HB 651

1	A bill to be entitled
2	An act relating to arboriculture; creating ch. 598, F.S.;
3	providing a short title; providing a purpose statement;
4	providing definitions; providing powers and duties of the
5	Department of Agriculture and Consumer Services; providing
6	rulemaking authority; establishing a fee schedule for
7	licensure; providing for deposit and use of fee proceeds;
8	establishing licensure procedures and requirements to
9	practice arboriculture and provide arboriculture services;
10	providing for issuance of a license; providing for license
11	renewal; providing for reactivation of a license under
12	certain conditions; providing for issuance of a duplicate
13	license under certain circumstances; requiring a roster of
14	licensed arborists; providing an appropriation; providing
15	an effective date.
16
17	Be It Enacted by the Legislature of the State of Florida:
18
19	Section 1.  Chapter 598, Florida Statutes, consisting of
20	sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,
21	598.007, 598.008, 598.009, and 598.011, is created to read:
22	CHAPTER 598
23	ARBORICULTURE
24	598.001  Short title.--This chapter may be cited as the
25	"Florida Arborist Licensing Law."
26	598.002  Purpose.--It is declared to be the public policy
27	of the state that, in order to safeguard life, health, and
28	property; the mitigation of property insurance; the cleanup of
29	damage from hurricanes, tropical storms, and other severe storm
30	events; and the public well-being of its citizens, any person
31	practicing or offering to practice arboriculture in this state
32	as a licensed arborist shall meet the requirements of this
33	chapter.
34	598.003  Definitions.--As used in this chapter:
35	(1)  "Arboriculture" or "arboriculture services" means:
36	(a)  Any service, including, but not limited to, a written
37	or oral report, a recommendation, an opinion, or a consultation
38	done for compensation relating to the improvement of the
39	condition of shade, ornamental, palm, or fruit trees by
40	fertilizing, pruning, trimming, bracing, or other methods of
41	improving, diagnosing, or protecting such trees from tree pests,
42	excluding activities regulated under chapter 482, or diagnosing
43	or protecting such trees from tree diseases and abiotic agents,
44	or curing or repairing any damage to such trees, including, but
45	not limited to, pruning, removal, preservation, repair, cabling
46	and bracing, lightning protection, root pruning, root
47	excavation, tree assessments, tree maintenance and care,
48	trimming, cutting, sawing, or removal of trees that have been
49	damaged to such an extent as to cause or threaten injury to life
50	or property.
51	(b)  A service performed in connection with post-storm
52	cleanup of damage from hurricanes, tropical storms, and other
53	storm events that involves substantial work hours. A post-storm
54	cleanup service includes, but is not limited to, storm damage
55	resulting in downed, damaged, or uprooted trees, or parts of
56	trees, of substantial size and weight in excess of 50 pounds
57	that threaten the structural integrity of residential or
58	commercial structures; involve any type of power lines; impede
59	traffic on streets, driveways, and other vehicular access roads;
60	require extensive use of compression or chain saws; and involve
61	any related skilled service.
62	(2)  "Department" means the Department of Agriculture and
63	Consumer Services.
64	(3)  "Landscape maintenance" means maintenance performed
65	when standing on the ground or when performed on trees less than
66	4 inches in diameter at breast height as defined by the most
67	current edition of the Guide to Plant Appraisal.
68	(4)  "Licensed arborist" means a person who has fulfilled
69	the International Society of Arboriculture requirements for
70	arborist certification or for certification as a Board Certified
71	Master Arborist, whose certification is current, and who meets
72	the requirements of s. 598.006.
73	(5)  "Person" means a person as defined in s. 1.01(3).
74	(6)  "Practice of arboriculture" means the performance of,
75	or offer to perform, an arboriculture service, including, but
76	not limited to, a written or oral report, consultation,
77	investigation, evaluation, or planning, relating to
78	arboriculture, except as specifically exempted by this chapter.
79	A person shall be construed to be engaged in the practice of
80	arboriculture if she or he:
81	(a)  By verbal claim, sign, advertisement, letterhead,
82	card, or any other means represents herself or himself to be an
83	arborist;
84	(b)  Through the use of some title implies that she or he
85	is an arborist licensed under this chapter; or
86	(c)  Holds herself or himself out as able to perform or
87	does perform any arboriculture services or work recognized as an
88	arborist.
89	598.004  Powers and duties of the Department of Agriculture
90	and Consumer Services; rulemaking.--The department shall have
91	all powers and duties necessary to implement the provisions of
92	this chapter, including, but not limited to, the authority to
93	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
94	the following:
95	(1)  Organizational and operational guidance regarding the
96	practice of arboriculture, arborists of record, and the
97	requirements of the law regarding licensed arborists.
98	(2)  Licensure process, including, but not limited to,
99	requirements and procedures for licensure, insurance
100	requirements and standards of the International Society of
101	Arboriculture for licensed arborists, annual license renewal,
102	language relating to licensure that may be used by licensed
103	arborists for public information, duplicate licenses, and
104	inactive and reactivated licenses.
105	(3)  Setting of fees for licensure and annual renewal and
106	other license fees as provided in s. 598.005.
107	(4)  Provision of a roster of licensed arborists.
108	598.005  Fees.--
109	(1)  The department shall by rule set fees as provided in
110	this section. The amount of the fees shall not exceed the cost
111	of the implementing, reviewing, or administrative processing of
112	the particular activity or process. The fees shall be set
113	according to the following schedule:
114	(a)  A nonrefundable licensure fee not to exceed $300.
115	(b)  An annual renewal fee not to exceed $300.
116	(c)  A fee for reactivation of an inactive license not to
117	exceed $100.
118	(2)  Fees collected under this chapter shall be deposited
119	into the Incidental Trust Fund of the Division of Forestry of
120	the department and shall be used to defray expenses in the
121	administration of this chapter.
122	598.006  Licensure procedures and requirements; issuance of
123	licenses.--
124	(1)  Each applicant for licensure shall:
125	(a)  Submit a written request for licensure and remit the
126	nonrefundable fee;
127	(b)  Furnish proof that she or he is at least 18 years of
128	age;
129	(c)  Disclose any act or offense or investigation of such
130	act or offense in any jurisdiction related to the applicant's
131	ability to practice arboriculture;
132	(d)  Submit evidence of current certification by the
133	International Society of Arboriculture as a Certified Arborist
134	or as a Board Certified Master Arborist;
135	(e)  Provide proof of liability, workers' compensation, and
136	errors and omissions insurance; and
137	(f)  Submit a signed statement that the applicant will
138	comply with current industry standards, including, but not
139	limited to, ANSI Z-133-1 and A-300 series and any other related
140	standards of the International Society of Arboriculture and best
141	management practices adopted by rule by the department.
142	(2)  The department, if it has knowledge, shall not issue a
143	license to any applicant who is under investigation in any
144	jurisdiction for an offense related to the practice of
145	arboriculture.
146	(3)  Any person licensed under this section who fails to
147	maintain compliance with subsection (1) shall have her or his
148	license suspended or revoked by the department.
149	(4)  A person may not hold herself or himself out as a
150	licensed Florida arborist unless the person has been issued a
151	license pursuant to this chapter.
152	598.007  Renewal of licenses; notice of address of primary
153	place of business.--
154	(1)  The department shall renew a license upon receipt of
155	satisfactory evidence that the applicant's International Society
156	of Arboriculture certification is current and that the applicant
157	is otherwise in compliance with this chapter and department
158	rules.
159	(2)  The licensed arborist must have on file with the
160	department the address of her or his primary place of practice.
161	Within 30 days after changing the address of her or his primary
162	place of practice, the licensed arborist must notify the
163	department of the address of the new primary place of practice.
164	598.008  Inactive licenses; reactivated licenses; suspended
165	or revoked licenses.--A licensed arborist whose license has
166	become inactive, suspended, or revoked shall have her or his
167	license reactivated only upon written request to the department
168	and approval by the department to reactivate the license.
169	598.009  Lost, destroyed, stolen, or mutilated licenses.--A
170	duplicate license for a licensed arborist may be issued to
171	replace a license that has been lost, destroyed, stolen, or
172	mutilated, subject to rules of the department. Licenses issued
173	under this section shall be marked with the word "DUPLICATE."
174	598.011  Roster of licensed arborists.--The department
175	shall maintain a roster showing the names and places of business
176	of all licensed arborists in the state, based on requests for
177	licensure.
178	Section 2.  The sum of $200,000 is appropriated from the
179	Incidental Trust Fund of the Division of Forestry of the
180	Department of Agriculture and Consumer Services to the
181	Department of Agriculture and Consumer Services for the purpose
182	of carrying out the provisions of this act.
183	Section 3.  This act shall take effect July 1, 2008.

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