Florida Senate - 2022 SB 856 By Senator Brodeur 9-00830-22 2022856__ Page 1 of 4 CODING: Words stricken are deletions; words underlined are additions. 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; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16

Section 1. Subsection (8) is added to

section 381.0065, 17 Florida Statutes, to read: 18 381.0065 Onsite sewage treatment and disposal systems; 19 regulation.— 20

(8) PRIVATE PROVIDER INSPECTIONS.— 21 (

a) Notwithstanding any other law, ordinance, or policy, 22 the owner of an onsite sewage treatment and disposal system or a 23 contractor upon the owner’s written authorization may hire a 24 private provider to perform an inspection of the onsite sewage 25 treatment and disposal system and pay the private provider 26 directly if the inspection is the subject of a written contract 27 between the private provider or the private provider’s firm and 28 the owner or the authorized contractor. 29 Florida Senate - 2022 SB 856 9-00830-22 2022856__ Page 2 of 4 CODING: Words stricken are deletions; words underlined are additions. (

b) The department may not charge an inspection fee for an 30 onsite sewage treatment and disposal system inspection performed 31 by a private provider under written contract with an owner or 32 authorized contractor in accordance with this

section and 33 department rules. 34 (

c) Onsite sewage treatment and disposal system inspections 35 may only be performed by a private provider or an authorized 36 representative of a private provider who is: 37 1. An environmental health professional certified under s. 38 381.0101; 39 2. A master septic tank contractor registered under

part 40 III of

chapter 489; 41 3. A professional engineer licensed under

chapter 471 and 42 has passed all parts of the Onsite Sewage Treatment Disposal 43 System Accelerated Certification Training; or 44 4. Working under the supervision of a licensed professional 45 engineer and has passed all parts of the Onsite Sewage Treatment 46 Disposal System Accelerated Certification Training. 47 (

d) An owner or authorized contractor using a private 48 provider for an onsite sewage treatment and disposal system 49 inspection must provide notice to the department at the time of 50 permit application or by 2 p.m. local time, 2 business days 51 before the first scheduled inspection by the department. The 52 notice must include all of the following information: 53 1. For each private provider or authorized representative 54 performing the inspection: 55 a. Name and firm name, address, telephone number, and e-56 mail address. 57 b.

Professional license or certification number. 58 Florida Senate - 2022 SB 856 9-00830-22 2022856__ Page 3 of 4 CODING: Words stricken are deletions; words underlined are additions. c. Qualification statement or resume. 59 2. An acknowledgment from the owner in substantially the 60 following form: 61 62 I HAVE ELECTED TO USE ONE OR MORE PRIVATE PROVIDERS TO PERFORM 63 AN ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM INSPECTION THAT 64 IS THE SUBJECT OF THE ENCLOSED PERMIT APPLICATION.

I UNDERSTAND 65 THAT THE DEPARTMENT MAY NOT PERFORM THE REQUIRED ONSITE SEWAGE 66 TREATMENT AND DISPOSAL SYSTEM INSPECTION TO DETERMINE COMPLIANCE 67 WITH THE APPLICABLE CODES, EXCEPT TO THE EXTENT AUTHORIZED BY 68 LAW. INSTEAD, THE INSPECTION WILL BE PERFORMED BY THE LICENSED 69 OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION. BY 70 EXECUTING THIS FORM, I ACKNOWLEDGE THAT I HAVE MADE INQUIRY 71 REGARDING THE COMPETENCE OF THE LICENSED OR CERTIFIED PRIVATE 72 PROVIDER AND AM SATISFIED THAT MY INTERESTS ARE ADEQUATELY 73 PROTECTED.

I AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE 74 DEPARTMENT FROM ANY CLAIMS ARISING FROM MY USE OF THE LICENSED 75 OR CERTIFIED PRIVATE PROVIDER IDENTIFIED IN THE APPLICATION TO 76 PERFORM THE ONSITE SEWAGE TREATMENT AND DISPOSAL SYSTEM 77 INSPECTION THAT IS THE SUBJECT OF THE ENCLOSED PERMIT 78 APPLICATION. 79 80 If an owner or authorized contractor makes any changes to the 81 listed private provider or the service to be performed by the 82 private provider, the owner or the authorized contractor must 83 update the notice to reflect the change within 1 business day 84 after the change.

The change of an authorized representative 85 identified in the permit application does not require a revision 86 of the permit and the department may not charge a fee for making 87 Florida Senate - 2022 SB 856 9-00830-22 2022856__ Page 4 of 4 CODING: Words stricken are deletions; words underlined are additions. such change. 88 (

e) The department may audit the performance of an onsite 89 sewage treatment and disposal system inspection by a private 90 provider. However, the same private provider may not be audited 91 more than four times in a month unless the department determines 92 that an onsite sewage treatment and disposal system inspected by 93 the private provider should not have passed inspection. Work on 94 a building, a structure, or an onsite sewage treatment and 95 disposal system may proceed after inspection and approval by a 96 private provider if the owner or authorized contractor has given 97 notice of the inspection pursuant to paragraph (

d) and, 98 subsequent to such inspection and approval, such work may not be 99 delayed for completion of an inspection audit by the department. 100

Section 2. This act shall take effect upon becoming a law. 101