HB 0405 2003
   
1 A bill to be entitled
2          An act relating to the practice of pest control; amending
3    s. 482.091, F.S.; providing certain restrictions on the
4    issuance of employee identification cards; amending s.
5    482.155, F.S.; providing that a limited certification does
6    not authorize fumigation of a structure; amending s.
7    482.156, F.S.; providing a fee for the late renewal of
8    certification for commercial landscape maintenance
9    personnel; providing for automatic expiration of such
10    certification following failure to obtain recertification;
11    amending s. 482.161, F.S.; authorizing the Department of
12    Agriculture and Consumer Services to take disciplinary
13    action against a licensee or other person who impersonates
14    a department employee; amending s. 482.165, F.S.;
15    authorizing the department to impose an additional fine
16    for the unlicensed practice of pest control; providing an
17    exception; providing an effective date.
18         
19          Be It Enacted by the Legislature of the State of Florida:
20         
21          Section 1. Subsections (7) and (10) of section 482.091,
22    Florida Statutes, are amended to read:
23          482.091 Employee identification cards.--
24          (7) A person may not be issued, or may not hold, an
25    identification card for more than one licensee at any one time,
26    except a certified operator for the express and sole purpose of,
27    and period for, obtaining experience to qualify for examination
28    in a category for which such person is not certified and seeks
29    certification.The period of time for which a second card may be
30    issued may not exceed 1 year from the date of issuance, except
31    in the category of fumigation for which a card may be issued for
32    2 years.
33          (10) In addition to the training required by subsection
34    (3), each identification cardholder must receive 4 hours of
35    classroom training in pesticide safety, integrated pest
36    management, and applicable federal and state laws and rules
37    within 6 months after issuance of the card or must have received
38    such training within 2 years before issuance of the card. Each
39    cardholder must receive at least 2 hours of continuing training
40    in pesticide safety, integrated pest management, and applicable
41    federal and state laws and rules by the renewal date of the
42    card. Certified operatorsand special identification cardholders
43    for fumigationwho maintain their certificates in good standing
44    are exempt from this subsection. The department shall adopt
45    rules regarding verification of such training.
46          Section 2. Subsection (5) is added to section 482.155,
47    Florida Statutes, to read:
48          482.155 Limited certification for governmental pesticide
49    applicators or private applicators.--
50          (5) A limited certification granted under this section
51    does not authorize the performance of fumigation of a structure.
52          Section 3. Subsection (3) of section 482.156, Florida
53    Statutes, is amended to read:
54          482.156 Limited certification for commercial landscape
55    maintenance personnel.--
56          (3) An application for recertification under this section
57    must be made annually and be accompanied by a recertification
58    fee set by the department, in an amount of not more than $75 or
59    less than $25; however, until a rule setting this fee is adopted
60    by the department, the fee for recertification is $25. The
61    application must also be accompanied by proof of having
62    completed 4 classroom hours of acceptable continuing education
63    and the same proof of having a certificate of insurance as is
64    required for initial certification.After a grace period not
65    exceeding 30 calendar days following the annual date that
66    recertification is due, a late renewal charge of $50 shall be
67    assessed and must be paid in addition to the renewal fee. Unless
68    timely recertified, a certificate automatically expires 180
69    calendar days after the anniversary recertification date.
70    Subsequent to such expiration, a certificate may be issued only
71    upon successful reexamination and upon payment of the
72    examination fees due.
73          Section 4. Paragraph (j) is added to subsection (1) of
74    section 482.161, Florida Statutes, to read:
75          482.161 Disciplinary grounds and actions; reinstatement.--
76          (1) The department may issue a written warning to or
77    impose a fine against, or deny the application for licensure or
78    licensure renewal of, a licensee, certified operator, limited
79    certificateholder, identification cardholder, or special
80    identification cardholder or any other person, or may suspend,
81    revoke, or deny the issuance or renewal of any license,
82    certificate, limited certificate, identification card, or
83    special identification card that is within the scope of this
84    chapter, in accordance with chapter 120, upon any of the
85    following grounds:
86          (j) Impersonation of a department employee.
87          Section 5. Section 482.165, Florida Statutes, is amended
88    to read:
89          482.165 Unlicensed practice of pest control; cease and
90    desist order; injunction; civil suit and penalty.--
91          (1) It is unlawful for a person, partnership, firm,
92    corporation, or other business entity not licensed by the
93    department to practice pest control.
94          (2) If the department has probable cause to believe that a
95    person, partnership, firm, corporation, or other business entity
96    not licensed by the department to practice pest control has
97    violated any provision of this chapter, the department shall
98    issue and deliver to that person, partnership, firm,
99    corporation, or other business entity a notice to cease and
100    desist from such violation. For the purpose of enforcing a
101    cease and desist order, the department may file a proceeding in
102    the name of the state seeking issuance of an injunction or a
103    writ of mandamus against any person, partnership, firm,
104    corporation, or other business entity that violates any
105    provision of the order.
106          (3) In addition to or in lieu of any remedy provided under
107    subsection (2), the department may institute a civil suit in
108    circuit court to recover a civil penalty for any violation for
109    which the department may issue a notice to cease and desist
110    under subsection (2). The civil penalty may not be less than
111    $500 or more than $5,000 for each offense. The court may also
112    award to the prevailing party court costs and reasonable
113    attorney's fees.
114          (4) The violation or disregard of a cease and desist order
115    issued for the purpose of terminating unlicensed pest control
116    activities is a ground for denial of a license or certificate
117    when applied for.
118          (5) In addition to or in lieu of any remedy provided under
119    subsections (2) and (3), the department may, even in the case of
120    a first offense, impose a fine not less than twice the cost of a
121    pest control business license, but not more than $5,000, upon a
122    determination by the department that a person is in violation of
123    subsection (1). For the purposes of this section, the lapse of a
124    previously issued license for a period of less than 1 year shall
125    not be considered a violation.
126          Section 6. This act shall take effect July 1, 2003.
127