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A bill to be entitled

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An act relating to arboriculture; creating ch. 598, F.S.;

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providing a short title; providing a purpose statement;

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providing definitions; providing powers and duties of the

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Department of Agriculture and Consumer Services; providing

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rulemaking authority; establishing a fee schedule for

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licensure; providing for deposit and use of fee proceeds;

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establishing licensure procedures and requirements to

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practice arboriculture and provide arboriculture services;

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providing for issuance of a license; providing for license

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renewal; providing for reactivation of a license under

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certain conditions; providing for issuance of a duplicate

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license under certain circumstances; requiring a roster of

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licensed arborists; providing an appropriation; providing

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an effective date.

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

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     Section 1.  Chapter 598, Florida Statutes, consisting of

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sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,

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598.007, 598.008, 598.009, and 598.011, is created to read:

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CHAPTER 598

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ARBORICULTURE

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     598.001 Short title.--This chapter may be cited as the

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"Florida Arborist Licensing Law."

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     598.002 Purpose.--It is declared to be the public policy of

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the state that, in order to safeguard life, health, and property;

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the mitigation of property insurance; the cleanup of damage from

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hurricanes, tropical storms, and other severe storm events; and

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the public well-being of its citizens, any person practicing or

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offering to practice arboriculture in this state as a licensed

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arborist shall meet the requirements of this chapter.

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     598.003 Definitions.--As used in this chapter:

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     (1) "Arboriculture" or "arboriculture services" means:

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     (a) Any service, including, but not limited to, a written

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or oral report, a recommendation, an opinion, or a consultation

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done for compensation relating to the improvement of the

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condition of shade, ornamental, palm, or fruit trees by

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fertilizing, pruning, trimming, bracing, or other methods of

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improving, diagnosing, or protecting such trees from tree pests,

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excluding activities regulated under chapter 482, or diagnosing

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or protecting such trees from tree diseases and abiotic agents,

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or curing or repairing any damage to such trees, including, but

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not limited to, pruning, removal, preservation, repair, cabling

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and bracing, lightning protection, root pruning, root excavation,

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tree assessments, tree maintenance and care, trimming, cutting,

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sawing, or removal of trees that have been damaged to such an

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extent as to cause or threaten injury to life or property.

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     (b) A service performed in connection with post-storm

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cleanup of damage from hurricanes, tropical storms, and other

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storm events that involves substantial work hours. A post-storm

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cleanup service includes, but is not limited to, storm damage

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resulting in downed, damaged, or uprooted trees, or parts of

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trees, of substantial size and weight in excess of 50 pounds that

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threaten the structural integrity of residential or commercial

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structures; involve any type of power lines; impede traffic on

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streets, driveways, and other vehicular access roads; require

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extensive use of compression or chain saws; and involve any

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related skilled service.

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     (2) "Department" means the Department of Agriculture and

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Consumer Services.

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     (3) "Landscape maintenance" means maintenance performed

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when standing on the ground or when performed on trees less than

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4 inches in diameter at breast height as defined by the most

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current edition of the Guide to Plant Appraisal.

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     (4) "Licensed arborist" means a person who has fulfilled

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the International Society of Arboriculture requirements for

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arborist certification or for certification as a Board Certified

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Master Arborist, whose certification is current, and who meets

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the requirements of s. 598.006.

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     (5) "Person" means a person as defined in s. 1.01(3).

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     (6) "Practice of arboriculture" means the performance of,

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or offer to perform, an arboriculture service, including, but not

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limited to, a written or oral report, consultation,

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investigation, evaluation, or planning, relating to

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arboriculture, except as specifically exempted by this chapter. A

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person shall be construed to be engaged in the practice of

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arboriculture if she or he:

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     (a) By verbal claim, sign, advertisement, letterhead, card,

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or any other means represents herself or himself to be an

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arborist;

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     (b) Through the use of some title implies that she or he is

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an arborist licensed under this chapter; or

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     (c) Holds herself or himself out as able to perform or does

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perform any arboriculture services or work recognized as an

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arborist.

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     598.004 Powers and duties of the Department of Agriculture

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and Consumer Services; rulemaking.--The department shall have all

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powers and duties necessary to implement the provisions of this

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chapter, including, but not limited to, the authority to adopt

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

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following:

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     (1) Organizational and operational guidance regarding the

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practice of arboriculture, arborists of record, and the

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requirements of the law regarding licensed arborists.

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     (2) Licensure process, including, but not limited to,

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requirements and procedures for licensure, insurance requirements

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and standards of the International Society of Arboriculture for

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licensed arborists, annual license renewal, language relating to

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licensure that may be used by licensed arborists for public

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information, duplicate licenses, and inactive and reactivated

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licenses.

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     (3) Setting of fees for licensure and annual renewal and

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other license fees as provided in s. 598.005.

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     (4) Provision of a roster of licensed arborists.

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     598.005 Fees.--

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     (1) The department shall by rule set fees as provided in

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this section. The amount of the fees shall not exceed the cost of

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the implementing, reviewing, or administrative processing of the

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particular activity or process. The fees shall be set according

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to the following schedule:

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     (a) A nonrefundable licensure fee not to exceed $300.

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     (b) An annual renewal fee not to exceed $300.

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     (c) A fee for reactivation of an inactive license not to

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exceed $100.

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     (2) Fees collected under this chapter shall be deposited

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into the Incidental Trust Fund of the Division of Forestry of the

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department and shall be used to defray expenses in the

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administration of this chapter.

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     598.006 Licensure procedures and requirements; issuance of

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licenses.--

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     (1) Each applicant for licensure shall:

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     (a) Submit a written request for licensure and remit the

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nonrefundable fee;

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     (b) Furnish proof that she or he is at least 18 years of

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age;

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     (c) Disclose any act or offense or investigation of such

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act or offense in any jurisdiction related to the applicant's

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ability to practice arboriculture;

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     (d) Submit evidence of current certification by the

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International Society of Arboriculture as a Certified Arborist or

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as a Board Certified Master Arborist;

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     (e) Provide proof of liability, workers' compensation, and

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errors and omissions insurance; and

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     (f) Submit a signed statement that the applicant will

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comply with current industry standards, including, but not

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limited to, ANSI Z-133-1 and A-300 series and any other related

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standards of the International Society of Arboriculture and best

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management practices adopted by rule by the department.

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     (2) The department, if it has knowledge, shall not issue a

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license to any applicant who is under investigation in any

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jurisdiction for an offense related to the practice of

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arboriculture.

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     (3) Any person licensed under this section who fails to

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maintain compliance with subsection (1) shall have her or his

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license suspended or revoked by the department.

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     (4) A person may not hold herself or himself out as a

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licensed Florida arborist unless the person has been issued a

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license pursuant to this chapter.

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     598.007 Renewal of licenses; notice of address of primary

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place of business.--

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     (1) The department shall renew a license upon receipt of

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satisfactory evidence that the applicant's International Society

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of Arboriculture certification is current and that the applicant

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is otherwise in compliance with this chapter and department

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rules.

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     (2) The licensed arborist must have on file with the

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department the address of her or his primary place of practice.

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Within 30 days after changing the address of her or his primary

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place of practice, the licensed arborist must notify the

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department of the address of the new primary place of practice.

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     598.008 Inactive licenses; reactivated licenses; suspended

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or revoked licenses.--A licensed arborist whose license has

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become inactive, suspended, or revoked shall have her or his

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license reactivated only upon written request to the department

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and approval by the department to reactivate the license.

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     598.009 Lost, destroyed, stolen, or mutilated licenses.--A

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duplicate license for a licensed arborist may be issued to

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replace a license that has been lost, destroyed, stolen, or

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mutilated, subject to rules of the department. Licenses issued

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under this section shall be marked with the word "DUPLICATE."

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     598.011 Roster of licensed arborists.--The department shall

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maintain a roster showing the names and places of business of all

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licensed arborists in the state, based on requests for licensure.

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     Section 2. The sum of $200,000 is appropriated from the

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Incidental Trust Fund of the Division of Forestry of the

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Department of Agriculture and Consumer Services to the Department

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of Agriculture and Consumer Services for the purpose of carrying

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out the provisions of this act.

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     Section 3.  This act shall take effect July 1, 2008.