnership has been issued a certificate of

24  authorization by the department. A registered contractor may

25  not be the sole qualifying contractor for more than one

26  business that requests a certificate of authorization. A

27  business organization that loses its qualifying contractor has

28  60 days following the date the qualifier terminates his or her

29  affiliation within which to obtain another qualifying

30  contractor. During this period, the business organization may

31  complete existing or continuing contracts, but may not

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1  undertake any new contracts. This period may be extended once

 2  by the department for an additional 60 days upon a showing of

 3  good cause. This section does not require that a certificate

 4  of registration be held by a corporation. A corporation or

 5  partnership is not relieved of responsibility for the conduct

 6  or acts of its agents, employees, or officers because it

 7  complies with this section, and an individual practicing

 8  portable restroom contracting is not relieved of

 9  responsibility for professional services performed because of

10  his or her employment or relationship with a corporation or

11  partnership.

12         (b)  A certificate of authorization is required for a

13  corporation, partnership, association, or person practicing

14  under a fictitious name when offering portable restroom

15  contracting services to the public, except that an individual

16  practicing portable restroom contracting in his or her own

17  given name is not required to register.

18         (c)  A certificate of authorization must be renewed

19  every 2 years. Each partnership and corporation certified

20  under this section must notify the department within 1 month

21  after any change in the information in the entity's

22  certification application.

23         (d)  Disciplinary action against a corporation or

24  partnership shall be administered in the same manner and on

25  the same grounds as disciplinary action against a registered

26  portable restroom contractor.

27         (e)  When a certificate of authorization has been

28  revoked, a person authorized to provide portable restroom

29  contracting services may not use the name or fictitious name

30  of the entity whose certificate was revoked, or any other

31  

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1  identifiers for the entity, including telephone numbers,

 2  advertisements, or logos.

 3         (6)  SUSPENSION OR REVOCATION OF REGISTRATION.--A

 4  certificate of registration may be suspended or revoked upon a

 5  showing that the registrant has:

 6         (a)  Violated this section.

 7         (b)  Violated a departmental order or rule.

 8         (c)  Obtained a registration or other order, ruling, or

 9  authorization by means of fraud, misrepresentation, or

10  concealment of material facts.

11         (d)  Been found guilty of gross misconduct in the

12  pursuit of his or her profession.

13         (7)  FEES; ESTABLISHMENT.--

14         (a)  The department shall, by rule, establish fees as

15  follows:

16         1.  For registration as a portable restroom contractor:

17         a.  Application and examination fee:  not less than $25

18  nor more than $75.

19         b.  Initial registration fee:  not less than $50 nor

20  more than $100.

21         c.  Renewal of registration fee:  not less than $50 nor

22  more than $100.

23         2.  For certification of a partnership or corporation:

24  not less than $100 nor more than $250.

25         (b)  Fees must be based on the actual costs incurred by

26  the department in implementing this section.

27         (8)  PENALTIES AND PROHIBITIONS.--

28         (a)  A person who violates this section commits a

29  misdemeanor of the first degree, punishable as provided in s.

30  775.082 or s. 775.083.

31  

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    Florida Senate - 2004                                   SB 368
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 1         (b)  The department may deny a registration,

 2  authorization, or registration renewal if it determines that

 3  an applicant does not meet all requirements of this section,

 4  has violated this section, or has been assessed an

 5  administrative penalty that remains outstanding if the penalty

 6  is final agency action and all judicial review have been

 7  exhausted. An applicant aggrieved by such denial is entitled

 8  to a hearing, after reasonable notice thereof, upon filing a

 9  written request for such hearing in accordance with chapter

10  120.

11         Section 2.  Paragraph (k) of subsection (2) of section

12  381.0066, Florida Statutes, is amended to read:

13         381.0066  Onsite sewage treatment and disposal systems;

14  fees.--

15         (2)  The minimum fees in the following fee schedule

16  apply until changed by rule by the department within the

17  following limits:

18         (k)  Research: An additional $5 fee shall be added to

19  each new system construction permit issued during fiscal years

20  1996-2004 to be used for onsite sewage treatment and disposal

21  system research, demonstration, and training projects. Five

22  dollars from any repair permit fee collected under this

23  section shall be used for funding the hands-on training

24  centers described in s. 381.0065(3)(j).

25  

26  The funds collected pursuant to this subsection must be

27  deposited in a trust fund administered by the department, to

28  be used for the purposes stated in this section and ss.

29  381.0065 and 381.00655.

30         Section 3.  This act shall take effect October 1, 2004.

31  

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    Florida Senate - 2004                                   SB 368
    22-153-04




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires the registration of portable restroom
      contractors. Provides for the Department of Health to
 4    regulate portable restroom contractors. Provides
      requirements for registration and registration renewal,
 5    including an examination and work experience. Authorizes
      the Department of Health to adopt rules. Provides
 6    requirements for continuing education. Requires a
      partnership or corporation that engages in portable
 7    restroom contracting services to obtain a certificate of
      authorization from the department. Provides fees and
 8    penalties. Provides for certain permit fees for system
      construction permits for onsite sewage treatment and
 9    disposal systems to be continued rather than abolished
      after the 2004 fiscal year. (See bill for details.)
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