Bill No. CS/HB 651
Amendment No. 888407
Senate House

1Representative Troutman offered the following:
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Chapter 598, Florida Statutes, consisting of
6sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,
7598.007, 598.008, 598.009, and 598.011, is created to read:
10     598.001  Short title.--This chapter may be cited as the
11"Florida Arborist Licensing Law."
12     598.002  Purpose.--It is declared to be the public policy
13of the state that, in order to safeguard life, health, and
14property; the mitigation of property insurance; the cleanup of
15damage from hurricanes, tropical storms, and other severe storm
16events; and the public well-being of its citizens, any person
17practicing or offering to practice arboriculture in this state
18as a licensed arborist shall meet the requirements of this
20     598.003  Definitions.--As used in this chapter:
21     (1)  "Arboriculture" or "arboriculture services" means:
22     (a)  Any tree service, including, but not limited to, a
23written or oral report, a recommendation, an opinion, or a
24consultation done for compensation relating to the improvement
25of the condition of shade, ornamental, palm, or fruit trees by
26fertilizing, pruning, trimming, bracing, or other methods of
27improving, diagnosing, or protecting such trees from tree pests,
28excluding activities regulated under chapter 482 and the
29activities of a nursery as defined in s. 581.011(20) and (22),
30or diagnosing or protecting such trees from tree diseases and
31abiotic agents, or curing or repairing any damage to such trees,
32including, but not limited to, pruning, removal, preservation,
33repair, cabling and bracing, lightning protection, root pruning,
34root excavation, tree assessments, tree maintenance and care,
35trimming, cutting, sawing, or removal of trees that have been
36damaged to such an extent as to cause or threaten injury to life
37or property.
38     (b)  A service performed in connection with post-storm
39cleanup of damage from hurricanes, tropical storms, and other
40storm events that involves substantial work hours. A post-storm
41cleanup service includes, but is not limited to, storm damage
42resulting in downed, damaged, or uprooted trees, or parts of
43trees, of substantial size and weight in excess of 50 pounds
44that threaten the structural integrity of residential or
45commercial structures; involve any type of power lines; impede
46traffic on streets, driveways, and other vehicular access roads;
47require extensive use of compression or chain saws; and involve
48any related skilled service.
49     (c)  A landscape architect licensed under part II of
50chapter 481 is authorized to practice arboriculture; however, as
51provided in s. 598.006(4), only a person licensed under this
52chapter may hold herself or himself out as a state-licensed
54     (d)  To prevent injury to life or property after a
55disaster, state emergency response team members designated under
56the state comprehensive emergency management plan pursuant to
57chapter 252 are authorized to provide and conduct charitable
58arboriculture services and to train volunteers to provide such
59services; however, as provided in s. 598.006(4), only a person
60licensed under this chapter may hold herself or himself out as a
61state-licensed arborist.
62     (2)  "Arborist of record" means a Florida-licensed arborist
63in good standing who is employed by or contracting with a firm,
64corporation, partnership, employer, or person; who supervises
65employees providing arboriculture services; and who issues
66authorization cards to persons performing services under her or
67his supervision.
68     (3)  "Department" means the Department of Agriculture and
69Consumer Services.
70     (4)  "Landscape tree maintenance" means maintenance
71performed when standing on the ground or when performed on trees
72less than 4 inches in diameter at breast height as referenced in
73the Guide to Plant Appraisal.
74     (5)  "Licensed arborist" means a person who has fulfilled
75the International Society of Arboriculture requirements for
76arborist certification or for certification as a Board Certified
77Master Arborist, whose certification is current, and who meets
78the requirements of s. 598.006.
79     (6)  "Person" means a person as defined in s. 1.01(3).
80     (7)  "Practice of arboriculture" means the performance of,
81or offer to perform, an arboriculture service, including, but
82not limited to, a written or oral report, consultation,
83investigation, evaluation, or planning, relating to
84arboriculture, excluding landscape tree maintenance as defined
85in this section and as otherwise excluded by this chapter. A
86person shall be construed to be engaged in the practice of
87arboriculture if she or he:
88     (a)  By verbal claim, sign, advertisement, letterhead,
89card, or any other means represents herself or himself to be an
91     (b)  Through the use of some title implies that she or he
92is an arborist licensed under this chapter; or
93     (c)  Holds herself or himself out as able to perform or
94does perform any arboriculture services or work recognized as an
96     598.004  Powers and duties of the Department of Agriculture
97and Consumer Services; rulemaking.--The department shall have
98all powers and duties necessary to implement the provisions of
99this chapter, including, but not limited to, the authority to
100adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
101the following:
102     (1)  Organizational and operational guidance regarding the
103practice of arboriculture, arborists of record, and the
104requirements of the law regarding licensed arborists.
105     (2)  Licensure process, including, but not limited to,
106requirements and procedures for licensure; insurance
107requirements and standards of the International Society of
108Arboriculture for licensed arborists; authorization cards;
109annual license renewal; language relating to licensure that may
110be used by licensed arborists for public information; duplicate
111licenses; lost, destroyed, or mutilated licenses; and inactive
112and reactivated licenses.
113     (3)  Setting of fees for licensure and annual renewal and
114other license fees as provided in s. 598.005.
115     (4)  Provision of a roster of licensed arborists.
116     598.005  Fees.--
117     (1)  The department shall by rule set fees as provided in
118this section. The amount of the fees shall not exceed the cost
119of the implementing, reviewing, or administrative processing of
120the particular activity or process. Licensure fees shall not
121exceed $300 annually.
122     (2)  Fees collected under this chapter shall be deposited
123into the Incidental Trust Fund of the Division of Forestry of
124the department and shall be used to defray expenses in the
125administration of this chapter.
126     598.006  Licensure procedures and requirements; issuance of
128     (1)  Each applicant for licensure shall:
129     (a)  Submit to the department an application for licensure
130that has been reviewed by the Florida Chapter, Board of
131Directors, International Society of Arboriculture, Inc., for
132completeness and compliance with this section, together with the
133nonrefundable fee;
134     (b)  Furnish proof that she or he is at least 18 years of
136     (c)  Disclose any information related to the provisions of
137subsection (2);
138     (d)  Submit evidence of current certification by the
139International Society of Arboriculture as a Certified Arborist
140or as a Board Certified Master Arborist;
141     (e)  Provide proof of liability, required workers'
142compensation, and errors and omissions insurance; however, an
143applicant employed by a statutorily recognized governmental
144entity shall not be required to carry errors and omissions
145insurance or liability insurance if the entity is self-insured.
146Within 30 days after the termination of the person's employment
147with the governmental entity, the person shall fully comply with
148the requirements of this subsection; and
149     (f)  Submit a signed statement that the applicant will
150comply with arboriculture industry standards, including, but not
151limited to, the national standards for tree operations and
152safety approved by the American National Standards Institute,
153the standards of the International Society of Arboriculture, and
154best management practices adopted by rule by the department.
155     (2)  The department may deny or refuse to renew the license
156of any applicant or state-licensed arborist upon a determination
157that the applicant or state-licensed arborist:
158     (a)  Has failed to meet the requirements for licensure as
159provided in this chapter;
160     (b)  Has been convicted of a crime involving fraud,
161dishonest dealing, or any other act of moral turpitude;
162     (c)  Has not satisfied a civil fine or penalty arising out
163of any administrative or enforcement action brought by any
164governmental agency or private person based upon conduct
165involving fraud, dishonest dealing, or any violation of this
167     (d)  Has pending against her or him any criminal,
168administrative, or enforcement proceedings in any jurisdiction,
169based upon conduct involving fraud, dishonest dealing, or any
170other act of moral turpitude; or
171     (e)  Has had a judgment entered against her or him in any
172action brought by the department or the Department of Legal
173Affairs pursuant to ss. 501.201-501.213 or this chapter.
174     (3)  Any person licensed under this section who fails to
175maintain compliance with subsection (1) shall have her or his
176license suspended or revoked by the department.
177     (4)  A person may not hold herself or himself out as a
178licensed Florida arborist unless the person has been issued a
179license pursuant to this chapter.
180     (5)  All final arboriculture papers or documents involving
181the practice of the profession of arboriculture under the
182supervision of a Florida-licensed arborist of record that have
183been prepared or approved for use by a firm, corporation,
184partnership, or person, for delivery to any person for public
185record within the state, shall be dated and bear the signature
186and seal of the Florida-licensed arborist of record who
187prepared, supervised, or approved the documents and who was
188responsible for the supervision of persons performing
189arboricultural services.
190     598.007  Renewal of licenses; notice of address of primary
191place of business.--
192     (1)  The department shall renew a license upon receipt of
193satisfactory evidence that the applicant's International Society
194of Arboriculture certification is current and that the applicant
195is otherwise in compliance with this chapter and department
197     (2)  The licensed arborist must have on file with the
198department the address of her or his primary place of practice.
199Within 30 days after changing the address of her or his primary
200place of practice, the licensed arborist must notify the
201department of the address of the new primary place of practice.
202     598.008  Inactive licenses; reactivated licenses; suspended
203or revoked licenses.--A licensed arborist whose license has
204become inactive, suspended, or revoked shall have her or his
205license reactivated only upon written request to the department
206and approval by the department to reactivate the license.
207     598.009  Lost, destroyed, stolen, or mutilated licenses.--A
208duplicate license for a licensed arborist may be issued to
209replace a license that has been lost, destroyed, stolen, or
210mutilated, subject to rules of the department. Licenses issued
211under this section shall be marked with the word "DUPLICATE."
212     598.011  Roster of licensed arborists.--The department
213shall maintain a roster showing the names and places of business
214of all licensed arborists in the state, based on requests for
216     Section 2.  There is hereby appropriated to the Department
217of Agriculture and Consumer Services one position and associated
218rate and expenses of $72,280 from the Incidental Trust Fund in
219order to carry out the provisions of section 1 of this act.
220     Section 3.  Subsection (1) of section 604.15, Florida
221Statutes, is amended to read:
222     604.15  Dealers in agricultural products; definitions.--For
223the purpose of ss. 604.15-604.34, the following words and terms,
224when used, shall be construed to mean:
225     (1)  "Agricultural products" means the natural products of
226the farm, nursery, grove, orchard, vineyard, garden, and apiary
227(raw or manufactured); sod; tropical foliage; horticulture; hay;
228livestock; milk and milk products; poultry and poultry products;
229the fruit of the saw palmetto (meaning the fruit of the Serenoa
230repens); limes (meaning the fruit Citrus aurantifolia, variety
231Persian, Tahiti, Bearss, or Florida Key limes); and any other
232nonexempt agricultural products produced in the state, except
233tobacco, sugarcane, tropical foliage, timber and timber
234byproducts, forest products as defined in s. 591.17, and citrus
235other than limes.
236     Section 4.  This act shall take effect July 1, 2008.
T I T L E  A M E N D M E N T
240     Remove the entire title and insert:
A bill to be entitled
242An act relating to arboriculture; creating ch. 598, F.S.;
243providing a short title; providing a purpose statement;
244providing definitions; providing exceptions; providing powers
245and duties of the Department of Agriculture and Consumer
246Services; providing rulemaking authority; establishing a maximum
247annual fee for licensure; providing for deposit and use of fee
248proceeds; establishing licensure procedures and requirements to
249practice arboriculture and provide arboriculture services;
250providing for issuance of a license; providing grounds for
251denial of a license or refusal to renew a license; providing for
252license suspension or revocation; providing for license renewal;
253providing for reactivation of a license under certain
254conditions; providing for issuance of a duplicate license under
255certain circumstances; requiring a roster of licensed arborists;
256providing an appropriation; amending s. 604.15, F.S.; revising a
257definition to make tropical foliage exempt from regulation under
258provisions relating to dealers in agricultural products;
259providing an effective date.

CODING: Words stricken are deletions; words underlined are additions.