FL
Florida House Bill H0309

Florida 2022 Regular Session

Florida House Bill H0309 Compare Versions

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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to private provider inspections of 2
1616 onsite sewage treatment and disposal systems; amending 3
1717 s. 381.0065, F.S.; authorizing private provider 4
1818 inspections of onsite sewage treatment and disposal 5
1919 systems under certain conditions; specifying 6
2020 requirements for private providers and onsite sewage 7
2121 treatment and disposal system owners and authorized 8
22-contractors; authorizing the Department of 9
23-Environmental Protection to audit the performance of a 10
24-specified percentage of such inspections; providing 11
25-audit conditions and construction; requiring the 12
26-department to adopt rules and to initiate rulemaking 13
27-by a specified date; requiring the department to 14
28-submit a report on private provider inspections of 15
29-onsite sewage treatment and disposal systems to the 16
30-Legislature by a specified date; providing a report 17
31-requirement; providing an effective date. 18
32- 19
33-Be It Enacted by the Legislature of the State of Florida: 20
34- 21
35- Section 1. Subsection (8) is added to section 381.0065, 22
36-Florida Statutes, to read: 23
37- 381.0065 Onsite sewage treatment and disposal systems; 24
38-regulation.— 25
22+contractors; authorizing the department to audit the 9
23+performance of a specified percentage of such 10
24+inspections; providing audit conditions and 11
25+construction; requiring the department to adopt rules 12
26+and to initiate rulemaking by a specified date; 13
27+amending s. 381.00651, F.S.; revising the list of 14
28+providers authorized to perform evaluations and 15
29+assessments of onsite sewage treatment and disposal 16
30+systems; providing an effective date. 17
31+ 18
32+Be It Enacted by the Legislature of the State of Florida: 19
33+ 20
34+ Section 1. Subsection (8) is added to section 381.0065, 21
35+Florida Statutes, to read: 22
36+ 381.0065 Onsite sewage treatment and disposal systems; 23
37+regulation.— 24
38+ (8) PRIVATE PROVIDER INSPECTIONS. - 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51- (8) PRIVATE PROVIDER INSPECTIONS. - 26
52- (a) Notwithstanding any other law, ordinance, or policy, 27
53-the owner of an onsite sewage treatment and disposal system or a 28
54-contractor upon the owner's written authorization may hire a 29
55-private provider to perform an inspection that follows 30
56-applicable regulatory requirements of the onsite sewage 31
57-treatment and disposal sys tem. 32
58- (b) An inspection of an onsite sewage treatment and 33
59-disposal system required under this section may not be conducted 34
60-by the private provider or authorized representative of the 35
61-private provider that installed the onsite sewage treatment and 36
62-disposal system. 37
63- (c) A private provider or an authorized representative of 38
64-a private provider may perform onsite sewage treatment and 39
65-disposal system inspections if they are: 40
66- 1. An environmental health professional certified under s. 41
67-381.0101; 42
68- 2. A master septic tank contractor registered under part 43
69-III of chapter 489; 44
70- 3. A professional engineer licensed under chapter 471 and 45
71-have passed all parts of the Onsite Sewage Treatment and 46
72-Disposal System Accelerated Certification Training; or 47
73- 4. Working under th e supervision of a licensed 48
74-professional engineer and have passed all parts of the Onsite 49
51+ (a) Notwithstanding any other law, ordinance, or policy, 26
52+the owner of an onsite sewage treatment and disposal system or a 27
53+contractor upon the owner's written authorization may hire a 28
54+private provider to perform an inspection that follows 29
55+applicable regulatory requirements of the onsite sewage 30
56+treatment and disposal system. 31
57+ (b) An inspection of an onsite sewage treatment and 32
58+disposal system required under this section may not be conducted 33
59+by the private provider or authorized representative of the 34
60+private provider that installed the onsite sewage treatment and 35
61+disposal system. 36
62+ (c) A private provider or an authorized representative of 37
63+a private provider may perform onsite sewage treatment and 38
64+disposal system inspections if they are: 39
65+ 1. An environmental health professional certified under s. 40
66+381.0101; 41
67+ 2. A master septic tank contractor registered under part 42
68+III of chapter 489; 43
69+ 3. A professional engineer licensed under chapter 471 and 44
70+have passed all parts of the Onsite Sewage Treatment and 45
71+Disposal System Accelerated Certification Training; or 46
72+ 4. Working under the supervision of a licensed 47
73+professional engineer and have passed all parts of the Onsite 48
74+Sewage Treatment and Disposal System Accelerated Certification 49
75+Training. 50
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8384 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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87-Sewage Treatment and Disposal System Accelerated Certification 50
88-Training. 51
89- (d) An owner or authorized contractor using a private 52
90-provider for an onsite sewage treatme nt and disposal system 53
91-inspection must provide notice to the department at the time of 54
92-permit application or by 2 p.m. local time, 2 business days 55
93-before the first scheduled inspection by the department. The 56
94-notice must include all of the following informa tion: 57
95- 1. For each private provider or authorized representative 58
96-performing the inspection: 59
97- a. Name and firm name, address, telephone number, and e -60
98-mail address. 61
99- b. Professional license or certification number. 62
100- c. Qualification statement or resume. 63
101- 2. An acknowledgement from the owner in substantially the 64
102-following form: 65
103- 66
104-I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM 67
105-AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT 68
106-IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND 69
107-THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE 70
108-TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE 71
109-WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY 72
110-LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE L ICENSED 73
111-OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY 74
88+ (d) An owner or authorized contractor using a private 51
89+provider for an onsite sewage treatment and disposal system 52
90+inspection must provide notice to the depa rtment at the time of 53
91+permit application or by 2 p.m. local time, 2 business days 54
92+before the first scheduled inspection by the department. The 55
93+notice must include all of the following information: 56
94+ 1. For each private provider or authorized representative 57
95+performing the inspection: 58
96+ a. Name and firm name, address, telephone number, and e -59
97+mail address. 60
98+ b. Professional license or certification number. 61
99+ c. Qualification statement or resume. 62
100+ 2. An acknowledgement from the owner in substantially the 63
101+following form: 64
102+ 65
103+I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM 66
104+AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT 67
105+IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION. I UNDERSTAND 68
106+THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSIT E SEWAGE 69
107+TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE 70
108+WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY 71
109+LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED 72
110+OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATI ON. BY 73
111+EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY 74
112+REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE 75
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120121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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124-EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY 75
125-REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE 76
126-PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY 77
127-PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 78
128-DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED 79
129-OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO 80
130-PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM 81
131-INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT 82
132-APPLICATION. ADDITIONALLY, I UNDERSTAND THAT IN THE EVENT THE 83
133-ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM DOES NOT COMPLY WITH 84
134-APPLICABLE RULES AND LAW, I WILL BE RESPONSIBLE FOR REMEDIATING 85
135-THE SYSTEM IN ACCORDANCE WITH EXISTING LAW. 86
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137-If an owner or authorized contractor makes any changes to the 88
138-listed private provider or the service to be performed by the 89
139-private provider, the owner or the authorized contractor must 90
140-update the notice to reflect the change within 1 b usiness day 91
141-after the change. The change of an authorized representative 92
142-identified in the permit application does not require a revision 93
143-of the permit and the department may not charge a fee for making 94
144-such change. 95
145- (e) The department may audit up to 25 percent of private 96
146-providers each year to ensure the accurate performance of onsite 97
147-sewage treatment and disposal system inspections. Work on an 98
148-onsite sewage treatment and disposal system may proceed after 99
125+PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY 76
126+PROTECTED. I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 77
127+DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED 78
128+OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO 79
129+PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM 80
130+INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT 81
131+APPLICATION. ADDITIONALLY , I UNDERSTAND THAT IN THE EVENT THE 82
132+ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM DOES NOT COMPLY WITH 83
133+APPLICABLE RULES AND LAW, I WILL BE RESPONSIBLE FOR REMEDIATING 84
134+THE SYSTEM IN ACCORDANCE WITH EXISTING LAW. 85
135+ 86
136+If an owner or authorized contractor makes an y changes to the 87
137+listed private provider or the service to be performed by the 88
138+private provider, the owner or the authorized contractor must 89
139+update the notice to reflect the change within 1 business day 90
140+after the change. The change of an authorized represe ntative 91
141+identified in the permit application does not require a revision 92
142+of the permit and the department may not charge a fee for making 93
143+such change. 94
144+ (e) The department may audit up to 25 percent of private 95
145+providers each year to ensure the accurate per formance of onsite 96
146+sewage treatment and disposal system inspections. Work on an 97
147+onsite sewage treatment and disposal system may proceed after 98
148+inspection and approval by a private provider if the owner or 99
149+authorized contractor has given notice of the inspec tion 100
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157158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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161-inspection and approval by a private provider if the owner or 100
162-authorized contractor has given notice of the inspection 101
163-pursuant to paragraph (d) and, subsequent to such inspection and 102
164-approval, such work may not be delayed for completion of an 103
165-inspection audit by the department unless deficiencies are fo und 104
166-in the audit. 105
167- (f) This subsection does not prevent the department from 106
168-investigating complaints. 107
169- (g) The department shall adopt rules to implement this 108
170-subsection and must initiate such rulemaking by August 31, 2022. 109
171- Section 2. The Department of Environmental Protection 110
172-shall submit a report no later than October 1, 2023, to the 111
173-President of the Senate and the Speaker of the House of 112
174-Representatives on the use of private providers for onsite 113
175-sewage treatment and disposal system inspections. The report 114
176-must include the number of onsite sewage treatment and disposal 115
177-system inspections performed by private providers. 116
178- Section 3. This act shall take effect July 1, 2022. 117
162+pursuant to paragraph (d) and, subsequent to such inspection and 101
163+approval, such work may not be delayed for completion of an 102
164+inspection audit by the department unless deficiencies are found 103
165+in the audit. 104
166+ (f) This subsection does not prevent the depa rtment from 105
167+investigating complaints. 106
168+ (g) The department shall adopt rules to implement this 107
169+subsection and must initiate such rulemaking by August 31, 2022. 108
170+ Section 2. Paragraph (b) of subsection (6) of section 109
171+381.00651, Florida Statutes, is amende d to read: 110
172+ 381.00651 Periodic evaluation and assessment of onsite 111
173+sewage treatment and disposal systems. — 112
174+ (6) The requirements for an onsite sewage treatment and 113
175+disposal system evaluation and assessment program are as 114
176+follows: 115
177+ (b) Qualified contract ors.—Each evaluation required under 116
178+this subsection must be performed by a qualified contractor, who 117
179+may be a private provider or an authorized representative of a 118
180+private provider as described in s. 381.0065(8)(c) septic tank 119
181+contractor or master septic t ank contractor registered under 120
182+part III of chapter 489, a professional engineer having 121
183+wastewater treatment system experience and licensed under 122
184+chapter 471, or an environmental health professional certified 123
185+under this chapter in the area of onsite sewage treatment and 124
186+disposal system evaluation . Evaluations and pump -outs may also 125
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199+be performed by an authorized employee working under the 126
200+supervision of an individual listed in this paragraph; however, 127
201+all evaluation forms must be signed by a qualified contra ctor in 128
202+writing or by electronic signature. 129
203+ Section 3. This act shall take effect July 1, 2022. 130