HB 1109

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; amending s.
18	604.15, F.S.; revising a definition to make tropical
19	foliage exempt from regulation under provisions relating
20	to dealers in agricultural products; providing an
21	appropriation; providing an effective date.
22
23	Be It Enacted by the Legislature of the State of Florida:
24
25	Section 1.  Chapter 598, Florida Statutes, consisting of
26	sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,
27	598.007, 598.008, 598.009, and 598.011, is created to read:
28	CHAPTER 598
29	ARBORICULTURE
30	598.001  Short title.--This chapter may be cited as the
31	"Florida Arborist Licensing Law."
32	598.002  Purpose.--It is declared to be the public policy
33	of the state that, in order to safeguard life, health, and
34	property; the mitigation of property insurance; the cleanup of
35	damage from hurricanes, tropical storms, and other severe storm
36	events; and the public well-being of its citizens, any person
37	practicing or offering to practice arboriculture in this state
38	as a licensed arborist shall meet the requirements of this
39	chapter.
40	598.003  Definitions.--As used in this chapter:
41	(1)  "Arboriculture" or "arboriculture services" means:
42	(a)  Any tree service, including, but not limited to, a
43	written or oral report, a recommendation, an opinion, or a
44	consultation done for compensation relating to the improvement
45	of the condition of shade, ornamental, palm, or fruit trees by
46	fertilizing, pruning, trimming, bracing, or other methods of
47	improving, diagnosing, or protecting such trees from tree pests,
48	excluding activities regulated under chapter 482 and the
49	activities of a nursery as defined in s. 581.011(20) and (22),
50	or diagnosing or protecting such trees from tree diseases and
51	abiotic agents, or curing or repairing any damage to such trees,
52	including, but not limited to, pruning, removal, preservation,
53	repair, cabling and bracing, lightning protection, root pruning,
54	root excavation, tree assessments, tree maintenance and care,
55	trimming, cutting, sawing, or removal of trees that have been
56	damaged to such an extent as to cause or threaten injury to life
57	or property.
58	(b)  A service performed in connection with post-storm
59	cleanup of damage from hurricanes, tropical storms, and other
60	storm events that involves substantial work hours. A post-storm
61	cleanup service includes, but is not limited to, storm damage
62	resulting in downed, damaged, or uprooted trees, or parts of
63	trees, of substantial size and weight in excess of 50 pounds
64	that threaten the structural integrity of residential or
65	commercial structures; involve any type of power lines; impede
66	traffic on streets, driveways, and other vehicular access roads;
67	require extensive use of compression or chain saws; and involve
68	any related skilled service.
69	(c)  A landscape architect licensed under part II of
70	chapter 481 is authorized to practice arboriculture; however, as
71	provided in s. 598.006(4), only a person licensed under this
72	chapter may hold herself or himself out as a state-licensed
73	arborist.
74	(d)  To prevent injury to life or property after a
75	disaster, state emergency response team members designated under
76	the state comprehensive emergency management plan pursuant to
77	chapter 252 are authorized to provide and conduct charitable
78	arboriculture services and to train volunteers to provide such
79	services; however, as provided in s. 598.006(4), only a person
80	licensed under this chapter may hold herself or himself out as a
81	state-licensed arborist.
82	(2)  "Arborist of record" means a Florida-licensed arborist
83	in good standing who is employed by or contracting with a firm,
84	corporation, partnership, employer, or person; who supervises
85	employees providing arboriculture services; and who issues
86	authorization cards to persons performing services under her or
87	his supervision.
88	(3)  "Department" means the Department of Agriculture and
89	Consumer Services.
90	(4)  "Landscape tree maintenance" means maintenance
91	performed when standing on the ground or when performed on trees
92	less than 4 inches in diameter at breast height as referenced in
93	the Guide to Plant Appraisal.
94	(5)  "Licensed arborist" means a person who has fulfilled
95	the International Society of Arboriculture requirements for
96	arborist certification or for certification as a Board Certified
97	Master Arborist, whose certification is current, and who meets
98	the requirements of s. 598.006.
99	(6)  "Person" means a person as defined in s. 1.01(3).
100	(7)  "Practice of arboriculture" means the performance of,
101	or offer to perform, an arboriculture service, including, but
102	not limited to, a written or oral report, consultation,
103	investigation, evaluation, or planning, relating to
104	arboriculture, excluding landscape tree maintenance as defined
105	in this section and as otherwise excluded by this chapter. A
106	person shall be construed to be engaged in the practice of
107	arboriculture if she or he:
108	(a)  By verbal claim, sign, advertisement, letterhead,
109	card, or any other means represents herself or himself to be an
110	arborist;
111	(b)  Through the use of some title implies that she or he
112	is an arborist licensed under this chapter; or
113	(c)  Holds herself or himself out as able to perform or
114	does perform any arboriculture services or work recognized as an
115	arborist.
116	598.004  Powers and duties of the Department of Agriculture
117	and Consumer Services; rulemaking.--The department shall have
118	all powers and duties necessary to implement the provisions of
119	this chapter, including, but not limited to, the authority to
120	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
121	the following:
122	(1)  Organizational and operational guidance regarding the
123	practice of arboriculture, arborists of record, and the
124	requirements of the law regarding licensed arborists.
125	(2)  Licensure process, including, but not limited to,
126	requirements and procedures for licensure; insurance
127	requirements and standards of the International Society of
128	Arboriculture for licensed arborists; authorization cards;
129	annual license renewal; language relating to licensure that may
130	be used by licensed arborists for public information; duplicate
131	licenses; lost, destroyed, or mutilated licenses; and inactive
132	and reactivated licenses.
133	(3)  Setting of fees for licensure and annual renewal and
134	other license fees as provided in s. 598.005.
135	(4)  Provision of a roster of licensed arborists.
136	598.005  Fees.--
137	(1)  The department shall by rule set fees as provided in
138	this section. The amount of the fees shall not exceed the cost
139	of the implementing, reviewing, or administrative processing of
140	the particular activity or process. Licensure fees are
141	nonrefundable and shall not exceed $300 annually.
142	(2)  Fees collected under this chapter shall be deposited
143	into the Incidental Trust Fund of the Division of Forestry of
144	the department and shall be used to defray expenses in the
145	administration of this chapter.
146	598.006  Licensure procedures and requirements; issuance of
147	licenses.--
148	(1)  Each applicant for licensure shall:
149	(a)  Submit to the department an application for licensure
150	that has been reviewed by the Florida Chapter, Board of
151	Directors, International Society of Arboriculture, Inc., for
152	completeness and compliance with this section, together with the
153	nonrefundable fee set by the department under s. 598.005;
154	(b)  Furnish proof that she or he is at least 18 years of
155	age;
156	(c)  Disclose any information related to the provisions of
157	subsection (2);
158	(d)  Submit evidence of current certification by the
159	International Society of Arboriculture as a Certified Arborist
160	or as a Board Certified Master Arborist;
161	(e)  Provide proof of liability, required workers'
162	compensation, and errors and omissions insurance; however, an
163	applicant employed by a statutorily recognized governmental
164	entity shall not be required to carry errors and omissions
165	insurance or liability insurance if the entity is self-insured.
166	Within 30 days after the termination of the person's employment
167	with the governmental entity, the person shall fully comply with
168	the requirements of this subsection; and
169	(f)  Submit a signed statement that the applicant will
170	comply with arboriculture industry standards, including, but not
171	limited to, the national standards for tree operations and
172	safety approved by the American National Standards Institute,
173	the standards of the International Society of Arboriculture, and
174	best management practices adopted by rule by the department.
175	(2)  The department may deny or refuse to renew the license
176	of any applicant or state-licensed arborist upon a determination
177	that the applicant or state-licensed arborist:
178	(a)  Has failed to meet the requirements for licensure as
179	provided in this chapter;
180	(b)  Has been convicted of a crime involving fraud,
181	dishonest dealing, or any other act of moral turpitude;
182	(c)  Has not satisfied a civil fine or penalty arising out
183	of any administrative or enforcement action brought by any
184	governmental agency or private person based upon conduct
185	involving fraud, dishonest dealing, or any violation of this
186	act;
187	(d)  Has pending against her or him any criminal,
188	administrative, or enforcement proceedings in any jurisdiction,
189	based upon conduct involving fraud, dishonest dealing, or any
190	other act of moral turpitude; or
191	(e)  Has had a judgment entered against her or him in any
192	action brought by the department or the Department of Legal
193	Affairs pursuant to ss. 501.201-501.213 or this chapter.
194	(3)  Any person licensed under this section who fails to
195	maintain compliance with subsection (1) shall have her or his
196	license suspended or revoked by the department.
197	(4)  A person may not hold herself or himself out as a
198	licensed Florida arborist unless the person has been issued a
199	license pursuant to this chapter.
200	(5)  All final arboriculture papers or documents involving
201	the practice of the profession of arboriculture under the
202	supervision of a Florida-licensed arborist of record that have
203	been prepared or approved for use by a firm, corporation,
204	partnership, or person, for delivery to any person for public
205	record within the state, shall be dated and bear the signature
206	and seal of the Florida-licensed arborist of record who
207	prepared, supervised, or approved the documents and who was
208	responsible for the supervision of persons performing
209	arboricultural services.
210	598.007  Renewal of licenses; notice of address of primary
211	place of business.--
212	(1)  The department shall renew a license upon receipt of
213	satisfactory evidence that the applicant's International Society
214	of Arboriculture certification is current and that the applicant
215	is otherwise in compliance with this chapter and department
216	rules.
217	(2)  The licensed arborist must have on file with the
218	department the address of her or his primary place of practice.
219	Within 30 days after changing the address of her or his primary
220	place of practice, the licensed arborist must notify the
221	department of the address of the new primary place of practice.
222	598.008  Inactive licenses; reactivated licenses; suspended
223	or revoked licenses.--A licensed arborist whose license has
224	become inactive, suspended, or revoked shall have her or his
225	license reactivated only upon written request to the department
226	and approval by the department to reactivate the license.
227	598.009  Lost, destroyed, stolen, or mutilated licenses.--A
228	duplicate license for a licensed arborist may be issued to
229	replace a license that has been lost, destroyed, stolen, or
230	mutilated, subject to rules of the department. Licenses issued
231	under this section shall be marked with the word "DUPLICATE."
232	598.011  Roster of licensed arborists.--The department
233	shall maintain a roster showing the names and places of business
234	of all licensed arborists in the state, based on requests for
235	licensure.
236	Section 2.  Subsection (1) of section 604.15, Florida
237	Statutes, is amended to read:
238	604.15  Dealers in agricultural products; definitions.--For
239	the purpose of ss. 604.15-604.34, the following words and terms,
240	when used, shall be construed to mean:
241	(1)  "Agricultural products" means the natural products of
242	the farm, nursery, grove, orchard, vineyard, garden, and apiary
243	(raw or manufactured); sod; tropical foliage; horticulture; hay;
244	livestock; milk and milk products; poultry and poultry products;
245	the fruit of the saw palmetto (meaning the fruit of the Serenoa
246	repens); limes (meaning the fruit Citrus aurantifolia, variety
247	Persian, Tahiti, Bearss, or Florida Key limes); and any other
248	nonexempt agricultural products produced in the state, except
249	tobacco, sugarcane, tropical foliage, timber and timber
250	byproducts, forest products as defined in s. 591.17, and citrus
251	other than limes.
252	Section 3.  There is hereby appropriated to the Department
253	of Agriculture and Consumer Services one position and associated
254	rate and expenses of $72,280 from the Incidental Trust Fund in
255	order to carry out the provisions of section 1 of this act.
256	Section 4.  This act shall take effect July 1, 2009.

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