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| 1 | CHAMBER ACTION | ||
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| 6 | The Committee on Agriculture recommends the following: | ||
| 7 | |||
| 8 | Committee Substitute | ||
| 9 | Remove the entire bill and insert: | ||
| 10 | A bill to be entitled | ||
| 11 | An act relating to the practice of pest control; amending | ||
| 12 | s. 482.051, F.S.; providing for temporary or removable | ||
| 13 | markers for certain vehicles; amending s. 482.091, F.S.; | ||
| 14 | providing certain restrictions on the issuance of employee | ||
| 15 | identification cards; amending s. 482.155, F.S.; providing | ||
| 16 | that a limited certification does not authorize fumigation | ||
| 17 | of a structure; amending s. 482.156, F.S.; providing a fee | ||
| 18 | for the late renewal of certification for commercial | ||
| 19 | landscape maintenance personnel; providing for automatic | ||
| 20 | expiration of such certification following failure to | ||
| 21 | obtain recertification; amending s. 482.161, F.S.; | ||
| 22 | authorizing the Department of Agriculture and Consumer | ||
| 23 | Services to take disciplinary action against a licensee or | ||
| 24 | other person who impersonates a department employee; | ||
| 25 | amending s. 482.165, F.S.; authorizing the department to | ||
| 26 | impose an additional fine for the unlicensed practice of | ||
| 27 | pest control; providing an exception; providing an | ||
| 28 | effective date. | ||
| 29 | |||
| 30 | Be It Enacted by the Legislature of the State of Florida: | ||
| 31 | |||
| 32 | Section 1. Subsection (2) of section 482.051, Florida | ||
| 33 | Statutes, is amended to read: | ||
| 34 | 482.051 Rules.--The department has authority to adopt | ||
| 35 | rules pursuant to ss. 120.536(1) and 120.54 to implement the | ||
| 36 | provisions of this chapter. Prior to proposing the adoption of a | ||
| 37 | rule, the department shall counsel with members of the pest | ||
| 38 | control industry concerning the proposed rule. The department | ||
| 39 | shall adopt rules for the protection of the health, safety, and | ||
| 40 | welfare of pest control employees and the general public which | ||
| 41 | require: | ||
| 42 | (2) That vehicles and trailers used in pest control be | ||
| 43 | permanently marked with the licensee's name that is registered | ||
| 44 | with the department. However, vehicles that are used to perform | ||
| 45 | only sales and solicitation may have temporary or removable | ||
| 46 | markers. | ||
| 47 | Section 2. Subsections (7) and (10) of section 482.091, | ||
| 48 | Florida Statutes, are amended to read: | ||
| 49 | 482.091 Employee identification cards.-- | ||
| 50 | (7) A person may not be issued, or may not hold, an | ||
| 51 | identification card for more than one licensee at any one time, | ||
| 52 | except a certified operator for the express and sole purpose of, | ||
| 53 | and period for, obtaining experience to qualify for examination | ||
| 54 | in a category for which such person is not certified and seeks | ||
| 55 | certification. The period of time for which a second card may be | ||
| 56 | issued may not exceed 1 year from the date of issuance, except | ||
| 57 | in the category of fumigation for which a card may be issued for | ||
| 58 | 2 years. | ||
| 59 | (10) In addition to the training required by | ||
| 60 | subsection(3), each identification cardholder must receive 4 | ||
| 61 | hours of classroom training in pesticide safety, integrated pest | ||
| 62 | management, and applicable federal and state laws and rules | ||
| 63 | within 6 months after issuance of the card or must have received | ||
| 64 | such training within 2 years before issuance of the card. Each | ||
| 65 | cardholder must receive at least 2 hours of continuing training | ||
| 66 | in pesticide safety, integrated pest management, and applicable | ||
| 67 | federal and state laws and rules by the renewal date of the | ||
| 68 | card. Certified operators and special identification cardholders | ||
| 69 | for fumigationwho maintain their certificates in good standing | ||
| 70 | are exempt from this subsection. The department shall adopt | ||
| 71 | rules regarding verification of such training. | ||
| 72 | Section 3. Subsection (5) is added to section 482.155, | ||
| 73 | Florida Statutes, to read: | ||
| 74 | 482.155 Limited certification for governmental pesticide | ||
| 75 | applicators or private applicators.-- | ||
| 76 | (5) A limited certification granted under this section | ||
| 77 | does not authorize the performance of fumigation of a structure. | ||
| 78 | Section 4. Subsection (3) of section 482.156, Florida | ||
| 79 | Statutes, is amended to read: | ||
| 80 | 482.156 Limited certification for commercial landscape | ||
| 81 | maintenance personnel.-- | ||
| 82 | (3) An application for recertification under this section | ||
| 83 | must be made annually and be accompanied by a recertification | ||
| 84 | fee set by the department, in an amount of not more than $75 or | ||
| 85 | less than $25; however, until a rule setting this fee is adopted | ||
| 86 | by the department, the fee for recertification is $25. The | ||
| 87 | application must also be accompanied by proof of having | ||
| 88 | completed 4 classroom hours of acceptable continuing education | ||
| 89 | and the same proof of having a certificate of insurance as is | ||
| 90 | required for initial certification. After a grace period not | ||
| 91 | exceeding 30 calendar days following the annual date that | ||
| 92 | recertification is due, a late renewal charge of $50 shall be | ||
| 93 | assessed and must be paid in addition to the renewal fee. Unless | ||
| 94 | timely recertified, a certificate automatically expires 180 | ||
| 95 | calendar days after the anniversary recertification date. | ||
| 96 | Subsequent to such expiration, a certificate may be issued only | ||
| 97 | upon successful reexamination and upon payment of the | ||
| 98 | examination fees due. | ||
| 99 | Section 5. Paragraph (j) is added to subsection (1) of | ||
| 100 | section 482.161, Florida Statutes, to read: | ||
| 101 | 482.161 Disciplinary grounds and actions; reinstatement.-- | ||
| 102 | (1) The department may issue a written warning to or | ||
| 103 | impose a fine against, or deny the application for licensure or | ||
| 104 | licensure renewal of, a licensee, certified operator, limited | ||
| 105 | certificateholder, identification cardholder, or special | ||
| 106 | identification cardholder or any other person, or may suspend, | ||
| 107 | revoke, or deny the issuance or renewal of any license, | ||
| 108 | certificate, limited certificate, identification card, or | ||
| 109 | special identification card that is within the scope of this | ||
| 110 | chapter, in accordance with chapter 120, upon any of the | ||
| 111 | following grounds: | ||
| 112 | (j) Impersonation of a department employee. | ||
| 113 | Section 6. Section 482.165, Florida Statutes, is amended | ||
| 114 | to read: | ||
| 115 | 482.165 Unlicensed practice of pest control; cease and | ||
| 116 | desist order; injunction; civil suit and penalty.-- | ||
| 117 | (1) It is unlawful for a person, partnership, firm, | ||
| 118 | corporation, or other business entity not licensed by the | ||
| 119 | department to practice pest control. | ||
| 120 | (2) If the department has probable cause to believe that a | ||
| 121 | person, partnership, firm, corporation, or other business entity | ||
| 122 | not licensed by the department to practice pest control has | ||
| 123 | violated any provision of this chapter, the department shall | ||
| 124 | issue and deliver to that person, partnership, firm, | ||
| 125 | corporation, or other business entity a notice to cease and | ||
| 126 | desist from such violation. For the purpose of enforcing a | ||
| 127 | cease and desist order, the department may file a proceeding in | ||
| 128 | the name of the state seeking issuance of an injunction or a | ||
| 129 | writ of mandamus against any person, partnership, firm, | ||
| 130 | corporation, or other business entity that violates any | ||
| 131 | provision of the order. | ||
| 132 | (3) In addition to or in lieu of any remedy provided under | ||
| 133 | subsection (2), the department may institute a civil suit in | ||
| 134 | circuit court to recover a civil penalty for any violation for | ||
| 135 | which the department may issue a notice to cease and desist | ||
| 136 | under subsection (2). The civil penalty may not be less than | ||
| 137 | $500 or more than $5,000 for each offense. The court may also | ||
| 138 | award to the prevailing party court costs and reasonable | ||
| 139 | attorney's fees. | ||
| 140 | (4) The violation or disregard of a cease and desist order | ||
| 141 | issued for the purpose of terminating unlicensed pest control | ||
| 142 | activities is a ground for denial of a license or certificate | ||
| 143 | when applied for. | ||
| 144 | (5) In addition to or in lieu of any remedy provided under | ||
| 145 | subsections (2) and (3), the department may, even in the case of | ||
| 146 | a first offense, impose a fine not less than twice the cost of a | ||
| 147 | pest control business license, but not more than $5,000, upon a | ||
| 148 | determination by the department that a person is in violation of | ||
| 149 | subsection (1). For the purposes of this subsection, the lapse | ||
| 150 | of a previously issued license for a period of less than 1 year | ||
| 151 | shall not be considered a violation. | ||
| 152 | Section 7. This act shall take effect July 1, 2003. | ||