Senate Bill sb1232

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 1232

    By Senator Argenziano





    3-549A-03

  1                      A bill to be entitled

  2         An act relating to the practice of pest

  3         control; amending s. 482.091, F.S.; providing

  4         certain restrictions on the issuance of

  5         employee identification cards; amending s.

  6         482.155, F.S.; providing that a limited

  7         certification does not authorize fumigation of

  8         a structure; amending s. 482.156, F.S.;

  9         providing a fee for the late renewal of

10         certification for commercial landscape

11         maintenance personnel; providing for automatic

12         expiration of such certification following

13         failure to obtain recertification; amending s.

14         482.161, F.S.; authorizing the Department of

15         Agriculture and Consumer Services to take

16         disciplinary action against a licensee or other

17         person who impersonates a department employee;

18         amending s. 482.165, F.S.; authorizing the

19         department to impose an additional fine for the

20         unlicensed practice of pest control; providing

21         an exception; providing an effective date.

22

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

24

25         Section 1.  Subsections (7) and (10) of section

26  482.091, Florida Statutes, are amended to read:

27         482.091  Employee identification cards.--

28         (7)  A person may not be issued, or may not hold, an

29  identification card for more than one licensee at any one

30  time, except a certified operator for the express and sole

31  purpose of, and period for, obtaining experience to qualify

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1232
    3-549A-03




  1  for examination in a category for which such person is not

  2  certified and seeks certification. The period of time for

  3  which a second card may be issued may not exceed 1 year from

  4  the date of issuance, except in the category of fumigation for

  5  which a card may be issued for 2 years.

  6         (10)  In addition to the training required by

  7  subsection (3), each identification cardholder must receive 4

  8  hours of classroom training in pesticide safety, integrated

  9  pest management, and applicable federal and state laws and

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

11  received such training within 2 years before issuance of the

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

13  continuing training in pesticide safety, integrated pest

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

15  the renewal date of the card. Certified operators and special

16  identification cardholders for fumigation who maintain their

17  certificates in good standing are exempt from this subsection.

18  The department shall adopt rules regarding verification of

19  such training.

20         Section 2.  Subsection (5) is added to section 482.155,

21  Florida Statutes, to read:

22         482.155  Limited certification for governmental

23  pesticide applicators or private applicators.--

24         (5)  A limited certification granted under this section

25  does not authorize the performance of fumigation of a

26  structure.

27         Section 3.  Subsection (3) of section 482.156, Florida

28  Statutes, is amended to read:

29         482.156  Limited certification for commercial landscape

30  maintenance personnel.--

31

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1232
    3-549A-03




  1         (3)  An application for recertification under this

  2  section must be made annually and be accompanied by a

  3  recertification fee set by the department, in an amount of not

  4  more than $75 or less than $25; however, until a rule setting

  5  this fee is adopted by the department, the fee for

  6  recertification is $25. The application must also be

  7  accompanied by proof of having completed 4 classroom hours of

  8  acceptable continuing education and the same proof of having a

  9  certificate of insurance as is required for initial

10  certification. After a grace period not exceeding 30 calendar

11  days following the annual date that recertification is due, a

12  late renewal charge of $50 shall be assessed and must be paid

13  in addition to the renewal fee. Unless timely recertified, a

14  certificate automatically expires 180 calendar days after the

15  anniversary recertification date. Subsequent to such

16  expiration, a certificate may be issued only upon successful

17  reexamination and upon payment of the examination fees due.

18         Section 4.  Paragraph (j) is added to subsection (1) of

19  section 482.161, Florida Statutes, to read:

20         482.161  Disciplinary grounds and actions;

21  reinstatement.--

22         (1)  The department may issue a written warning to or

23  impose a fine against, or deny the application for licensure

24  or licensure renewal of, a licensee, certified operator,

25  limited certificateholder, identification cardholder, or

26  special identification cardholder or any other person, or may

27  suspend, revoke, or deny the issuance or renewal of any

28  license, certificate, limited certificate, identification

29  card, or special identification card that is within the scope

30  of this chapter, in accordance with chapter 120, upon any of

31  the following grounds:

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1232
    3-549A-03




  1         (j)  Impersonation of a department employee.

  2         Section 5.  Section 482.165, Florida Statutes, is

  3  amended to read:

  4         482.165  Unlicensed practice of pest control; cease and

  5  desist order; injunction; civil suit and penalty.--

  6         (1)  It is unlawful for a person, partnership, firm,

  7  corporation, or other business entity not licensed by the

  8  department to practice pest control.

  9         (2)  If the department has probable cause to believe

10  that a person, partnership, firm, corporation, or other

11  business entity not licensed by the department to practice

12  pest control has violated any provision of this chapter, the

13  department shall issue and deliver to that person,

14  partnership, firm, corporation, or other business entity a

15  notice to cease and desist from such violation.  For the

16  purpose of enforcing a cease and desist order, the department

17  may file a proceeding in the name of the state seeking

18  issuance of an injunction or a writ of mandamus against any

19  person, partnership, firm, corporation, or other business

20  entity that violates any provision of the order.

21         (3)  In addition to or in lieu of any remedy provided

22  under subsection (2), the department may institute a civil

23  suit in circuit court to recover a civil penalty for any

24  violation for which the department may issue a notice to cease

25  and desist under subsection (2).  The civil penalty may not be

26  less than $500 or more than $5,000 for each offense.  The

27  court may also award to the prevailing party court costs and

28  reasonable attorney's fees.

29         (4)  The violation or disregard of a cease and desist

30  order issued for the purpose of terminating unlicensed pest

31

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 1232
    3-549A-03




  1  control activities is a ground for denial of a license or

  2  certificate when applied for.

  3         (5)  In addition to or in lieu of any remedy provided

  4  under subsections (2) and (3), the department may, even in the

  5  case of a first offense, impose a fine not less than twice the

  6  cost of a pest control business license, but not more than

  7  $5,000, upon a determination by the department that a person

  8  is in violation of subsection (1). For the purposes of this

  9  section, the lapse of a previously issued license for a period

10  of less than 1 year shall not be considered a violation.

11         Section 6.  This act shall take effect July 1, 2003.

12

13            *****************************************

14                          SENATE SUMMARY

15    Revises various provisions governing the regulation of
      the practice of pest control by the Department of
16    Agriculture and Consumer Services. Limits the period for
      which an employee identification card may be issued.
17    Restricts the authorization of a person holding a limited
      certification. Imposes a late-renewal fee for commercial
18    landscape maintenance personnel. Provides for
      disciplinary action against a licensee or other person
19    who impersonates a department employee. Provides an
      additional fine for engaging in the unlicensed practice
20    of pest control.

21

22

23

24

25

26

27

28

29

30

31

                                  5

CODING: Words stricken are deletions; words underlined are additions.