Senate Bill sb0476

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    Florida Senate - 2003                                   SB 476

    By Senator Constantine





    22-494A-03

  1                      A bill to be entitled

  2         An act relating to environmental health;

  3         creating part IV of chapter 489, F.S., relating

  4         to the regulation of portable restroom

  5         contracting; providing definitions; requiring a

  6         portable restroom contractor to apply for

  7         registration with the Department of Health;

  8         providing requirements for registration,

  9         including an examination; providing for

10         administration; providing rulemaking authority;

11         providing for renewal of registration,

12         including continuing education; providing for

13         certification of partnerships and corporations;

14         providing grounds for suspension or revocation

15         of registration; providing fees; providing

16         penalties and prohibitions; amending s.

17         381.0066, F.S.; authorizing the continuation of

18         permit fees for system construction permits for

19         onsite sewage treatment and disposal systems;

20         providing an effective date.

21  

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

23  

24         Section 1.  Part IV of chapter 489, Florida Statutes,

25  consisting of sections 489.661, 489.662, 489.663, 489.664,

26  489.665, 489.666, 489.667, and 489.668, is created to read:

27                             PART IV

28                  PORTABLE RESTROOM CONTRACTING

29         489.661  Definitions.--As used in this part, the term:

30         (1)  "Department" means the Department of Health.

31  

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    Florida Senate - 2003                                   SB 476
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 1         (2)  "Portable restroom contractor" means a contractor

 2  whose services are unlimited in the portable restroom trade

 3  who has had at least 3 years' experience as a

 4  Florida-registered portable restroom contractor; who has

 5  knowledge of state health code law and rules; and who has the

 6  experience, knowledge, and skills to handle, deliver, and pick

 7  up sanitary portable restrooms, to install, safely handle, and

 8  maintain portable holding tanks, and to handle, transport, and

 9  dispose of domestic portable restroom and portable holding

10  tank wastewater.

11         489.662  Registration required.--A person may not hold

12  himself or herself out as a portable restroom contractor in

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

14  accordance with this part.  However, this part does not

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

16  ss. 489.551-489.558 from engaging in the profession for which

17  he or she is licensed.

18         489.663  Administration of part; registration

19  qualifications; examination.--

20         (1)  Each person desiring to be registered pursuant to

21  this part shall apply to the department in writing upon forms

22  prepared and furnished by the department.

23         (2)  The department shall administer, coordinate, and

24  enforce the provisions of this part, provide qualifications

25  for applicants, administer the examination for applicants, and

26  be responsible for the granting of certificates of

27  registration to qualified persons.

28         (3)  The department shall adopt reasonable rules

29  pursuant to ss. 120.536(1) and 120.54 to administer this part,

30  including, but not limited to, rules that establish ethical

31  standards of practice, requirements for registering as a

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    Florida Senate - 2003                                   SB 476
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 1  contractor, requirements for obtaining an initial or renewal

 2  certificate of registration, disciplinary guidelines, and

 3  requirements for the certification of partnerships and

 4  corporations.  The department may amend or repeal the rules in

 5  accordance with chapter 120.

 6         (4)  To be eligible for registration by the department

 7  as a portable restroom contractor, the applicant shall:

 8         (a)  Be of good moral character.  In considering good

 9  moral character, the department may consider any matter that

10  has a substantial connection between the good moral character

11  of the applicant and the professional responsibilities of a

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

13  applicant being convicted or found guilty of, or entering a

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

15  crime in any jurisdiction that directly relates to the

16  practice of contracting or the ability to practice contracting

17  and previous disciplinary action involving portable restroom

18  contracting for which all judicial reviews have been

19  completed.

20         (b)  Pass an examination approved by the department

21  which demonstrates that the applicant has a fundamental

22  knowledge of the state laws relating to the installation,

23  maintenance, and wastewater disposal of portable restrooms,

24  portable sinks, and portable holding tanks.

25         (c)  Be at least 18 years of age.

26         (d)  Have a total of at least 3 years of active

27  experience serving an apprenticeship as a skilled worker under

28  the supervision and control of a registered portable restroom

29  contractor.  Related work experience or educational experience

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

31  contracting experience.  Each 30 hours of coursework approved

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    Florida Senate - 2003                                   SB 476
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 1  by the department shall be substituted for 6 months of work

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

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

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

 5  portable restroom contracting which was issued upon

 6  satisfactory completion of an examination and continuing

 7  education courses that are equivalent to the requirements in

 8  this state.  Individuals from a state with no state

 9  certification who have successfully completed a written

10  examination provided by the Portable Sanitation Association

11  International shall only be required to take the written

12  portion of the examination that includes state health code law

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

14  examination must include the topics of state health code law

15  and rules applicable to portable restrooms and the knowledge

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

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

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

19  portable restroom and portable holding tank wastewater.  A

20  person employed by and under the supervision of a licensed

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

22  experience.

23         (e)  Have not had a registration revoked the effective

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

25         (5)  The department shall provide each applicant for

26  registration pursuant to this part with a copy of this part

27  and any rules adopted under this part.  The department may

28  also prepare and disseminate such other material and

29  questionnaires as it deems necessary to effectuate the

30  registration provisions of this part.

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 1         (6)  Any person who was employed one or more years in

 2  this state by a portable restroom service holding a permit

 3  issued by the department on or before October 1, 2003, has

 4  until October 1, 2004, to be registered by the department in

 5  accordance with this part and may continue to perform portable

 6  restroom contracting services until that time. Such persons

 7  are exempt until October 1, 2004, from the 3 years' active

 8  work experience requirement of s. 489.663(4)(d).

 9         489.664  Registration renewal.--The department shall

10  prescribe by rule the method for approval of continuing

11  education courses and for renewal of annual registration.  At

12  a minimum, annual renewal shall include continuing education

13  requirements of not less than 6 classroom hours annually for

14  portable restroom contractors.

15         489.665  Certification of partnerships and

16  corporations.--

17         (1)  The practice of or the offer to practice portable

18  restroom contracting services by registrants through a parent

19  corporation, corporation, subsidiary of a corporation, or

20  partnership offering portable restroom contracting services to

21  the public through registrants under this chapter as agents,

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

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

24  partners of the partnership and all personnel of the

25  corporation or partnership who act on its behalf as portable

26  restroom contractors in this state are registered as provided

27  by this part and if the corporation or partnership has been

28  issued a certificate of authorization by the department as

29  provided in this section.  A registered contractor may not be

30  the sole qualifying contractor for more than one business that

31  requests a certificate of authorization.  A business

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    Florida Senate - 2003                                   SB 476
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 1  organization that loses its qualifying contractor has 60 days

 2  following the date the qualifier terminates his or her

 3  affiliation within which to obtain another qualifying

 4  contractor.  During this period, the business organization may

 5  complete any existing contract or continuing contract, but may

 6  not undertake any new contract.  This period may be extended

 7  once by the department for an additional 60 days upon a

 8  showing of good cause.  This section may not be construed to

 9  mean that a certificate of registration to practice portable

10  restroom contracting must be held by a corporation.  A

11  corporation or partnership is not relieved of responsibility

12  for the conduct or acts of its agents, employees, or officers

13  by reason of its compliance with this section, and an

14  individual practicing portable restroom contracting is not

15  relieved of responsibility for professional services performed

16  by reason of his or her employment or relationship with a

17  corporation or partnership.

18         (2)  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         (3)  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.

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    Florida Senate - 2003                                   SB 476
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 1         (4)  Disciplinary action against a corporation or

 2  partnership shall be administered in the same manner and on

 3  the same grounds as disciplinary action against a registered

 4  portable restroom contractor.

 5         (5)  When a certificate of authorization has been

 6  revoked, any person authorized by law to provide portable

 7  restroom contracting services may not use the name or

 8  fictitious name of the entity whose certificate was revoked,

 9  or any other identifiers for the entity, including telephone

10  numbers, advertisements, or logos.

11         489.666  Suspension or revocation of registration.--A

12  certificate of registration may be suspended or revoked upon a

13  showing that the registrant has:

14         (1)  Violated any provision of this part.

15         (2)  Violated any lawful order or rule rendered or

16  adopted by the department.

17         (3)  Obtained his or her registration or any other

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

19  misrepresentation, or concealment of material facts.

20         (4)  Been found guilty of gross misconduct in the

21  pursuit of his or her profession.

22         489.667  Fees; establishment.--

23         (1)  The department shall, by rule, establish fees as

24  follows:

25         (a)  For registration as a portable restroom

26  contractor:

27         1.  Application and examination fee:  not less than $25

28  nor more than $75.

29         2.  Initial registration fee:  not less than $50 nor

30  more than $100.

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    Florida Senate - 2003                                   SB 476
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 1         3.  Renewal of registration fee:  not less than $50 nor

 2  more than $100.

 3         (b)  For certification of a partnership or corporation:

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

 5         (2)  Fees established pursuant to subsection (1) shall

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

 7  carrying out its registration and other related

 8  responsibilities under this part.

 9         489.668  Penalties and prohibitions.--

10         (1)  Any person who violates any provision of this part

11  commits a misdemeanor of the first degree, punishable as

12  provided in s. 775.082 or s. 775.083.

13         (2)  The department may deny a registration if it

14  determines that an applicant does not meet all requirements of

15  this part or has violated any provision of this part.  Any

16  applicant aggrieved by such denial is entitled to a hearing,

17  after reasonable notice thereof, upon filing a written request

18  for such hearing in accordance with chapter 120.

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

20  381.0066, Florida Statutes, is amended to read:

21         381.0066  Onsite sewage treatment and disposal systems;

22  fees.--

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

24  apply until changed by rule by the department within the

25  following limits:

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

27  each new system construction permit issued during fiscal years

28  1996-2003 to be used for onsite sewage treatment and disposal

29  system research, demonstration, and training projects. Five

30  dollars from any repair permit fee collected under this

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    Florida Senate - 2003                                   SB 476
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 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 3.  This act shall take effect October 1, 2003.

 9  

10            *****************************************

11                          SENATE SUMMARY

12    Creates part IV of chapter 489, F.S., to require the
      registration of portable restroom contractors. Provides
13    for the Department of Health to regulate portable
      restroom contractors. Provides requirements for
14    registration and registration renewal, including an
      examination and work experience. Authorizes the
15    Department of Health to adopt rules. Provides
      requirements for continuing education. Requires a
16    partnership or corporation that engages in portable
      restroom contracting services to obtain a certificate of
17    authorization from the department. Provides fees and
      penalties. Provides for certain permit fees for system
18    construction permits for onsite sewage treatment and
      disposal systems to be continued rather than abolished
19    after the 2003 fiscal year. (See bill for details.)

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