(1) Authorization of a business organization, as defined in Section 489.105(13), F.S., is only effective as to that business organization. Subsidiaries or parents of authorized business organizations must be separately authorized by the same process.
- (a) Application for a certificate of authorization must be made to the Department on Form DEP 4077, effective date June 2026, Application for Certificate of Authorization, herein adopted and incorporated by reference at HYPERLINK "http://flrules.org/Gateway/reference.asp?No=Ref-19505"http://flrules.org/Gateway/reference.asp?No=Ref-19505, and must be accompanied by all necessary exhibits and fees. A business that applies for a certificate of authorization after the mid point of the biennial authorization cycle must pay half the fee required in Rule 62-6.030, F.A.C. The applicant has ninety days after the Department issues a request for additional information to submit the requested information to the Department. If the applicant does not respond within ninety days, the application will be denied.
- (b) Any certificate of authorization not renewed in a timely manner will become inactive after expiration until renewed. Applications for renewal are considered timely filed if the application has been post marked or has been delivered to the Department physically or electronically, as provided for on Form DEP 4077, incorporated by reference in paragraph 62-6.023(1)(a), F.A.C., prior to the close of business 30 days before the date of expiration of the certificate. If that date falls on a weekend or legal holiday, the day of expiration is the first working day after the expiration date of the certificate.
- (2) A Registered Septic Tank Contractor or Master Septic Tank Contractor may not be the qualifying contractor for more than one business organization required to have a certificate of authorization. Per Section 489.555, F.S., a Registered Septic Tank Contractor or Master Septic Tank Contractor practicing under their own name and exempt from the requirement to obtain a certificate of authorization may not also be the sole qualifying contractor for a business organization.
- (3) A business organization which loses its qualifying contractor has sixty (60) days from the date the qualifier terminated their affiliation within which to obtain another qualifying contractor. This period will be extended by the Department for a period of 30 days pending the outcome of the examination for a new qualifying contractor if the applicant has provided a completed application and all required exhibits and fees. During this period, the business organization may complete any existing contracts or continuing contracts, but may not undertake new contracts.
- (4) A business organization must provide written notification to the Department within 30 days of any change in the ownership of the business organization or change in the registration status of the qualifying contractor.
(5) Authorized business organizations may conduct business under fictitious names which are registered with the Department of State, Division of Corporations, and with the Department’s Onsite Sewage Program. Additionally, a business organization must apply for a new certificate of authorization within 30 days of a name change for any of the following reasons:
- (a) when the business organization changes its legal name,
- (b) if the business organization begins conducting business under a new fictitious name,
- (c) if the business organization stops using or loses the right to use its fictitious name as registered with the Department of State, Division of Corporations, or as registered with the Department’s Onsite Sewage Program.
- (6) A business organization registered under a fictitious name must display that fictitious name as the name of the company in compliance with this Chapter or as stated in subsections 62-6.010(3), 62-6.0101(3), paragraph 62-6.0101(7)(i), or paragraph 62-6.023(1)(a), F.A.C., or must clearly identify and display the legal name and fictitious name in combination, separated by “dba.”
- (7) A business organization which conducts business under multiple fictitious names must obtain a separate certificate of authorization for each fictitious name, with a separate qualifying contractor for each.
- (8) All materials incorporated herein may be obtained from the Onsite Sewage Program at www.floridadep.gov or Department of Environmental Protection, Onsite Sewage Program at www.floridadep.gov or 2600 Blair Stone Road, MS #3596, Tallahassee, Florida 32399-2400.
Rulemaking Authority 381.0065, 489.553, 489.554, 489.557 FS. Law Implemented 381.0065, Part III 489 FS. History–New 10-25-88, Amended 3-17-92, 1-3-95, 5-14-96, 2-13-97, Formerly 10D-6.076, Amended 4-21-02, 5-24-04, 6-25-09, 4-28-10, Formerly 64E-6.023, Amended 6-8-26.