| 1 | Representative Troutman offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Remove everything after the enacting clause and insert: |
| 5 | Section 1. Chapter 598, Florida Statutes, consisting of |
| 6 | sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006, |
| 7 | 598.007, 598.008, 598.009, and 598.011, is created to read: |
| 8 | CHAPTER 598 |
| 9 | ARBORICULTURE |
| 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 |
| 13 | of the state that, in order to safeguard life, health, and |
| 14 | property; the mitigation of property insurance; the cleanup of |
| 15 | damage from hurricanes, tropical storms, and other severe storm |
| 16 | events; and the public well-being of its citizens, any person |
| 17 | practicing or offering to practice arboriculture in this state |
| 18 | as a licensed arborist shall meet the requirements of this |
| 19 | chapter. |
| 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 |
| 23 | written or oral report, a recommendation, an opinion, or a |
| 24 | consultation done for compensation relating to the improvement |
| 25 | of the condition of shade, ornamental, palm, or fruit trees by |
| 26 | fertilizing, pruning, trimming, bracing, or other methods of |
| 27 | improving, diagnosing, or protecting such trees from tree pests, |
| 28 | excluding activities regulated under chapter 482 and the |
| 29 | activities of a nursery as defined in s. 581.011(20) and (22), |
| 30 | or diagnosing or protecting such trees from tree diseases and |
| 31 | abiotic agents, or curing or repairing any damage to such trees, |
| 32 | including, but not limited to, pruning, removal, preservation, |
| 33 | repair, cabling and bracing, lightning protection, root pruning, |
| 34 | root excavation, tree assessments, tree maintenance and care, |
| 35 | trimming, cutting, sawing, or removal of trees that have been |
| 36 | damaged to such an extent as to cause or threaten injury to life |
| 37 | or property. |
| 38 | (b) A service performed in connection with post-storm |
| 39 | cleanup of damage from hurricanes, tropical storms, and other |
| 40 | storm events that involves substantial work hours. A post-storm |
| 41 | cleanup service includes, but is not limited to, storm damage |
| 42 | resulting in downed, damaged, or uprooted trees, or parts of |
| 43 | trees, of substantial size and weight in excess of 50 pounds |
| 44 | that threaten the structural integrity of residential or |
| 45 | commercial structures; involve any type of power lines; impede |
| 46 | traffic on streets, driveways, and other vehicular access roads; |
| 47 | require extensive use of compression or chain saws; and involve |
| 48 | any related skilled service. |
| 49 | (c) A landscape architect licensed under part II of |
| 50 | chapter 481 is authorized to practice arboriculture; however, as |
| 51 | provided in s. 598.006(4), only a person licensed under this |
| 52 | chapter may hold herself or himself out as a state-licensed |
| 53 | arborist. |
| 54 | (d) To prevent injury to life or property after a |
| 55 | disaster, state emergency response team members designated under |
| 56 | the state comprehensive emergency management plan pursuant to |
| 57 | chapter 252 are authorized to provide and conduct charitable |
| 58 | arboriculture services and to train volunteers to provide such |
| 59 | services; however, as provided in s. 598.006(4), only a person |
| 60 | licensed under this chapter may hold herself or himself out as a |
| 61 | state-licensed arborist. |
| 62 | (2) "Arborist of record" means a Florida-licensed arborist |
| 63 | in good standing who is employed by or contracting with a firm, |
| 64 | corporation, partnership, employer, or person; who supervises |
| 65 | employees providing arboriculture services; and who issues |
| 66 | authorization cards to persons performing services under her or |
| 67 | his supervision. |
| 68 | (3) "Department" means the Department of Agriculture and |
| 69 | Consumer Services. |
| 70 | (4) "Landscape tree maintenance" means maintenance |
| 71 | performed when standing on the ground or when performed on trees |
| 72 | less than 4 inches in diameter at breast height as referenced in |
| 73 | the Guide to Plant Appraisal. |
| 74 | (5) "Licensed arborist" means a person who has fulfilled |
| 75 | the International Society of Arboriculture requirements for |
| 76 | arborist certification or for certification as a Board Certified |
| 77 | Master Arborist, whose certification is current, and who meets |
| 78 | the 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, |
| 81 | or offer to perform, an arboriculture service, including, but |
| 82 | not limited to, a written or oral report, consultation, |
| 83 | investigation, evaluation, or planning, relating to |
| 84 | arboriculture, excluding landscape tree maintenance as defined |
| 85 | in this section and as otherwise excluded by this chapter. A |
| 86 | person shall be construed to be engaged in the practice of |
| 87 | arboriculture if she or he: |
| 88 | (a) By verbal claim, sign, advertisement, letterhead, |
| 89 | card, or any other means represents herself or himself to be an |
| 90 | arborist; |
| 91 | (b) Through the use of some title implies that she or he |
| 92 | is an arborist licensed under this chapter; or |
| 93 | (c) Holds herself or himself out as able to perform or |
| 94 | does perform any arboriculture services or work recognized as an |
| 95 | arborist. |
| 96 | 598.004 Powers and duties of the Department of Agriculture |
| 97 | and Consumer Services; rulemaking.--The department shall have |
| 98 | all powers and duties necessary to implement the provisions of |
| 99 | this chapter, including, but not limited to, the authority to |
| 100 | adopt rules pursuant to ss. 120.536(1) and 120.54 to implement |
| 101 | the following: |
| 102 | (1) Organizational and operational guidance regarding the |
| 103 | practice of arboriculture, arborists of record, and the |
| 104 | requirements of the law regarding licensed arborists. |
| 105 | (2) Licensure process, including, but not limited to, |
| 106 | requirements and procedures for licensure; insurance |
| 107 | requirements and standards of the International Society of |
| 108 | Arboriculture for licensed arborists; authorization cards; |
| 109 | annual license renewal; language relating to licensure that may |
| 110 | be used by licensed arborists for public information; duplicate |
| 111 | licenses; lost, destroyed, or mutilated licenses; and inactive |
| 112 | and reactivated licenses. |
| 113 | (3) Setting of fees for licensure and annual renewal and |
| 114 | other 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 |
| 118 | this section. The amount of the fees shall not exceed the cost |
| 119 | of the implementing, reviewing, or administrative processing of |
| 120 | the particular activity or process. Licensure fees shall not |
| 121 | exceed $300 annually. |
| 122 | (2) Fees collected under this chapter shall be deposited |
| 123 | into the Incidental Trust Fund of the Division of Forestry of |
| 124 | the department and shall be used to defray expenses in the |
| 125 | administration of this chapter. |
| 126 | 598.006 Licensure procedures and requirements; issuance of |
| 127 | licenses.-- |
| 128 | (1) Each applicant for licensure shall: |
| 129 | (a) Submit to the department an application for licensure |
| 130 | that has been reviewed by the Florida Chapter, Board of |
| 131 | Directors, International Society of Arboriculture, Inc., for |
| 132 | completeness and compliance with this section, together with the |
| 133 | nonrefundable fee; |
| 134 | (b) Furnish proof that she or he is at least 18 years of |
| 135 | age; |
| 136 | (c) Disclose any information related to the provisions of |
| 137 | subsection (2); |
| 138 | (d) Submit evidence of current certification by the |
| 139 | International Society of Arboriculture as a Certified Arborist |
| 140 | or as a Board Certified Master Arborist; |
| 141 | (e) Provide proof of liability, required workers' |
| 142 | compensation, and errors and omissions insurance; however, an |
| 143 | applicant employed by a statutorily recognized governmental |
| 144 | entity shall not be required to carry errors and omissions |
| 145 | insurance or liability insurance if the entity is self-insured. |
| 146 | Within 30 days after the termination of the person's employment |
| 147 | with the governmental entity, the person shall fully comply with |
| 148 | the requirements of this subsection; and |
| 149 | (f) Submit a signed statement that the applicant will |
| 150 | comply with arboriculture industry standards, including, but not |
| 151 | limited to, the national standards for tree operations and |
| 152 | safety approved by the American National Standards Institute, |
| 153 | the standards of the International Society of Arboriculture, and |
| 154 | best management practices adopted by rule by the department. |
| 155 | (2) The department may deny or refuse to renew the license |
| 156 | of any applicant or state-licensed arborist upon a determination |
| 157 | that the applicant or state-licensed arborist: |
| 158 | (a) Has failed to meet the requirements for licensure as |
| 159 | provided in this chapter; |
| 160 | (b) Has been convicted of a crime involving fraud, |
| 161 | dishonest dealing, or any other act of moral turpitude; |
| 162 | (c) Has not satisfied a civil fine or penalty arising out |
| 163 | of any administrative or enforcement action brought by any |
| 164 | governmental agency or private person based upon conduct |
| 165 | involving fraud, dishonest dealing, or any violation of this |
| 166 | act; |
| 167 | (d) Has pending against her or him any criminal, |
| 168 | administrative, or enforcement proceedings in any jurisdiction, |
| 169 | based upon conduct involving fraud, dishonest dealing, or any |
| 170 | other act of moral turpitude; or |
| 171 | (e) Has had a judgment entered against her or him in any |
| 172 | action brought by the department or the Department of Legal |
| 173 | Affairs pursuant to ss. 501.201-501.213 or this chapter. |
| 174 | (3) Any person licensed under this section who fails to |
| 175 | maintain compliance with subsection (1) shall have her or his |
| 176 | license suspended or revoked by the department. |
| 177 | (4) A person may not hold herself or himself out as a |
| 178 | licensed Florida arborist unless the person has been issued a |
| 179 | license pursuant to this chapter. |
| 180 | (5) All final arboriculture papers or documents involving |
| 181 | the practice of the profession of arboriculture under the |
| 182 | supervision of a Florida-licensed arborist of record that have |
| 183 | been prepared or approved for use by a firm, corporation, |
| 184 | partnership, or person, for delivery to any person for public |
| 185 | record within the state, shall be dated and bear the signature |
| 186 | and seal of the Florida-licensed arborist of record who |
| 187 | prepared, supervised, or approved the documents and who was |
| 188 | responsible for the supervision of persons performing |
| 189 | arboricultural services. |
| 190 | 598.007 Renewal of licenses; notice of address of primary |
| 191 | place of business.-- |
| 192 | (1) The department shall renew a license upon receipt of |
| 193 | satisfactory evidence that the applicant's International Society |
| 194 | of Arboriculture certification is current and that the applicant |
| 195 | is otherwise in compliance with this chapter and department |
| 196 | rules. |
| 197 | (2) The licensed arborist must have on file with the |
| 198 | department the address of her or his primary place of practice. |
| 199 | Within 30 days after changing the address of her or his primary |
| 200 | place of practice, the licensed arborist must notify the |
| 201 | department of the address of the new primary place of practice. |
| 202 | 598.008 Inactive licenses; reactivated licenses; suspended |
| 203 | or revoked licenses.--A licensed arborist whose license has |
| 204 | become inactive, suspended, or revoked shall have her or his |
| 205 | license reactivated only upon written request to the department |
| 206 | and approval by the department to reactivate the license. |
| 207 | 598.009 Lost, destroyed, stolen, or mutilated licenses.--A |
| 208 | duplicate license for a licensed arborist may be issued to |
| 209 | replace a license that has been lost, destroyed, stolen, or |
| 210 | mutilated, subject to rules of the department. Licenses issued |
| 211 | under this section shall be marked with the word "DUPLICATE." |
| 212 | 598.011 Roster of licensed arborists.--The department |
| 213 | shall maintain a roster showing the names and places of business |
| 214 | of all licensed arborists in the state, based on requests for |
| 215 | licensure. |
| 216 | Section 2. There is hereby appropriated to the Department |
| 217 | of Agriculture and Consumer Services one position and associated |
| 218 | rate and expenses of $72,280 from the Incidental Trust Fund in |
| 219 | order to carry out the provisions of section 1 of this act. |
| 220 | Section 3. Subsection (1) of section 604.15, Florida |
| 221 | Statutes, is amended to read: |
| 222 | 604.15 Dealers in agricultural products; definitions.--For |
| 223 | the purpose of ss. 604.15-604.34, the following words and terms, |
| 224 | when used, shall be construed to mean: |
| 225 | (1) "Agricultural products" means the natural products of |
| 226 | the farm, nursery, grove, orchard, vineyard, garden, and apiary |
| 227 | (raw or manufactured); sod; tropical foliage; horticulture; hay; |
| 228 | livestock; milk and milk products; poultry and poultry products; |
| 229 | the fruit of the saw palmetto (meaning the fruit of the Serenoa |
| 230 | repens); limes (meaning the fruit Citrus aurantifolia, variety |
| 231 | Persian, Tahiti, Bearss, or Florida Key limes); and any other |
| 232 | nonexempt agricultural products produced in the state, except |
| 233 | tobacco, sugarcane, tropical foliage, timber and timber |
| 234 | byproducts, forest products as defined in s. 591.17, and citrus |
| 235 | other than limes. |
| 236 | Section 4. This act shall take effect July 1, 2008. |
| 237 |
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| 238 | ----------------------------------------------------- |
| 239 | T I T L E A M E N D M E N T |
| 240 | Remove the entire title and insert: |
| 241 | A bill to be entitled |
| 242 | An act relating to arboriculture; creating ch. 598, F.S.; |
| 243 | providing a short title; providing a purpose statement; |
| 244 | providing definitions; providing exceptions; providing powers |
| 245 | and duties of the Department of Agriculture and Consumer |
| 246 | Services; providing rulemaking authority; establishing a maximum |
| 247 | annual fee for licensure; providing for deposit and use of fee |
| 248 | proceeds; establishing licensure procedures and requirements to |
| 249 | practice arboriculture and provide arboriculture services; |
| 250 | providing for issuance of a license; providing grounds for |
| 251 | denial of a license or refusal to renew a license; providing for |
| 252 | license suspension or revocation; providing for license renewal; |
| 253 | providing for reactivation of a license under certain |
| 254 | conditions; providing for issuance of a duplicate license under |
| 255 | certain circumstances; requiring a roster of licensed arborists; |
| 256 | providing an appropriation; amending s. 604.15, F.S.; revising a |
| 257 | definition to make tropical foliage exempt from regulation under |
| 258 | provisions relating to dealers in agricultural products; |
| 259 | providing an effective date. |