CS/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 exceptions; providing
5	powers and duties of the Department of Agriculture and
6	Consumer Services; providing rulemaking authority;
7	establishing a maximum annual fee for licensure; providing
8	for deposit and use of fee proceeds; establishing
9	licensure procedures and requirements to practice
10	arboriculture and provide arboriculture services;
11	providing for issuance of a license; providing grounds for
12	denial of a license or refusal to renew a license;
13	providing for license suspension or revocation; providing
14	for license renewal; providing for reactivation of a
15	license under certain conditions; providing for issuance
16	of a duplicate license under certain circumstances;
17	requiring a roster of licensed arborists; providing an
18	appropriation; amending s. 604.15, F.S.; revising a
19	definition to make tropical foliage exempt from regulation
20	under provisions relating to dealers in agricultural
21	products; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24	Section 1.  Chapter 598, Florida Statutes, consisting of
25	sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,
26	598.007, 598.008, 598.009, and 598.011, is created to read:
27	CHAPTER 598
28	ARBORICULTURE
29	598.001  Short title.--This chapter may be cited as the
30	"Florida Arborist Licensing Law."
31	598.002  Purpose.--It is declared to be the public policy
32	of the state that, in order to safeguard life, health, and
33	property; the mitigation of property insurance; the cleanup of
34	damage from hurricanes, tropical storms, and other severe storm
35	events; and the public well-being of its citizens, any person
36	practicing or offering to practice arboriculture in this state
37	as a licensed arborist shall meet the requirements of this
38	chapter.
39	598.003  Definitions.--As used in this chapter:
40	(1)  "Arboriculture" or "arboriculture services" means:
41	(a)  Any tree service, including, but not limited to, a
42	written or oral report, a recommendation, an opinion, or a
43	consultation done for compensation relating to the improvement
44	of the condition of shade, ornamental, palm, or fruit trees by
45	fertilizing, pruning, trimming, bracing, or other methods of
46	improving, diagnosing, or protecting such trees from tree pests,
47	excluding activities regulated under chapter 482 and the
48	activities of a nursery as defined in s. 581.011(20) and (22),
49	or diagnosing or protecting such trees from tree diseases and
50	abiotic agents, or curing or repairing any damage to such trees,
51	including, but not limited to, pruning, removal, preservation,
52	repair, cabling and bracing, lightning protection, root pruning,
53	root excavation, tree assessments, tree maintenance and care,
54	trimming, cutting, sawing, or removal of trees that have been
55	damaged to such an extent as to cause or threaten injury to life
56	or property.
57	(b)  A service performed in connection with post-storm
58	cleanup of damage from hurricanes, tropical storms, and other
59	storm events that involves substantial work hours. A post-storm
60	cleanup service includes, but is not limited to, storm damage
61	resulting in downed, damaged, or uprooted trees, or parts of
62	trees, of substantial size and weight in excess of 50 pounds
63	that threaten the structural integrity of residential or
64	commercial structures; involve any type of power lines; impede
65	traffic on streets, driveways, and other vehicular access roads;
66	require extensive use of compression or chain saws; and involve
67	any related skilled service.
68	(c)  A landscape architect licensed under part II of
69	chapter 481 is authorized to practice arboriculture; however, as
70	provided in s. 598.006(4), only a person licensed under this
71	chapter may hold herself or himself out as a state-licensed
72	arborist.
73	(d)  To prevent injury to life or property after a
74	disaster, state emergency response team members designated under
75	the state comprehensive emergency management plan pursuant to
76	chapter 252 are authorized to provide and conduct charitable
77	arboriculture services and to train volunteers to provide such
78	services; however, as provided in s. 598.006(4), only a person
79	licensed under this chapter may hold herself or himself out as a
80	state-licensed arborist.
81	(2)  "Arborist of record" means a Florida-licensed arborist
82	in good standing who is employed by or contracting with a firm,
83	corporation, partnership, employer, or person; who supervises
84	employees providing arboriculture services; and who issues
85	authorization cards to persons performing services under her or
86	his supervision.
87	(3)  "Department" means the Department of Agriculture and
88	Consumer Services.
89	(4)  "Landscape tree maintenance" means maintenance
90	performed when standing on the ground or when performed on trees
91	less than 4 inches in diameter at breast height as referenced in
92	the Guide to Plant Appraisal.
93	(5)  "Licensed arborist" means a person who has fulfilled
94	the International Society of Arboriculture requirements for
95	arborist certification or for certification as a Board Certified
96	Master Arborist, whose certification is current, and who meets
97	the requirements of s. 598.006.
98	(6)  "Person" means a person as defined in s. 1.01(3).
99	(7)  "Practice of arboriculture" means the performance of,
100	or offer to perform, an arboriculture service, including, but
101	not limited to, a written or oral report, consultation,
102	investigation, evaluation, or planning, relating to
103	arboriculture, excluding landscape tree maintenance as defined
104	in this section and as otherwise excluded by this chapter. A
105	person shall be construed to be engaged in the practice of
106	arboriculture if she or he:
107	(a)  By verbal claim, sign, advertisement, letterhead,
108	card, or any other means represents herself or himself to be an
109	arborist;
110	(b)  Through the use of some title implies that she or he
111	is an arborist licensed under this chapter; or
112	(c)  Holds herself or himself out as able to perform or
113	does perform any arboriculture services or work recognized as an
114	arborist.
115	598.004  Powers and duties of the Department of Agriculture
116	and Consumer Services; rulemaking.--The department shall have
117	all powers and duties necessary to implement the provisions of
118	this chapter, including, but not limited to, the authority to
119	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
120	the following:
121	(1)  Organizational and operational guidance regarding the
122	practice of arboriculture, arborists of record, and the
123	requirements of the law regarding licensed arborists.
124	(2)  Licensure process, including, but not limited to,
125	requirements and procedures for licensure; insurance
126	requirements and standards of the International Society of
127	Arboriculture for licensed arborists; authorization cards;
128	annual license renewal; language relating to licensure that may
129	be used by licensed arborists for public information; duplicate
130	licenses; lost, destroyed, or mutilated licenses; and inactive
131	and reactivated licenses.
132	(3)  Setting of fees for licensure and annual renewal and
133	other license fees as provided in s. 598.005.
134	(4)  Provision of a roster of licensed arborists.
135	598.005  Fees.--
136	(1)  The department shall by rule set fees as provided in
137	this section. The amount of the fees shall not exceed the cost
138	of the implementing, reviewing, or administrative processing of
139	the particular activity or process. Licensure fees shall not
140	exceed $300 annually.
141	(2)  Fees collected under this chapter shall be deposited
142	into the Incidental Trust Fund of the Division of Forestry of
143	the department and shall be used to defray expenses in the
144	administration of this chapter.
145	598.006  Licensure procedures and requirements; issuance of
146	licenses.--
147	(1)  Each applicant for licensure shall:
148	(a)  Submit to the department an application for licensure
149	that has been reviewed by the Florida Chapter, Board of
150	Directors, International Society of Arboriculture, Inc., for
151	completeness and compliance with this section, together with the
152	nonrefundable fee;
153	(b)  Furnish proof that she or he is at least 18 years of
154	age;
155	(c)  Disclose any information related to the provisions of
156	subsection (2);
157	(d)  Submit evidence of current certification by the
158	International Society of Arboriculture as a Certified Arborist
159	or as a Board Certified Master Arborist;
160	(e)  Provide proof of liability, required workers'
161	compensation, and errors and omissions insurance; however, an
162	applicant employed by a statutorily recognized governmental
163	entity shall not be required to carry errors and omissions
164	insurance or liability insurance if the entity is self-insured.
165	Within 30 days after the termination of the person's employment
166	with the governmental entity, the person shall fully comply with
167	the requirements of this subsection; and
168	(f)  Submit a signed statement that the applicant will
169	comply with arboriculture industry standards, including, but not
170	limited to, the national standards for tree operations and
171	safety approved by the American National Standards Institute,
172	the standards of the International Society of Arboriculture, and
173	best management practices adopted by rule by the department.
174	(2)  The department may deny or refuse to renew the license
175	of any applicant or state-licensed arborist upon a determination
176	that the applicant or state-licensed arborist:
177	(a)  Has failed to meet the requirements for licensure as
178	provided in this chapter;
179	(b)  Has been convicted of a crime involving fraud,
180	dishonest dealing, or any other act of moral turpitude;
181	(c)  Has not satisfied a civil fine or penalty arising out
182	of any administrative or enforcement action brought by any
183	governmental agency or private person based upon conduct
184	involving fraud, dishonest dealing, or any violation of this
185	act;
186	(d)  Has pending against her or him any criminal,
187	administrative, or enforcement proceedings in any jurisdiction,
188	based upon conduct involving fraud, dishonest dealing, or any
189	other act of moral turpitude; or
190	(e)  Has had a judgment entered against her or him in any
191	action brought by the department or the Department of Legal
192	Affairs pursuant to ss. 501.201-501.213 or this chapter.
193	(3)  Any person licensed under this section who fails to
194	maintain compliance with subsection (1) shall have her or his
195	license suspended or revoked by the department.
196	(4)  A person may not hold herself or himself out as a
197	licensed Florida arborist unless the person has been issued a
198	license pursuant to this chapter.
199	(5)  All final arboriculture papers or documents involving
200	the practice of the profession of arboriculture under the
201	supervision of a Florida-licensed arborist of record that have
202	been prepared or approved for use by a firm, corporation,
203	partnership, or person, for delivery to any person for public
204	record within the state, shall be dated and bear the signature
205	and seal of the Florida-licensed arborist of record who
206	prepared, supervised, or approved the documents and who was
207	responsible for the supervision of persons performing
208	arboricultural services.
209	598.007  Renewal of licenses; notice of address of primary
210	place of business.--
211	(1)  The department shall renew a license upon receipt of
212	satisfactory evidence that the applicant's International Society
213	of Arboriculture certification is current and that the applicant
214	is otherwise in compliance with this chapter and department
215	rules.
216	(2)  The licensed arborist must have on file with the
217	department the address of her or his primary place of practice.
218	Within 30 days after changing the address of her or his primary
219	place of practice, the licensed arborist must notify the
220	department of the address of the new primary place of practice.
221	598.008  Inactive licenses; reactivated licenses; suspended
222	or revoked licenses.--A licensed arborist whose license has
223	become inactive, suspended, or revoked shall have her or his
224	license reactivated only upon written request to the department
225	and approval by the department to reactivate the license.
226	598.009  Lost, destroyed, stolen, or mutilated licenses.--A
227	duplicate license for a licensed arborist may be issued to
228	replace a license that has been lost, destroyed, stolen, or
229	mutilated, subject to rules of the department. Licenses issued
230	under this section shall be marked with the word "DUPLICATE."
231	598.011  Roster of licensed arborists.--The department
232	shall maintain a roster showing the names and places of business
233	of all licensed arborists in the state, based on requests for
234	licensure.
235	Section 2.  There is hereby appropriated to the Department
236	of Agriculture and Consumer Services one position and associated
237	rate and expenses of $72,280 from the Incidental Trust Fund in
238	order to carry out the provisions of section 1 of this act.
239	Section 3.  Subsection (1) of section 604.15, Florida
240	Statutes, is amended to read:
241	604.15  Dealers in agricultural products; definitions.--For
242	the purpose of ss. 604.15-604.34, the following words and terms,
243	when used, shall be construed to mean:
244	(1)  "Agricultural products" means the natural products of
245	the farm, nursery, grove, orchard, vineyard, garden, and apiary
246	(raw or manufactured); sod; tropical foliage; horticulture; hay;
247	livestock; milk and milk products; poultry and poultry products;
248	the fruit of the saw palmetto (meaning the fruit of the Serenoa
249	repens); limes (meaning the fruit Citrus aurantifolia, variety
250	Persian, Tahiti, Bearss, or Florida Key limes); and any other
251	nonexempt agricultural products produced in the state, except
252	tobacco, sugarcane, tropical foliage, timber and timber
253	byproducts, forest products as defined in s. 591.17, and citrus
254	other than limes.
255	Section 4.  This act shall take effect July 1, 2008.

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