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A bill to be entitled |
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An act relating to the practice of pest control; amending |
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s. 482.091, F.S.; providing certain restrictions on the |
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issuance of employee identification cards; amending s. |
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482.155, F.S.; providing that a limited certification does |
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not authorize fumigation of a structure; amending s. |
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482.156, F.S.; providing a fee for the late renewal of |
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certification for commercial landscape maintenance |
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personnel; providing for automatic expiration of such |
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certification following failure to obtain recertification; |
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amending s. 482.161, F.S.; authorizing the Department of |
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Agriculture and Consumer Services to take disciplinary |
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action against a licensee or other person who impersonates |
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a department employee; amending s. 482.165, F.S.; |
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authorizing the department to impose an additional fine |
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for the unlicensed practice of pest control; providing an |
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exception; providing an effective date. |
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Be It Enacted by the Legislature of the State of Florida: |
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Section 1. Subsections (7) and (10) of section 482.091, |
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Florida Statutes, are amended to read: |
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482.091 Employee identification cards.-- |
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(7) A person may not be issued, or may not hold, an |
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identification card for more than one licensee at any one time, |
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except a certified operator for the express and sole purpose of, |
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and period for, obtaining experience to qualify for examination |
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in a category for which such person is not certified and seeks |
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certification.The period of time for which a second card may be |
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issued may not exceed 1 year from the date of issuance, except |
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in the category of fumigation for which a card may be issued for |
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2 years. |
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(10) In addition to the training required by subsection |
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(3), each identification cardholder must receive 4 hours of |
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classroom training in pesticide safety, integrated pest |
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management, and applicable federal and state laws and rules |
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within 6 months after issuance of the card or must have received |
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such training within 2 years before issuance of the card. Each |
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cardholder must receive at least 2 hours of continuing training |
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in pesticide safety, integrated pest management, and applicable |
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federal and state laws and rules by the renewal date of the |
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card. Certified operatorsand special identification cardholders |
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for fumigationwho maintain their certificates in good standing |
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are exempt from this subsection. The department shall adopt |
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rules regarding verification of such training. |
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Section 2. Subsection (5) is added to section 482.155, |
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Florida Statutes, to read: |
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482.155 Limited certification for governmental pesticide |
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applicators or private applicators.-- |
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(5) A limited certification granted under this section |
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does not authorize the performance of fumigation of a structure. |
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Section 3. Subsection (3) of section 482.156, Florida |
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Statutes, is amended to read: |
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482.156 Limited certification for commercial landscape |
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maintenance personnel.-- |
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(3) An application for recertification under this section |
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must be made annually and be accompanied by a recertification |
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fee set by the department, in an amount of not more than $75 or |
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less than $25; however, until a rule setting this fee is adopted |
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by the department, the fee for recertification is $25. The |
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application must also be accompanied by proof of having |
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completed 4 classroom hours of acceptable continuing education |
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and the same proof of having a certificate of insurance as is |
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required for initial certification.After a grace period not |
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exceeding 30 calendar days following the annual date that |
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recertification is due, a late renewal charge of $50 shall be |
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assessed and must be paid in addition to the renewal fee. Unless |
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timely recertified, a certificate automatically expires 180 |
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calendar days after the anniversary recertification date. |
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Subsequent to such expiration, a certificate may be issued only |
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upon successful reexamination and upon payment of the |
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examination fees due. |
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Section 4. Paragraph (j) is added to subsection (1) of |
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section 482.161, Florida Statutes, to read: |
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482.161 Disciplinary grounds and actions; reinstatement.-- |
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(1) The department may issue a written warning to or |
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impose a fine against, or deny the application for licensure or |
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licensure renewal of, a licensee, certified operator, limited |
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certificateholder, identification cardholder, or special |
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identification cardholder or any other person, or may suspend, |
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revoke, or deny the issuance or renewal of any license, |
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certificate, limited certificate, identification card, or |
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special identification card that is within the scope of this |
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chapter, in accordance with chapter 120, upon any of the |
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following grounds: |
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(j) Impersonation of a department employee. |
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Section 5. Section 482.165, Florida Statutes, is amended |
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to read: |
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482.165 Unlicensed practice of pest control; cease and |
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desist order; injunction; civil suit and penalty.-- |
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(1) It is unlawful for a person, partnership, firm, |
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corporation, or other business entity not licensed by the |
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department to practice pest control. |
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(2) If the department has probable cause to believe that a |
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person, partnership, firm, corporation, or other business entity |
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not licensed by the department to practice pest control has |
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violated any provision of this chapter, the department shall |
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issue and deliver to that person, partnership, firm, |
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corporation, or other business entity a notice to cease and |
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desist from such violation. For the purpose of enforcing a |
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cease and desist order, the department may file a proceeding in |
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the name of the state seeking issuance of an injunction or a |
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writ of mandamus against any person, partnership, firm, |
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corporation, or other business entity that violates any |
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provision of the order. |
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(3) In addition to or in lieu of any remedy provided under |
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subsection (2), the department may institute a civil suit in |
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circuit court to recover a civil penalty for any violation for |
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which the department may issue a notice to cease and desist |
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under subsection (2). The civil penalty may not be less than |
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$500 or more than $5,000 for each offense. The court may also |
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award to the prevailing party court costs and reasonable |
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attorney's fees. |
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(4) The violation or disregard of a cease and desist order |
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issued for the purpose of terminating unlicensed pest control |
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activities is a ground for denial of a license or certificate |
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when applied for. |
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(5) In addition to or in lieu of any remedy provided under |
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subsections (2) and (3), the department may, even in the case of |
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a first offense, impose a fine not less than twice the cost of a |
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pest control business license, but not more than $5,000, upon a |
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determination by the department that a person is in violation of |
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subsection (1). For the purposes of this section, the lapse of a |
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previously issued license for a period of less than 1 year shall |
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not be considered a violation. |
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Section 6. This act shall take effect July 1, 2003. |
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