House Bill hb1681

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    Florida House of Representatives - 2001                HB 1681

        By Representative Miller






  1                      A bill to be entitled

  2         An act relating to pest control operators;

  3         amending s. 482.021, F.S.; defining the term

  4         "new construction"; amending s. 482.051, F.S.;

  5         providing for the issuance of stop-work orders

  6         where fumigations are being performed in

  7         certain situations; creating s. 482.0815, F.S.;

  8         requiring licensees to hold a permit before

  9         performing preventive termite treatments for

10         new construction; providing procedures for the

11         issuance of permits and providing penalties for

12         specified violations; providing for the

13         adoption of rules; amending s. 482.091, F.S.;

14         requiring certain cardholders to obtain

15         specified classroom training; amending s.

16         482.132, F.S.; providing alternative

17         educational requirements for pest control

18         operator's certificate applicants; amending s.

19         482.161, F.S.; limiting the application of

20         sanctions for violations by licensees with

21         multiple business locations; repealing s.

22         482.211(11), F.S., which provides an exemption

23         from regulation for certain yard workers;

24         providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsections (18) through (27) of section

29  482.021, Florida Statutes, are redesignated as subsections

30  (19) through (28), respectively, and a new subsection (18) is

31  added to that section, to read:

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  1         482.021  Definitions.--For the purposes of this

  2  chapter, and unless otherwise required by the context, the

  3  term:

  4         (18)  "New construction" means the erection of a new

  5  building or the construction of an addition to an existing

  6  building, which encloses a space and requires a building

  7  permit under applicable building codes.

  8         Section 2.  Subsection (6) is added to section 482.051,

  9  Florida Statutes, to read:

10         482.051  Rules.--The department has authority to adopt

11  rules pursuant to ss. 120.536(1) and 120.54 to implement the

12  provisions of this chapter.  Prior to proposing the adoption

13  of a rule, the department shall counsel with members of the

14  pest control industry concerning the proposed rule.  The

15  department shall adopt rules for the protection of the health,

16  safety, and welfare of pest control employees and the general

17  public which require:

18         (6)  That the department may issue an immediate

19  stop-use or stop-work order for fumigation performed in

20  violation of fumigant label requirements or department rules,

21  or in a manner that presents an immediate serious danger to

22  the health, safety, or welfare of the public, including, but

23  not limited to, failure to use required personal protective

24  equipment, failure to use a required warning agent, failure to

25  post required warning signs, failure to secure a structure's

26  usual entrances as required, or using a fumigant in a manner

27  that will likely result in hazardous exposure to humans,

28  animals, or the environment.

29         Section 3.  Section 482.0815, Florida Statutes, is

30  created to read:

31

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  1         482.0815  Permit to perform preventive termite

  2  treatment services for new construction only.--

  3         (1)  A licensee must have a permit to perform

  4  preventive termite treatments for new construction, except for

  5  preventive termite treatments on additions to existing

  6  structures for which the licensee has a current termite

  7  treatment contract.

  8         (2)  A permit shall be automatically renewed upon

  9  renewal of the license held by the licensee, unless the

10  written authorization has been suspended, revoked, or

11  otherwise denied.

12         (3)  A permit shall be probationary for 120 days after

13  a licensee is found to be in violation of s. 482.051(5) or a

14  rule relating to the application of specific amounts,

15  concentrations, and treatment areas, except for provisions

16  governing recordkeeping. A licensee whose permit is on

17  probationary status must provide advance notice to the

18  department of any preventive treatment planned for new

19  construction.

20         (4)  A licensee's permit shall be suspended for a

21  30-day to 90-day period if:

22         (a)  The licensee whose permit is on probationary

23  status violates s. 482.051(5) or a rule relating to the

24  application of specific amounts, concentrations, or treatment

25  areas, except for provisions governing recordkeeping, at three

26  or more sites on three or more separate dates;

27         (b)  The licensee violates s. 482.051(3) or a rule with

28  respect to three contracts within 2 years and the violation is

29  failure to comply with contractual obligations to re-treat a

30  wood-destroying-organism infestation or to repair damage

31  caused by wood-destroying organisms when required by the

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  1  contract. If a licensee makes a good-faith offer to repair

  2  damage covered by a valid contract, the licensee must be

  3  considered to be in compliance with the contractual

  4  obligation;

  5         (c)  The licensee violates subsection (9); or

  6         (d)  The licensee violates the recordkeeping

  7  requirements of s. 482.051(5) three or more times within 2

  8  years.

  9         (5)  A suspended permit may be reinstated after the

10  period of the suspension if the licensee's license is in good

11  standing.

12         (6)  The permit of a licensee whose written

13  authorization has been suspended within the previous 3 years

14  shall be revoked if the licensee violates subsection (4).

15         (7)  The department may not issue a permit or renew the

16  written authorization to perform preventive termite treatments

17  if the applicant or licensee or any of its directors,

18  officers, owners, or general partners are or were directors,

19  officers, owners, or general partners of a pest control

20  business that went out of business or sold the business within

21  5 years immediately preceding the date of application or

22  renewal and failed to reimburse the prorated renewal fee of

23  any customer's remaining wood-destroying-organism contract

24  periods or failed to provide for another licensed pest control

25  operator to assume its existing wood-destroying-organism

26  contract responsibility.

27         (8)  A licensee must conspicuously display its current

28  permit at all business locations, each of which must have a

29  separate permit.

30         (9)  A licensee holding a permit must maintain accurate

31  records of all pesticides purchased, obtained, or available

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  1  for its use; the total amount of the area treated using soil

  2  applied termiticides; and the total number of sites treated

  3  using this and any other method of treatment. These records

  4  must be made available to the department immediately upon

  5  request. The amount of pesticides purchased, obtained, or

  6  otherwise available must at least equal the amount required by

  7  the pesticide label to treat the area or number of sites

  8  treated.

  9         (10)  The department shall suspend the license of any

10  licensee who performs preventive termite treatments for new

11  construction while its permit is suspended or revoked.

12         (11)  The department shall adopt rules necessary to

13  administer this section.

14         Section 4.  Subsection (10) is added to section

15  482.091, Florida Statutes, to read:

16         482.091  Employee identification cards.--

17         (10)  In addition to the training required by s.

18  482.091(3), each identification cardholder must receive 4

19  hours of classroom training in pesticide safety, integrated

20  pest management, and applicable federal and state laws and

21  rules within 6 months after issuance of the card or must have

22  received such training within 2 years before issuance of the

23  card. Each cardholder must receive at least 2 hours of

24  continuing training in pesticide safety, integrated pest

25  management, and applicable federal and state laws and rules by

26  the renewal date of the card. Certified operators who maintain

27  their certificates in good standing are exempt from this

28  subsection. The department shall adopt rules regarding

29  verification of such training.

30         Section 5.  Paragraph (b) of subsection (2) of section

31  482.132, Florida Statutes, is amended to read:

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  1         482.132  Qualifications for examination and

  2  certification.--

  3         (2)  Each applicant for examination for a pest control

  4  operator's certificate must possess the minimum qualifications

  5  specified in one of the following paragraphs:

  6         (b)  A degree with advanced training or a major in

  7  entomology, botany, agronomy, or horticulture from a

  8  recognized college or university, which training or major

  9  included the completion of at least 20 semester hours or 30

10  quarter hours of college credits in those subjects, plus 1

11  year's employment as a service employee of a licensee that

12  performs pest control in the category or categories in which

13  the applicant seeks certification or the successful completion

14  of a 1-year entomology program at a public university in this

15  state which specializes in urban pest management and includes

16  practical pest management experience. If such advanced

17  training or major is in entomology, the applicant is qualified

18  for examination in all categories; but if such advanced

19  training or major is in botany, agronomy, or horticulture, the

20  applicant is qualified for examination only in the category of

21  lawn and ornamental pest control.

22         Section 6.  Subsection (4) of section 482.161, Florida

23  Statutes, is amended to read:

24         482.161  Disciplinary grounds and actions;

25  reinstatement.--

26         (4)  Any charge of a violation of this chapter or of

27  the rules adopted pursuant to this chapter by a licensee

28  affects only the license or permit of the business location

29  from which the violation is alleged to have occurred. Another

30  license or permit may not be issued to the same licensee, or

31  to any person who has an ownership interest in the suspended

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  1  or revoked business license of the licensee and who knew or

  2  should have known of the violation that resulted in the

  3  suspension or revocation, for a new business location in the

  4  same county or any contiguous county for a period of 3 years

  5  after the effective date of the suspension or revocation.

  6         Section 7.  Subsection (11) of section 482.211, Florida

  7  Statutes, is repealed.

  8         Section 8.  This act shall take effect July 1, 2001.

  9

10            *****************************************

11                          SENATE SUMMARY

12    Revises provisions related to the regulation of pest
      control. Requires licensees to hold a permit in order to
13    perform preventive termite treatments for new
      construction and provides permitting and regulatory
14    guidelines for such operations. Provides penalties.
      Provides training and educational requirements. Limits
15    the applicability of certain sanctions to multi-location
      licensees. Repeals an exemption from regulation for
16    certain yard workers. (See bill for details.)

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