SENATE AMENDMENT
    Bill No. CS for SB 2750
    Amendment No. ___   Barcode 861206
                            CHAMBER ACTION
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11  Senator Constantine moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 86, line 31,
15  
16  insert:  
17         Section 62.  Section 381.0069, Florida Statutes, is
18  created to read:
19         381.0069  Portable restroom contracting.--
20         (1)  DEFINITIONS.--As used in this section, the term:
21         (a)  "Department" means the Department of Health.
22         (b)  "Portable restroom" means holding tanks,
23  transportable individual toilets, or restroom facilities that
24  are intended for use on a permanent or nonpermanent basis,
25  including such facilities placed on construction sites when
26  workers are present.
27         (c)  "Portable restroom contractor" means a portable
28  restroom contractor who has knowledge of state health code law
29  and rules; and who has the experience, knowledge, and skills
30  to handle, deliver, and pick up sanitary portable restrooms,
31  to install, safely handle, and maintain portable holding
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SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 tanks, and to handle, transport, and dispose of domestic 2 portable restroom and portable holding tank wastewater. 3 (2) REGISTRATION REQUIRED.--A person may not hold 4 himself or herself out as a portable restroom contractor in 5 this state unless he or she is registered by the department in 6 accordance with this section. However, this section does not 7 prohibit any person licensed pursuant to s. 489.105(3)(m) or 8 ss. 489.551-489.558 from engaging in the profession for which 9 he or she is licensed. This act does not apply to an entity 10 defined in s. 403.70605(4)(b). 11 (3) ADMINISTRATION OF SECTION; REGISTRATION 12 QUALIFICATIONS; EXAMINATION.-- 13 (a) Each person desiring to be registered pursuant to 14 this section shall apply to the department in writing upon 15 forms prepared and furnished by the department. 16 (b) The department shall administer, coordinate, and 17 enforce the provisions of this section, provide qualifications 18 for applicants, administer the examination for applicants, and 19 be responsible for the granting of certificates of 20 registration to qualified persons. 21 (c) The department shall adopt rules pursuant to ss. 22 120.536(1) and 120.54 to administer this section, including, 23 but not limited to, rules that establish ethical standards of 24 practice, requirements for registering as a contractor, 25 requirements for obtaining an initial or renewal certificate 26 of registration, disciplinary guidelines, and requirements for 27 the certification of partnerships and corporations. The 28 department may amend or repeal the rules in accordance with 29 chapter 120. 30 (d) To be eligible for registration by the department 31 as a portable restroom contractor, the applicant shall: 2 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 1. Be of good moral character. In considering good 2 moral character, the department may consider any matter that 3 has a substantial connection between the good moral character 4 of the applicant and the professional responsibilities of a 5 registered contractor, including, but not limited to, the 6 applicant being convicted or found guilty of, or entering a 7 plea of nolo contendere to, regardless of adjudication, a 8 crime in any jurisdiction that directly relates to the 9 practice of contracting or the ability to practice contracting 10 and previous disciplinary action involving portable restroom 11 contracting for which all judicial reviews have been 12 completed. 13 2. Pass an examination approved by the department 14 which demonstrates that the applicant has a fundamental 15 knowledge of the state laws relating to the installation, 16 maintenance, and wastewater disposal of portable restrooms, 17 portable sinks, and portable holding tanks. 18 3. Be at least 18 years of age. 19 4. Have a total of at least 3 years of active 20 experience serving an apprenticeship as a skilled worker under 21 the supervision and control of a registered portable restroom 22 contractor. Related work experience or educational experience 23 may be substituted for no more than 2 years of active 24 contracting experience. Each 30 hours of coursework approved 25 by the department shall be substituted for 6 months of work 26 experience. Out-of-state work experience shall be accepted on 27 a year-for-year basis for any applicant who demonstrates that 28 he or she holds a current license issued by another state for 29 portable restroom contracting which was issued upon 30 satisfactory completion of an examination and continuing 31 education courses that are equivalent to the requirements in 3 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 this state. Individuals from a state with no state 2 certification who have successfully completed a written 3 examination provided by the Portable Sanitation Association 4 International shall only be required to take the written 5 portion of the examination that includes state health code law 6 and rules. For purposes of this section, an equivalent 7 examination must include the topics of state health code law 8 and rules applicable to portable restrooms and the knowledge 9 required to handle, deliver, and pick up sanitary portable 10 restrooms; to install, handle, and maintain portable holding 11 tanks; and to handle, transport, and dispose of domestic 12 portable restroom and portable holding tank wastewater. A 13 person employed by and under the supervision of a licensed 14 contractor shall be granted up to 2 years of related work 15 experience. 16 5. Have not had a registration revoked the effective 17 date of which was less than 5 years before the application. 18 (e) The department shall provide each applicant for 19 registration pursuant to this section with a copy of this 20 section and any rules adopted under this section. The 21 department may also prepare and disseminate such other 22 material and questionnaires as it deems necessary to 23 effectuate the registration provisions of this section. 24 (f) Any person who was employed 1 or more years in 25 this state by a portable restroom service holding a permit 26 issued by the department on or before October 1, 2003, has 27 until October 1, 2004, to be registered by the department in 28 accordance with this section and may continue to perform 29 portable restroom contracting services until that time. Such 30 persons are exempt until October 1, 2004, from the 3 years' 31 active work experience requirement of subparagraph (d)4. 4 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 (4) REGISTRATION RENEWAL.-- 2 (a) The department shall prescribe by rule procedures 3 for approving continuing education courses, renewing annual 4 registrations and filing renewal applications, authorizing 5 contractors to hold a inactive registration for a specified 6 period, and reactivating inactive registrations. At a minimum, 7 the requirements for the annual renewal of registration shall 8 require at least 6 classroom hours of continuing education 9 each year for portable restroom contractors. 10 (b) A certificate of registration becomes inactive 11 when a renewal application is not filed in a timely manner. A 12 certificate that has become inactive may be reactivated under 13 this section by submitting an application to the department. A 14 registered contractor may apply to the department for 15 voluntary inactive status at any time during the period of 16 registration. 17 (5) CERTIFICATION OF PARTNERSHIPS AND CORPORATIONS.-- 18 (a) The practice of or the offer to practice portable 19 restroom contracting services by registrants through a parent 20 corporation, corporation, subsidiary of a corporation, or 21 partnership offering portable restroom contracting services to 22 the public as agents, employers, officers, or partners is 23 permitted if one or more of the principal officers of the 24 corporation or one or more partners of the partnership and all 25 personnel of the corporation or partnership who act on its 26 behalf as portable restroom contractors in this state are 27 registered as provided by this section and if the corporation 28 or partnership has been issued a certificate of authorization 29 by the department as provided in this section. A registered 30 contractor may not be the sole qualifying contractor for more 31 than one business that requests a certificate of 5 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 authorization. A business organization that loses its 2 qualifying contractor has 60 days following the date the 3 qualifier terminates his or her affiliation within which to 4 obtain another qualifying contractor. During this period, the 5 business organization may complete any existing contract or 6 continuing contract, but may not undertake any new contract. 7 This period may be extended once by the department for an 8 additional 60 days upon a showing of good cause. This section 9 may not be construed to mean that a certificate of 10 registration to practice portable restroom contracting must be 11 held by a corporation. A corporation or partnership is not 12 relieved of responsibility for the conduct or acts of its 13 agents, employees, or officers by reason of its compliance 14 with this section, and an individual practicing portable 15 restroom contracting is not relieved of responsibility for 16 professional services performed by reason of his or her 17 employment or relationship with a corporation or partnership. 18 (b) For the purposes of this section, a certificate of 19 authorization shall be required for a corporation, a 20 partnership, an association, or a person practicing under a 21 fictitious name when offering portable restroom contracting 22 services to the public, except that when an individual is 23 practicing portable restroom contracting in his or her own 24 given name, he or she is not required to register under this 25 section. 26 (c) Each certification of authorization shall be 27 renewed every 2 years. Each partnership and corporation 28 certified under this section shall notify the department 29 within 1 month after any change in the information contained 30 in the application upon which the certification is based. 31 (d) Disciplinary action against a corporation or 6 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 partnership shall be administered in the same manner and on 2 the same grounds as disciplinary action against a registered 3 portable restroom contractor. 4 (e) When a certificate of authorization has been 5 revoked, any person authorized by law to provide portable 6 restroom contracting services may not use the name or 7 fictitious name of the entity whose certificate was revoked, 8 or any other identifiers for the entity, including telephone 9 numbers, advertisements, or logos. 10 (6) SUSPENSION OR REVOCATION OF REGISTRATION.--A 11 certificate of registration may be suspended or revoked upon a 12 showing that the registrant has: 13 (a) Violated any provision of this section. 14 (b) Violated any lawful order or rule rendered or 15 adopted by the department. 16 (c) Obtained his or her registration or any other 17 order, ruling, or authorization by means of fraud, 18 misrepresentation, or concealment of material facts. 19 (d) Been found guilty of gross misconduct in the 20 pursuit of his or her profession. 21 (7) FEES; ESTABLISHMENT.-- 22 (a) The department shall, by rule, establish fees as 23 follows: 24 1. For registration as a portable restroom contractor: 25 a. Application and examination fee: not less than $25 26 nor more than $75. 27 b. Initial registration fee: not less than $50 nor 28 more than $100. 29 c. Renewal of registration fee: not less than $50 nor 30 more than $100. 31 2. For certification of a partnership or corporation: 7 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 not less than $100 nor more than $250. 2 (b) Fees established pursuant to paragraph (a) shall 3 be based on the actual costs incurred by the department in 4 carrying out its registration and other related 5 responsibilities under this section. 6 (8) PENALTIES AND PROHIBITIONS.-- 7 (a) Any person who violates any provision of this 8 section commits a misdemeanor of the first degree, punishable 9 as provided in s. 775.082 or s. 775.083. 10 (b) The department may deny a registration, 11 authorization, or registration renewal if it determines that 12 an applicant does not meet all requirements of this section, 13 has violated any provision of this section, or has been 14 assessed an administrative penalty by the department which 15 remains outstanding if the penalty is final agency action and 16 all judicial review have been exhausted. Any applicant 17 aggrieved by such denial is entitled to a hearing, after 18 reasonable notice thereof, upon filing a written request for 19 such hearing in accordance with chapter 120. 20 Section 63. Paragraph (k) of subsection (2) of section 21 381.0066, Florida Statutes, is amended to read: 22 381.0066 Onsite sewage treatment and disposal systems; 23 fees.-- 24 (2) The minimum fees in the following fee schedule 25 apply until changed by rule by the department within the 26 following limits: 27 (k) Research: An additional $5 fee shall be added to 28 each new system construction permit issued during fiscal years 29 1996-2003 to be used for onsite sewage treatment and disposal 30 system research, demonstration, and training projects. Five 31 dollars from any repair permit fee collected under this 8 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 section shall be used for funding the hands-on training 2 centers described in s. 381.0065(3)(j). 3 4 The funds collected pursuant to this subsection must be 5 deposited in a trust fund administered by the department, to 6 be used for the purposes stated in this section and ss. 7 381.0065 and 381.00655. 8 Section 64. Subsection (1) of section 381.0061, 9 Florida Statutes, is amended to read: 10 381.0061 Administrative fines.-- 11 (1) In addition to any administrative action 12 authorized by chapter 120 or by other law, the department may 13 impose a fine, which shall not exceed $500 for each violation, 14 for a violation of s. 381.006(16), s. 381.0065, s. 381.0066, 15 s. 381.0069, s. 381.0072, or part III of chapter 489, for a 16 violation of any rule adopted under this chapter, or for a 17 violation of any of the provisions of chapter 386. Notice of 18 intent to impose such fine shall be given by the department to 19 the alleged violator. Each day that a violation continues may 20 constitute a separate violation. 21 Section 65. Subsection (5) of section 381.0065, 22 Florida Statutes, is amended to read: 23 381.0065 Onsite sewage treatment and disposal systems; 24 regulation.-- 25 (5) ENFORCEMENT; RIGHT OF ENTRY; CITATIONS.-- 26 (a) Department personnel who have reason to believe 27 noncompliance exists, may at any reasonable time, enter the 28 premises permitted under ss. 381.0065-381.0066, or the 29 business premises of any septic tank contractor or master 30 septic tank contractor registered under part III of chapter 31 489, or the business premises of any portable restroom 9 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 contractor registered under s. 381.0069, or any premises that 2 the department has reason to believe is being operated or 3 maintained not in compliance, to determine compliance with the 4 provisions of this section, part I of chapter 386, or part III 5 of chapter 489 or rules or standards adopted under ss. 6 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part 7 III of chapter 489. As used in this paragraph, the term 8 "premises" does not include a residence or private building. 9 To gain entry to a residence or private building, the 10 department must obtain permission from the owner or occupant 11 or secure an inspection warrant from a court of competent 12 jurisdiction. 13 (b)1. The department may issue citations that may 14 contain an order of correction or an order to pay a fine, or 15 both, for violations of ss. 381.0065-381.0067, s. 381.0069, 16 part I of chapter 386, or part III of chapter 489 or the rules 17 adopted by the department, when a violation of these sections 18 or rules is enforceable by an administrative or civil remedy, 19 or when a violation of these sections or rules is a 20 misdemeanor of the second degree. A citation issued under ss. 21 381.0065-381.0067, s. 381.0069, part I of chapter 386, or part 22 III of chapter 489 constitutes a notice of proposed agency 23 action. 24 2. A citation must be in writing and must describe the 25 particular nature of the violation, including specific 26 reference to the provisions of law or rule allegedly violated. 27 3. The fines imposed by a citation issued by the 28 department may not exceed $500 for each violation. Each day 29 the violation exists constitutes a separate violation for 30 which a citation may be issued. 31 4. The department shall inform the recipient, by 10 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 written notice pursuant to ss. 120.569 and 120.57, of the 2 right to an administrative hearing to contest the citation 3 within 21 days after the date the citation is received. The 4 citation must contain a conspicuous statement that if the 5 recipient fails to pay the fine within the time allowed, or 6 fails to appear to contest the citation after having requested 7 a hearing, the recipient has waived the recipient's right to 8 contest the citation and must pay an amount up to the maximum 9 fine. 10 5. The department may reduce or waive the fine imposed 11 by the citation. In determining whether to reduce or waive the 12 fine, the department must consider the gravity of the 13 violation, the person's attempts at correcting the violation, 14 and the person's history of previous violations including 15 violations for which enforcement actions were taken under ss. 16 381.0065-381.0067, part I of chapter 386, part III of chapter 17 489, or other provisions of law or rule. 18 6. Any person who willfully refuses to sign and accept 19 a citation issued by the department commits a misdemeanor of 20 the second degree, punishable as provided in s. 775.082 or s. 21 775.083. 22 7. The department, pursuant to ss. 381.0065-381.0067, 23 part I of chapter 386, or part III of chapter 489, shall 24 deposit any fines it collects in the county health department 25 trust fund for use in providing services specified in those 26 sections. 27 8. This section provides an alternative means of 28 enforcing ss. 381.0065-381.0067, part I of chapter 386, and 29 part III of chapter 489. This section does not prohibit the 30 department from enforcing ss. 381.0065-381.0067, part I of 31 chapter 386, or part III of chapter 489, or its rules, by any 11 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 other means. However, the department must elect to use only a 2 single method of enforcement for each violation. 3 4 (Redesignate subsequent sections.) 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 On page 8, line 30, after the semicolon, 10 11 insert: 12 creating s. 381.0069, F.S.; providing for the 13 regulation of portable restroom contracting; 14 providing definitions; requiring a portable 15 restroom contractor to apply for registration 16 with the Department of Health; providing 17 requirements for registration, including an 18 examination; providing for administration; 19 providing rulemaking authority; providing for 20 renewal of registration, including requirements 21 for continuing education; providing for 22 certification of partnerships and corporations; 23 providing grounds for suspension or revocation 24 of registration; providing fees; providing 25 penalties and prohibitions; amending s. 26 381.0066, F.S.; authorizing the continuation of 27 permit fees for system construction permits for 28 onsite sewage treatment and disposal systems; 29 amending s. 381.0061, F.S.; providing for 30 administrative fines for violation of s. 31 381.0069; amending s. 381.0065, F.S.; providing 12 9:36 AM 05/02/03 s2750c1c-22e0a
SENATE AMENDMENT Bill No. CS for SB 2750 Amendment No. ___ Barcode 861206 1 for enforcement of the provisions of s. 2 381.0069, by the department; 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 13 9:36 AM 05/02/03 s2750c1c-22e0a