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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 statement of purpose;

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providing definitions; providing powers and duties of the

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Department of Agriculture and Consumer Services;

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authorizing the department to adopt rules; establishing a

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fee schedule for licensure as an arborist; providing for

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the deposit and use of fee proceeds; establishing

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licensure procedures and requirements to practice

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arboriculture and provide arboriculture services;

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providing for the issuance of a license; providing for

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license renewal; providing for the reactivation of a

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license under certain conditions; providing for the

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issuance of a duplicate license under certain

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circumstances; requiring that the department maintain a

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roster of licensed arborists; providing an appropriation

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and authorizing an additional position; providing an

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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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this state that, in order to safeguard life, health, and property

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and provide for the mitigation of property insurance, the cleanup

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of damage from hurricanes, tropical storms, and other severe

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storm events, and the well-being of the public, any person

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practicing or offering to practice arboriculture in this state as

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a licensed arborist must 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 tree service, including, but not limited to,

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written or oral reports, recommendations, opinions, or

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consultations done for compensation relating to the improvement

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of the 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 and the

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activities of a nursery as defined in s. 581.011(20) and (22);

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diagnosing or protecting such trees from tree diseases and

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abiotic agents; or curing or repairing any damage to such trees,

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including, but not limited to, pruning, removal, preservation,

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repair, cabling and bracing, lightning protection, root pruning,

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root excavation, tree assessments, tree maintenance and care,

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trimming, cutting, sawing, or removal of trees that have been

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damaged to such an extent as to cause or threaten injury to life

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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 involving 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 trees

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of substantial size and weight in excess of 50 pounds which

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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, or involve any

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related skilled service.

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Landscape architects licensed under part II of chapter 481 are

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authorized to practice arboriculture. However, as provided in s.

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598.006(4), only persons licensed under this chapter may hold

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themselves out as state licensed arborists.

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     (2) "Arborist of record" means a Florida-licensed arborist

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who is in good standing and employed by or contracting with a

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firm, corporation, partnership, employer, or person and who

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supervises employees providing arboriculture services and issues

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authorization cards to persons performing services under his or

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her supervision.

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

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Consumer Services.

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     (4) "Landscape tree maintenance" means maintenance

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performed when standing on the ground or on trees less than 4

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

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

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or the offer to perform, an arboriculture service, including, but

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not limited to, a written or oral report, consultation,

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investigation, evaluation, or planning relating to arboriculture,

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excluding landscape tree maintenance, as defined in this section,

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or as otherwise excluded by this chapter. A person engages in the

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practice of 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 services

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or work performed by an 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 administer 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) A process for licensure, 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, authorization cards, annual license renewal,

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language relating to licensure which may be used by licensed

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arborists for public information, duplicate licenses, lost,

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destroyed, or mutilated licenses, and inactive and reactivated

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licenses.

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     (3) The setting of fees for licensure and annual renewal

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and other license fees as provided in s. 598.005.

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     (4) The 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 such fees may 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. Such fees shall be set according

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to the following schedule:

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     (a) A nonrefundable licensure application fee not to exceed

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$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 pursuant to this chapter shall be

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deposited into the Incidental Trust Fund of the Division of

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Forestry of the department and shall be used to defray expenses

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incurred in the 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 an application for licensure, together with the

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nonrefundable fee to the department, which has been reviewed by

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the board of directors of the International Society of

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Arboriculture, Inc., Florida Chapter, for completeness and

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compliance with this section;

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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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alleged act or offense, in any jurisdiction, related to the

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applicant's 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, required workers'

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compensation, and errors and omissions insurance. However,

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applicants employed by a statutorily recognized governmental

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entity are not required to carry errors and omissions insurance

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or liability insurance if the entity is self-insured. Within 30

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days after the date on which the person's employment with the

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governmental entity is terminated, the person shall comply fully

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with the requirements of this subsection; 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 may not issue a license to any applicant

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who has committed an act or offense or who is under investigation

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pending its outcome in any jurisdiction for an offense related to

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his or her ability to practice arboriculture. This subsection

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applies only if the department has knowledge of such act,

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offense, or investigation.

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     (3) The department shall suspend or revoke the license of

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any person licensed under this section who fails to maintain

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compliance with subsection (1).

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

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arborist who is licensed in Florida unless such person has been

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issued a license under this chapter.

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     (5) All final arboriculture papers or documents involving

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the practice of the profession of arboriculture under the

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supervision of a Florida-licensed arborist of record which have

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been prepared or approved for use by a firm, corporation,

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partnership, or person for delivery to any person for public

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record within this state shall be dated and bear the signature

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and seal of the Florida-licensed arborist of record who prepared,

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supervised, or approved the documents and who was responsible for

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the supervision of persons performing arboricultural services.

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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) A 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 this state, based on requests for

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licensure.

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     Section 2. The sum of $71,424 is appropriated from the

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Incidental Trust Fund to the Department of Agriculture and

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Consumer Services and one position and associated rate and

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expenses are authorized in order to carry out the provisions of

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this act.

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