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House Bill 1471

Florida House of Representatives - 1997 HB 1471 By Representative Wasserman Schultz 1 A bill to be entitled 2 An act relating to pest control; amending s. 3 482.051, F.S.; establishing rulemaking 4 standards for treating new construction 5 building sites; amending s. 482.071, F.S.; 6 authorizing a duplicate licensure document fee; 7 amending s. 482.111, F.S.; authorizing a 8 certified pest control operator to be a 9 certified applicator under ch. 487, F.S.; 10 amending s. 482.211, F.S.; exempting the pest 11 control treatment of seeds or raw agricultural 12 products; creating s. 553.785, F.S.; creating 13 the Florida Termite Advisory Council; amending 14 s. 482.155, F.S.; specifying persons for whom 15 limited certification categories are to be 16 established; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsections (2) and (5) of section 482.051, 21 Florida Statutes, are amended, and subsection (6) is added to 22 that section, to read: 23 482.051 Rules.--The department shall adopt rules to 24 carry out the intent and purpose of this chapter. Prior to 25 proposing the adoption of a rule, the department shall counsel 26 with members of the pest control industry concerning the 27 proposed rule. The department shall adopt rules for the 28 protection of the health, safety, and welfare of pest control 29 employees and the general public, in conformity with this 30 chapter and chapter 120, which require: 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 (2) That vehicles and trailers used in pest control be 2 permanently marked with the licensee's name that is registered 3 with the department. 4 (5)(a) That any pesticide used for preconstruction 5 soil treatments for the prevention of subterranean termites be 6 applied in the amount, concentration, and treatment area in 7 accordance with the label registered by the U.S. Environmental 8 Protection Agency, so that a continuous chemical barrier is 9 created between the structure and all of the vertical and 10 horizontal areas beneath the structure; that a copy of the 11 label of the registered pesticide being applied be carried in 12 a vehicle at the site where the pesticide is being applied; 13 and that the licensee must post a pretreatment tag on the 14 building permit board for each application before leaving the 15 site which sets forth: the name, address, and telephone 16 number of the licensee; the location of the treatment site; 17 the date of the application; the time the application was 18 begun and the time the application was completed; the trade 19 name of the chemical; the concentration of chemical used, 20 written as a percentage of active ingredient; the number of 21 gallons of finished spray applied; the square footage treated; 22 the type of construction; the license tag number of the 23 vehicle used for application; whether the treatment is 24 complete or incomplete and, if not complete, the areas 25 remaining to be treated; the signature of the applicator and 26 his pest control identification card number. A copy of this 27 tag must be retained by the licensee for a period of 3 years. 28 (b) The business licensee must establish a vertical 29 barrier at the exterior foundation walls in stem-wall 30 construction or exterior foundation edge of monolithic 31 construction after grading and other construction-related soil 2 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 disturbances have been completed. A record of this application 2 documenting the date, the trade name of the chemical used, and 3 the amount of chemical applied must be retained by the 4 licensee for a period of 3 years. A notice of this treatment 5 must be posted in a conspicuous location that is visible to 6 the homeowner. This notice must be at least 3 inches by 5 7 inches and must consist of a material that will last at least 8 3 years. Such notice must include the business name, address, 9 and date of treatment. 10 (6) That any pesticide used for postconstruction 11 subterranean termite treatments must be used in accordance 12 with the label directions. and that the licensee maintain for 13 3 years the record of each preconstruction soil treatment, 14 indicating the date of treatment, the location or address of 15 the property treated, the total square footage of the 16 structure treated, the type of pesticide applied, the 17 concentration of each substance in the mixture applied, and 18 the total amount of pesticide applied. 19 Section 2. Paragraph (f) of subsection (2) of section 20 482.071, Florida Statutes, is amended to read: 21 482.071 Licenses.-- 22 (2) 23 (f) The department by rule may establish a procedure 24 for expediting the processing of an application for license 25 upon payment by the applicant of a special fee in an amount 26 sufficient to cover the cost of such expedited process, but 27 not exceeding $50. The department may charge a $10 fee for 28 issuance of duplicate licensure documents. 29 Section 3. Subsection (12) is added to section 30 482.111, Florida Statutes, to read: 31 482.111 Pest control operator's certificate.-- 3 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 (12) A person certified under this chapter may perform 2 as a certified applicator in a corresponding category of 3 certification under chapter 487. 4 Section 4. Subsection (3) of section 482.211, Florida 5 Statutes, is amended to read: 6 482.211 Exemptions.--This chapter does not apply to: 7 (3) Pest control performed in greenhouses, in plant 8 nurseries, or on agricultural crops, trees, groves, or 9 orchards, or in treatment of seeds or raw agricultural 10 products. 11 Section 5. Section 553.785, Florida Statutes, is 12 created to read: 13 553.785 Florida Termite Advisory Council.-- 14 (1) There is created within the department the Florida 15 Termite Advisory Council, consisting of seven members 16 appointed by the secretary of the Department of Community 17 Affairs. The members of the council shall represent the 18 following groups and professions: 19 (a) One member must be the secretary, or his designee, 20 who is an employee of the Department of Community Affairs; 21 (b) One member must be the Commissioner of 22 Agriculture, or his designee, who must be an employee of the 23 Department of Agriculture and Consumer Services; 24 (c) One member must be a building official from a 25 building department of a county or municipality, selected from 26 a list of persons submitted by the Building Officials 27 Association of Florida; 28 (d) Two members must be contractors licensed in the 29 state, selected from a list submitted by the Florida Home 30 Builders Association; and 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 (e) Two members must be pest control operators 2 licensed in the state, selected from a list submitted by the 3 Florida Pest Control Association. 4 (2) Within 30 days after October 1, 1997, the 5 Secretary of Community Affairs shall appoint the members of 6 the advisory council, of whom two members shall serve 4-year 7 terms, two members shall serve 3-year terms, and three members 8 shall serve 2-year terms. Thereafter, each appointee shall 9 serve a 4-year term. Members shall receive no salary, but 10 shall receive travel and expense reimbursement as provided in 11 s. 112.061. 12 (3) The council shall advise and recommend to the 13 commissioner and to the secretary, as appropriate, rules 14 regulating construction and pest control practices regarding 15 termite prevention which improve protection against structural 16 damage caused by termites. The council may also make 17 recommendations to the Legislature regarding statutory changes 18 needed to improve protection against damage to buildings from 19 termites. 20 (a) The rules forwarded by the council must clearly 21 delineate the responsibilities of: 22 1. Contractors to employ building practices known to 23 minimize termite infestation and to enhance the effectiveness 24 of pest control chemicals; 25 2. Pest control operators to apply preventive 26 chemicals using proper methods and strengths of chemicals; and 27 3. Homeowners to maintain current treatment and to 28 avoid disturbing treated soils or placing landscaping or 29 materials in such manner as to provide termites access to the 30 wooden elements of the structure. 31 5 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 (b) The council shall review requests for additions 2 to, deletions from, or modifications of building code 3 provisions relating to termite prevention and shall issue 4 advisory opinions and recommendations on such requests. 5 (c) The commissioner or the secretary, as appropriate, 6 shall initiate rulemaking on such requests by the council, 7 unless the commissioner or the secretary demonstrates that the 8 proposed rule: 9 1. Does not protect the public from any significant 10 and discernible harm or damages; 11 2. Unreasonably restricts competition or the 12 availability of professional services in the state or in a 13 significant part of the state; or 14 3. Unnecessarily increases the cost of pest control 15 services or of housing without a corresponding or equivalent 16 public benefit. However, there shall not be created a 17 presumption of the existence of any of the conditions cited in 18 this subsection if the rule or proposed rule is challenged. 19 Section 6. Subsections (1) and (4) of section 482.155, 20 Florida Statutes, are amended to read: 21 482.155 Limited certification for governmental 22 pesticide applicators or private applicators.-- 23 (1)(a) The department shall establish limited 24 certification categories for the following persons who apply 25 pesticides as part of their regular job duties and 26 responsibilities: 27 1. Persons who apply pesticides only as governmental 28 employees. 29 2. Persons who apply pesticides only to their own 30 private property, and employees who apply pesticides to 31 private property owned by their employers. This includes 6 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 properties such as public buildings, schools, hospitals, 2 nursing homes, grocery stores, restaurants, apartments, and 3 common areas of condominiums and any other private properties 4 where the public may be exposed to pesticide applications. 5 (b) A person seeking limited certification under this 6 subsection must pass an examination given or approved by the 7 department. Each application for examination must be 8 accompanied by an examination fee set by the department, in an 9 amount of not more than $150 or less than $50; and a 10 recertification fee of $25 every 4 years. Until rules setting 11 these fees are adopted by the department, the examination fee 12 is $50. Application for recertification must be accompanied 13 by proof of having completed 4 classroom hours of acceptable 14 continuing education. The department shall provide the 15 appropriate reference material and make the examination 16 readily accessible and available to all applicants at least 17 quarterly or as necessary in each county. 18 (c) Certification obtained under this subsection does 19 not authorize operation of a pest control business. 20 (4) Certification is not required under this chapter 21 for This section does not apply to the application of 22 disinfectants, sanitizers, or ready-to-use pesticides sold 23 over the counter at retail in containers that are 1 gallon or 24 less in volume, or 2 pounds or less in dry weight, if the 25 application is done by a permanent employee only upon the 26 government or private property of his employer. 27 Section 7. This act shall take effect July 1, 1997. 28 29 30 31 7 CODING: Words stricken are deletions; words underlined are additions. Florida House of Representatives - 1997 HB 1471 524-140-97 1 ***************************************** 2 SENATE SUMMARY 3 Establishes new rulemaking standards for pest control treatment of new construction building sites. Authorizes 4 a fee to be charged for duplicate licenses. Authorizes a certified pest control operator to be a certified 5 applicator of pesticides under ch. 487, F.S. Exempts the treatment of seeds or raw agricultural products from ch. 6 482, F.S. Creates the Termite Advisory Council within the Department of Agriculture and Consumer Services. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 8