HB 309 2022
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
A bill to be entitled 1
An act relating to private provider inspections of 2
onsite sewage treatment and disposal systems; amending 3
s. 381.0065, F.S.; authorizing private provider 4
inspections of onsite sewage treatment and disposal 5
systems under certain conditions; prohibiting the 6
Department of Environmental Protection from charging 7
certain inspection and permit fees; specifying 8
requirements for private providers and onsite sewage 9
treatment and disposal system owners and authorized 10
contractors; authorizing the department to audit the 11
performance of such inspections; providing audit 12
conditions and construction; providing an effective 13
date. 14
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Be It Enacted by the Legislature of the State of Florida: 16
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Section 1. Subsection (8) is added to section 381.0065, 18
Florida Statutes, to read: 19
381.0065 Onsite sewage treatment and disposal systems; 20
regulation.— 21
(8) PRIVATE PROVIDER INSPECTIONS. — 22
(a) Notwithstanding any other law, ordina nce, or policy, 23
the owner of an onsite sewage treatment and disposal system or a 24
contractor upon the owner's written authorization may hire a 25
HB 309 2022
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
private provider to perform an inspection of the onsite sewage 26
treatment and disposal system and pay the private p rovider 27
directly if the inspection is the subject of a written contract 28
between the private provider or the private provider's firm and 29
the owner or the authorized contractor. 30
(b) The department may not charge an inspection fee for an 31
onsite sewage treatment and disposal system inspection performed 32
by a private provider under written contract with an owner or 33
authorized contractor in accordance with this section and 34
department rules. 35
(c) Onsite sewage treatment and disposal system 36
inspections may only b e performed by a private provider or an 37
authorized representative of a private provider who is: 38
1. An environmental health professional certified under s. 39
381.0101; 40
2. A master septic contractor registered under part III of 41
chapter 489; 42
3. A professional engineer licensed under chapter 471 and 43
has passed all parts of the Onsite Sewage Treatment Disposal 44
System Accelerated Certification Training; or 45
4. Working under the supervision of a licensed 46
professional engineer and has passed all parts of the O nsite 47
Sewage Treatment Disposal System Accelerated Certification 48
Training. 49
(d) An owner or authorized contractor using a private 50
HB 309 2022
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
provider for an onsite sewage treatment and disposal system 51
inspection must provide notice to the department at the time of 52
permit application or by 2 p.m. local time, 2 business days 53
before the first scheduled inspection by the department. The 54
notice must include all of the following information: 55
1. For each private provider or authorized representative 56
performing the inspect ion: 57
a. Name and firm name, address, telephone number, and e -58
mail address. 59
b. Professional license or certification number. 60
c. Qualification statement or resume. 61
2. An acknowledgment from the owner in substantially the 62
following form: 63
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I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM 65
AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT 66
IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND 67
THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE 68
TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE 69
WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY 70
LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED 71
OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY 72
EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY 73
REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE 74
PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY 75
HB 309 2022
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F L O R I D A H O U S E O F R E P RE S E N T A T I V E S
PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 76
DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED 77
OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO 78
PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM 79
INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT 80
APPLICATION. 81
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If an owner or authoriz ed contractor makes any changes to the 83
listed private provider or the service to be performed by the 84
private provider, the owner or the authorized contractor must 85
update the notice to reflect the change within 1 business day 86
after the change. The change of an authorized representative 87
identified in the permit application does not require a revision 88
of the permit and the department may not charge a fee for making 89
such change. 90
(e) The department may audit the performance of an onsite 91
sewage treatment and di sposal system inspection by a private 92
provider. However, the same private provider may not be audited 93
more than four times in a month unless the department determines 94
that an onsite sewage treatment and disposal system inspected by 95
the private provider sho uld not have passed inspection. Work on 96
a building, a structure, or an onsite sewage treatment and 97
disposal system may proceed after inspection and approval by a 98
private provider if the owner or authorized contractor has given 99
notice of the inspection purs uant to paragraph (d) and, 100
HB 309 2022
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subsequent to such inspection and approval, such work may not be 101
delayed for completion of an inspection audit by the department. 102
Section 2. This act shall take effect upon becoming a law. 103