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Senate Bill 0368

Senate Bill sb0368c2

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    Florida Senate - 2004                     CS for CS for SB 368

    By the Committees on Finance and Taxation; Health, Aging, and
    Long-Term Care; and Senator Constantine


  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 a portable

  6         restroom contractor to apply for registration

  7         with the Department of Health; providing

  8         requirements for registration, including an

  9         examination; providing for administration;

10         providing rulemaking authority; providing for

11         renewal of registration, including continuing

12         education; providing for certification of

13         partnerships and corporations; providing

14         grounds for suspension or revocation of

15         registration; providing fees; providing

16         penalties and prohibitions; amending s.

17         381.0061, F.S.; authorizing imposition of an

18         administrative fine for violation of portable

19         restroom contracting requirements; amending s.

20         381.0065, F.S.; specifying the department's

21         powers and duties with respect to the

22         regulation of portable restroom facilities and

23         the companies that provide and service them;

24         authorizing the department to enter the

25         business premises of any portable restroom

26         contractor for compliance determination and

27         enforcement; authorizing issuance of a citation

28         for violation of portable restroom contracting

29         requirements which may contain an order of

30         correction or a fine; amending s. 381.0066,

31         F.S.; authorizing the continuation of permit


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    Florida Senate - 2004                     CS for CS for SB 368

 1         fees for system construction permits for onsite

 2         sewage treatment and disposal systems;

 3         providing an effective date.


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


 7         Section 1.  Section 381.0069, Florida Statutes, is

 8  created to read:

 9         381.0069  Portable restroom contracting.--

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

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

12         (b)  "Portable restroom" means any holding tank,

13  portable toilet, mobile restroom trailer, mobile shower

14  trailer, or portable restroom facility intended for use on a

15  permanent or nonpermanent basis, including any such facility

16  placed at a construction site when workers are present.

17         (c)  "Portable restroom contractor" means a portable

18  restroom contractor who has knowledge of state health code law

19  and rules and has the experience, knowledge, and skills to

20  handle, deliver, and pick up sanitary portable restrooms, to

21  install, safely handle, and maintain portable holding tanks,

22  and to handle, transport, and dispose of domestic portable

23  restroom and portable holding tank wastewater.

24         (2)  REGISTRATION REQUIRED.--A person may not hold

25  himself or herself out as a portable restroom contractor in

26  this state unless he or she is registered by the department in

27  accordance with this section. However, this section does not

28  prohibit any person licensed pursuant to s. 489.105(3)(m) or

29  part III of chapter 489 from engaging in the profession for

30  which he or she is licensed. This section does not apply to an

31  entity defined in s. 403.70605(4)(b).


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    Florida Senate - 2004                     CS for CS for SB 368



 3         (a)  Each person desiring to be registered pursuant to

 4  this section shall apply to the department in writing upon

 5  forms prepared and furnished by the department.

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

 7  enforce the provisions of this section, administer the

 8  examination for applicants, and be responsible for the

 9  granting of certificates of registration to qualified persons.

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

11  120.536(1) and 120.54 to administer this section that

12  establish ethical standards of practice, requirements for

13  registering as a contractor, requirements for obtaining an

14  initial or renewal certificate of registration, disciplinary

15  guidelines, and requirements for the certification of

16  partnerships and corporations. The department may amend or

17  repeal the rules in accordance with chapter 120.

18         (d)  To be eligible for registration by the department

19  as a portable restroom contractor, the applicant shall:

20         1.  Be of good moral character. In considering good

21  moral character, the department may consider any matter that

22  has a substantial connection between the good moral character

23  of the applicant and the professional responsibilities of a

24  registered contractor, including, but not limited to, the

25  applicant's being convicted or found guilty of, or entering a

26  plea of nolo contendere to, regardless of adjudication, a

27  crime in any jurisdiction that directly relates to the

28  practice of contracting or the ability to practice contracting

29  and previous disciplinary action involving portable restroom

30  contracting for which all judicial reviews have been

31  completed.


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    Florida Senate - 2004                     CS for CS for SB 368

 1         2.  Pass an examination approved by the department

 2  which demonstrates that the applicant has a fundamental

 3  knowledge of the state laws relating to the installation,

 4  maintenance, and wastewater disposal of portable restrooms,

 5  portable sinks, and portable holding tanks.

 6         3.  Be at least 18 years of age.

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

 8  experience serving an apprenticeship as a skilled worker under

 9  the supervision and control of a registered portable restroom

10  contractor. Related work experience or educational experience

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

12  contracting experience. Each 30 hours of coursework approved

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

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

15  a year-for-year basis for any applicant who demonstrates that

16  he or she holds a current license issued by another state for

17  portable restroom contracting which was issued upon

18  satisfactory completion of an examination and continuing

19  education courses that are equivalent to the requirements in

20  this state. Individuals from a state with no state

21  certification who have successfully completed a written

22  examination provided by the Portable Sanitation Association

23  International shall only be required to take the written

24  portion of the examination that includes state health code law

25  and rules. For purposes of this section, an equivalent

26  examination must include the topics of state health code law

27  and rules applicable to portable restrooms and the knowledge

28  required to handle, deliver, and pick up sanitary portable

29  restrooms; to install, handle, and maintain portable holding

30  tanks; and to handle, transport, and dispose of domestic

31  portable restroom and portable holding tank wastewater. A


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    Florida Senate - 2004                     CS for CS for SB 368

 1  person employed by and under the supervision of such an

 2  out-of-state licensed contractor shall be granted up to 2

 3  years of related work experience.

 4         5.  Have not had a registration revoked the effective

 5  date of which was less than 5 years before the application.

 6         (e)  The department shall provide each applicant for

 7  registration pursuant to this section with a copy of this

 8  section and any rules adopted under this section. The

 9  department may also prepare and disseminate such other

10  material and questionnaires as it deems necessary to

11  effectuate the registration provisions of this section.

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

13  this state by a portable restroom service holding a permit

14  issued by the department on or before October 1, 2004, has

15  until October 1, 2005, to be registered by the department in

16  accordance with this section and may continue to perform

17  portable restroom contracting services until that time. Such

18  persons are exempt until October 1, 2005, from the 3 years'

19  active work experience requirement of subparagraph (d)4.

20         (4)  REGISTRATION RENEWAL.--

21         (a)  The department shall prescribe by rule the method

22  for approval of continuing education courses and for renewal

23  of annual registration, for reverting to inactive status for

24  late filing of renewal applications, for allowing contractors

25  to hold their registration in inactive status for a specified

26  period, and for reactivating registrations. At a minimum,

27  annual renewal shall include continuing education requirements

28  of not less than 6 classroom hours annually for portable

29  restroom contractors.

30         (b)  Certificates of registration shall become inactive

31  when a renewal application is not filed in a timely manner. A


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    Florida Senate - 2004                     CS for CS for SB 368

 1  certificate that has become inactive may be reactivated under

 2  this section by application to the department. A registered

 3  contractor may apply to the department for voluntary inactive

 4  status at any time during the period of registration.


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

 7  restroom contracting services by registrants through a parent

 8  corporation, corporation, subsidiary of a corporation, or

 9  partnership offering portable restroom contracting services to

10  the public through registrants under this section as agents,

11  employers, officers, or partners is permitted if one or more

12  of the principal officers of the corporation or one or more

13  partners of the partnership and all personnel of the

14  corporation or partnership who act on its behalf as portable

15  restroom contractors in this state are registered as provided

16  by this section and if the corporation or partnership has been

17  issued a certificate of authorization by the department as

18  provided in this subsection. An agent of the corporation may

19  be a manager of the corporation only when no officers of the

20  corporation reside in the State of Florida. In this case, the

21  corporation must provide a notarized letter of authorization

22  for one or more managers to act as the agent and registered

23  contractor on behalf of all matters of the corporation. This

24  authorization must provide the list of names and addresses of

25  all officers and include a statement that it in no way removes

26  any responsibility from the officers of the corporation. A

27  registered contractor may not be the sole qualifying

28  contractor for more than one business that requests a

29  certificate of authorization. A business organization that

30  loses its qualifying contractor has 60 days following the date

31  the qualifier terminates his or her affiliation within which


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    Florida Senate - 2004                     CS for CS for SB 368

 1  to obtain another qualifying contractor. During this period,

 2  the business organization may complete any existing contract

 3  or continuing contract but may not undertake any new contract.

 4  This period may be extended once by the department for an

 5  additional 60 days upon a showing of good cause. This

 6  subsection may not be construed to mean that a certificate of

 7  registration to practice portable restroom contracting must be

 8  held by a corporation. A corporation or partnership is not

 9  relieved of responsibility for the conduct or acts of its

10  agents, employees, or officers by reason of its compliance

11  with this subsection, and an individual practicing portable

12  restroom contracting is not relieved of responsibility for

13  professional services performed by reason of his or her

14  employment or relationship with a corporation or partnership.

15         (b)  For the purposes of this subsection, a certificate

16  of authorization shall be required for a corporation, a

17  partnership, an association, or a person practicing under a

18  fictitious name when offering portable restroom contracting

19  services to the public, except that when an individual is

20  practicing portable restroom contracting in his or her own

21  given name, he or she is not required to register under this

22  subsection.

23         (c)  Each certification of authorization shall be

24  renewed every 2 years. Each partnership and corporation

25  certified under this subsection shall notify the department

26  within 1 month after any change in the information contained

27  in the application upon which the certification is based.

28         (d)  Disciplinary action against a corporation or

29  partnership shall be administered in the same manner and on

30  the same grounds as disciplinary action against a registered

31  portable restroom contractor.


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    Florida Senate - 2004                     CS for CS for SB 368

 1         (e)  When a certificate of authorization has been

 2  revoked, any person authorized by law to provide portable

 3  restroom contracting services may not use the name or

 4  fictitious name of the entity whose certificate was revoked or

 5  any other identifiers for the entity, including telephone

 6  numbers, advertisements, or logos.


 8  certificate of registration may be suspended or revoked upon a

 9  showing that the registrant has committed any of the

10  following:

11         (a)  Violated any provision of this part;

12         (b)  Violated any lawful order or rule rendered or

13  adopted by the department;

14         (c)  Obtained his or her registration or any other

15  order, ruling, or authorization by means of fraud,

16  misrepresentation, or concealment of material facts; or

17         (d)  Been found guilty of one or more violations of

18  this part, s. 381.0065, s. 386.041, or any rule adopted

19  pursuant to those laws.

20         (7)  FEES; ESTABLISHMENT.--

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

22  follows:

23         1.  For registration as a portable restroom contractor:

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

25  nor more than $75.

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

27  more than $100.

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

29  more than $100.

30         2.  For certification of a partnership or corporation:

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


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    Florida Senate - 2004                     CS for CS for SB 368

 1         (b)  Fees established pursuant to paragraph (a) shall

 2  be based on the actual costs incurred by the department in

 3  carrying out its registration and other related

 4  responsibilities under this section.


 6         (a)  A person who violates any provision of this

 7  section commits a misdemeanor of the first degree, punishable

 8  as provided in s. 775.082 or s. 775.083.

 9         (b)  The department may deny a registration,

10  authorization, or registration renewal if it determines that

11  an applicant does not meet all requirements of this section or

12  has violated any provision of this section or if there is any

13  outstanding administrative penalty with the department in

14  which the penalty is final agency action and all judicial

15  reviews are exhausted. Any applicant aggrieved by such denial

16  is entitled to a hearing, after reasonable notice thereof,

17  upon filing a written request for such hearing in accordance

18  with chapter 120.

19         Section 2.  Subsection (1) of section 381.0061, Florida

20  Statutes, is amended to read:

21         381.0061  Administrative fines.--

22         (1)  In addition to any administrative action

23  authorized by chapter 120 or by other law, the department may

24  impose a fine, which shall not exceed $500 for each violation,

25  for a violation of s. 381.006(16), s. 381.0065, s. 381.0066,

26  s. 381.0069, s. 381.0072, or part III of chapter 489, for a

27  violation of any rule adopted under this chapter, or for a

28  violation of any of the provisions of chapter 386. Notice of

29  intent to impose such fine shall be given by the department to

30  the alleged violator. Each day that a violation continues may

31  constitute a separate violation.


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    Florida Senate - 2004                     CS for CS for SB 368

 1         Section 3.  Paragraph (m) of subsection (3) and

 2  subsection (5) of section 381.0065, Florida Statutes, are

 3  amended to read:

 4         381.0065  Onsite sewage treatment and disposal systems;

 5  regulation.--


 7  HEALTH.--The department shall:

 8         (m)  Regulate the use of portable restrooms, mobile

 9  restrooms, mobile shower trailers, and Permit and inspect

10  portable or stationary temporary toilet services and holding

11  tanks; regulate, permit, and inspect the companies that

12  provide and service such facilities;. The department shall

13  review applications, perform site evaluations;, and issue

14  permits for the temporary use of stationary holding tanks,

15  privies, portable toilet services, or any other toilet

16  facility that is intended for use on a permanent or

17  nonpermanent basis, including facilities placed on

18  construction sites when workers are present. The department

19  may specify standards for the construction, maintenance, use,

20  and operation of any such facility for temporary use.


22         (a)  Department personnel who have reason to believe

23  noncompliance exists, may, at any reasonable time, enter the

24  premises permitted under ss. 381.0065-381.0066, or the

25  business premises of any septic tank contractor or master

26  septic tank contractor registered under part III of chapter

27  489, the business premises of any portable restroom contractor

28  registered under s. 381.0069, or any premises that the

29  department has reason to believe is being operated or

30  maintained not in compliance, to determine compliance with the

31  provisions of this section, part I of chapter 386, or part III


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    Florida Senate - 2004                     CS for CS for SB 368

 1  of chapter 489 or rules or standards adopted under ss.

 2  381.0065-381.0067, s. 381.0069, part I of chapter 386, or part

 3  III of chapter 489. As used in this paragraph, the term

 4  "premises" does not include a residence or private building.

 5  To gain entry to a residence or private building, the

 6  department must obtain permission from the owner or occupant

 7  or secure an inspection warrant from a court of competent

 8  jurisdiction.

 9         (b)1.  The department may issue citations that may

10  contain an order of correction or an order to pay a fine, or

11  both, for violations of ss. 381.0065-381.0067, s. 381.0069,

12  part I of chapter 386, or part III of chapter 489 or the rules

13  adopted by the department, when a violation of these sections

14  or rules is enforceable by an administrative or civil remedy,

15  or when a violation of these sections or rules is a

16  misdemeanor of the second degree. A citation issued under ss.

17  381.0065-381.0067, s. 381.0069, part I of chapter 386, or part

18  III of chapter 489 constitutes a notice of proposed agency

19  action.

20         2.  A citation must be in writing and must describe the

21  particular nature of the violation, including specific

22  reference to the provisions of law or rule allegedly violated.

23         3.  The fines imposed by a citation issued by the

24  department may not exceed $500 for each violation. Each day

25  the violation exists constitutes a separate violation for

26  which a citation may be issued.

27         4.  The department shall inform the recipient, by

28  written notice pursuant to ss. 120.569 and 120.57, of the

29  right to an administrative hearing to contest the citation

30  within 21 days after the date the citation is received. The

31  citation must contain a conspicuous statement that if the


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    Florida Senate - 2004                     CS for CS for SB 368

 1  recipient fails to pay the fine within the time allowed, or

 2  fails to appear to contest the citation after having requested

 3  a hearing, the recipient has waived the recipient's right to

 4  contest the citation and must pay an amount up to the maximum

 5  fine.

 6         5.  The department may reduce or waive the fine imposed

 7  by the citation. In determining whether to reduce or waive the

 8  fine, the department must consider the gravity of the

 9  violation, the person's attempts at correcting the violation,

10  and the person's history of previous violations including

11  violations for which enforcement actions were taken under ss.

12  381.0065-381.0067, s. 381.0069, part I of chapter 386, part

13  III of chapter 489, or other provisions of law or rule.

14         6.  Any person who willfully refuses to sign and accept

15  a citation issued by the department commits a misdemeanor of

16  the second degree, punishable as provided in s. 775.082 or s.

17  775.083.

18         7.  The department, pursuant to ss. 381.0065-381.0067,

19  s. 381.0069, part I of chapter 386, or part III of chapter

20  489, shall deposit any fines it collects in the county health

21  department trust fund for use in providing services specified

22  in those sections.

23         8.  This section provides an alternative means of

24  enforcing ss. 381.0065-381.0067, s. 381.0069, part I of

25  chapter 386, and part III of chapter 489. This section does

26  not prohibit the department from enforcing ss.

27  381.0065-381.0067, s. 381.0069, part I of chapter 386, or part

28  III of chapter 489, or its rules, by any other means. However,

29  the department must elect to use only a single method of

30  enforcement for each violation.



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    Florida Senate - 2004                     CS for CS for SB 368

 1         Section 4.  Paragraph (k) of subsection (2) of section

 2  381.0066, Florida Statutes, is amended to read:

 3         381.0066  Onsite sewage treatment and disposal systems;

 4  fees.--

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

 6  apply until changed by rule by the department within the

 7  following limits:

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

 9  each new system construction permit issued during fiscal years

10  1996-2004 to be used for onsite sewage treatment and disposal

11  system research, demonstration, and training projects. Five

12  dollars from any repair permit fee collected under this

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

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


16  The funds collected pursuant to this subsection must be

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

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

19  381.0065 and 381.00655.

20         Section 5.  This act shall take effect July 1, 2004.


                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 368


25  The committee substitute clarifies that in order for a
    certificate of registration to be suspended or revoked, the
26  portable restroom contractor must be in violation of just one
    of four violations, instead of all four.






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