Florida Senate - 2022                       CS for CS for SB 856
       
       
        
       By the Committees on Appropriations; and Environment and Natural
       Resources; and Senators Brodeur and Rodrigues
       
       
       
       
       576-03377-22                                           2022856c2
    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; specifying
    7         requirements for private providers and onsite sewage
    8         treatment and disposal system owners and authorized
    9         contractors; authorizing the Department of
   10         Environmental Protection to audit the performance of a
   11         specified percentage of such inspections; providing
   12         audit conditions and construction; requiring the
   13         department to submit a report to the Legislature
   14         reviewing the use of private providers to perform
   15         onsite sewage treatment and disposal system
   16         inspections by a specified date; providing report
   17         requirements; requiring the department to adopt rules
   18         and to initiate rulemaking by a specified date;
   19         providing an effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Subsection (8) is added to section 381.0065,
   24  Florida Statutes, to read:
   25         381.0065 Onsite sewage treatment and disposal systems;
   26  regulation.—
   27         (8)PRIVATE PROVIDER INSPECTIONS.—
   28         (a)Notwithstanding any other law, ordinance, or policy,
   29  the owner of an onsite sewage treatment and disposal system or a
   30  contractor upon the owner’s written authorization may hire a
   31  private provider to perform an inspection that follows
   32  applicable regulatory requirements of the onsite sewage
   33  treatment and disposal system.
   34         (b)An inspection of an onsite sewage treatment and
   35  disposal system required under this section may not be conducted
   36  by the private provider or authorized representative of the
   37  private provider that installed the onsite sewage treatment and
   38  disposal system.
   39         (c)A private provider or an authorized representative of a
   40  private provider may perform onsite sewage treatment and
   41  disposal system inspections if they are:
   42         1.An environmental health professional certified under s.
   43  381.0101;
   44         2.A master septic tank contractor registered under part
   45  III of chapter 489;
   46         3.A professional engineer licensed under chapter 471 and
   47  have passed all parts of the Onsite Sewage Treatment and
   48  Disposal System Accelerated Certification Training; or
   49         4.Working under the supervision of a licensed professional
   50  engineer and have passed all parts of the Onsite Sewage
   51  Treatment and Disposal System Accelerated Certification
   52  Training.
   53         (d)An owner or authorized contractor using a private
   54  provider for an onsite sewage treatment and disposal system
   55  inspection must provide notice to the department at the time of
   56  permit application or by 2 p.m. local time, 2 business days
   57  before the first scheduled inspection by the department. The
   58  notice must include all of the following information:
   59         1.For each private provider or authorized representative
   60  performing the inspection:
   61         a.Name and firm name, address, telephone number, and e
   62  mail address.
   63         b.Professional license or certification number.
   64         c.Qualification statement or resume.
   65         2.An acknowledgment from the owner in substantially the
   66  following form:
   67  
   68  I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM
   69  AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT
   70  IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND
   71  THAT THE DEPARTMENT OF ENVIRONMENTAL PROTECTION MAY NOT PERFORM
   72  THE REQUIRED ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
   73  INSPECTION TO DETERMINE COMPLIANCE WITH THE APPLICABLE CODES,
   74  EXCEPT TO THE EXTENT AUTHORIZED BY LAW. INSTEAD, THE INSPECTION
   75  WILL BE PERFORMED BY THE LICENSED OR CERTIFIED PRIVATE PROVIDER
   76  IDENTIFIED IN THE APPLICATION. BY EXECUTING THIS FORM, I
   77  ACKNOWLEDGE THAT I HAVE MADE INQUIRY REGARDING THE COMPETENCE OF
   78  THE LICENSED OR CERTIFIED PRIVATE PROVIDER AND AM SATISFIED THAT
   79  MY INTERESTS ARE ADEQUATELY PROTECTED. I AGREE TO INDEMNIFY,
   80  DEFEND, AND HOLD HARMLESS THE DEPARTMENT FROM ANY CLAIMS ARISING
   81  FROM MY USE OF THE LICENSED OR CERTIFIED PRIVATE PROVIDER
   82  IDENTIFIED IN THE APPLICATION TO PERFORM THE ONSITE SEWAGE
   83  TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT IS THE SUBJECT OF
   84  THE ENCLOSED PERMIT APPLICATION. ADDITIONALLY, I UNDERSTAND THAT
   85  IN THE EVENT THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM
   86  DOES NOT COMPLY WITH APPLICABLE RULES AND LAW, I WILL BE
   87  RESPONSIBLE FOR REMEDIATING THE SYSTEM IN ACCORDANCE WITH
   88  EXISTING LAW.
   89  
   90  If an owner or authorized contractor makes any changes to the
   91  listed private provider or the service to be performed by the
   92  private provider, the owner or the authorized contractor must
   93  update the notice to reflect the change within 1 business day
   94  after the change. The change of an authorized representative
   95  identified in the permit application does not require a revision
   96  of the permit and the department may not charge a fee for making
   97  such change.
   98         (e)The department may audit up to 25 percent of private
   99  providers each year to ensure the accurate performance of onsite
  100  sewage treatment and disposal system inspections. Work on an
  101  onsite sewage treatment and disposal system may proceed after
  102  inspection and approval by a private provider if the owner or
  103  authorized contractor has given notice of the inspection
  104  pursuant to paragraph (d) and, subsequent to such inspection and
  105  approval, such work may not be delayed for completion of an
  106  inspection audit by the department unless deficiencies are found
  107  in the audit.
  108         (f)This subsection does not prevent the department from
  109  investigating complaints.
  110         (g)By October 1, 2023, the department shall submit a
  111  report to the President of the Senate and the Speaker of the
  112  House of Representatives reviewing the use of private providers
  113  to perform onsite sewage treatment and disposal system
  114  inspections as authorized by this subsection. The report must
  115  include, at a minimum, the number of such inspections performed
  116  by private providers.
  117         (h)The department shall adopt rules to implement this
  118  subsection and must initiate such rulemaking by August 31, 2022.
  119         Section 2. This act shall take effect July 1, 2022.