Florida Senate - 2009 SENATOR AMENDMENT
Bill No. CS/CS/HB 1241, 2nd Eng.
Barcode 280452
LEGISLATIVE ACTION
Senate . House
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Floor: WD/3R .
05/01/2009 12:04 PM .
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Senator Dean moved the following:
1 Senate Amendment (with title amendment)
2
3 Between lines 2567 and 2568
4 insert:
5 Section 76. 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, 598.011, and 598.012, is created to
8 read:
9 CHAPTER 598
10 ARBORICULTURE
11 598.001 Short title.—This chapter may be cited as the
12 “Florida Arborist Licensing Law.”
13 598.002 Purpose.—It is declared to be the public policy of
14 the state that, in order to safeguard life, health, and
15 property; the mitigation of property insurance; the cleanup of
16 damage from hurricanes, tropical storms, and other severe storm
17 events; and the public well-being of its citizens, any person
18 practicing or offering to practice arboriculture in this state
19 as a licensed arborist shall meet the requirements of this
20 chapter.
21 598.003 Definitions.—As used in this chapter:
22 (1) “Arboriculture” or “arboriculture services” means:
23 (a) Any tree service, including, but not limited to, a
24 written or oral report, a recommendation, an opinion, or a
25 consultation done for compensation relating to the improvement
26 of the condition of shade, ornamental, palm, or fruit trees by
27 fertilizing, pruning, trimming, bracing, or other methods of
28 improving, diagnosing, or protecting such trees from tree pests,
29 excluding activities regulated under chapter 482 and the
30 activities of a nursery as defined in s. 581.011(20) and (22),
31 or diagnosing or protecting such trees from tree diseases and
32 abiotic agents, or curing or repairing any damage to such trees,
33 including, but not limited to, pruning, removal, preservation,
34 repair, cabling and bracing, lightning protection, root pruning,
35 root excavation, tree assessments, tree maintenance and care,
36 trimming, cutting, sawing, or removal of trees that have been
37 damaged to such an extent as to cause or threaten injury to life
38 or property.
39 (b) A service performed in connection with post-storm
40 cleanup of damage from hurricanes, tropical storms, and other
41 storm events that involves substantial work hours. A post-storm
42 cleanup service includes, but is not limited to, storm damage
43 resulting in downed, damaged, or uprooted trees, or parts of
44 trees, of substantial size and weight in excess of 50 pounds
45 that threaten the structural integrity of residential or
46 commercial structures; involve any type of power lines; impede
47 traffic on streets, driveways, and other vehicular access roads;
48 require extensive use of compression or chain saws; and involve
49 any related skilled service.
50 (c) This chapter does not:
51 1. Prohibit any person from practicing arboriculture or
52 providing arboriculture services as defined in this chapter if
53 such person does not hold himself or herself out as a state
54 licensed arborist unless he or she is licensed in compliance
55 with this chapter.
56 2. Require any person to be a member of the International
57 Society of Arboriculture in order to be licensed under this
58 chapter.
59 (d) A landscape architect licensed under part II of chapter
60 481 is authorized to practice arboriculture; however, as
61 provided in s. 598.006(4), only a person licensed under this
62 chapter may hold herself or himself out as a state-licensed
63 arborist.
64 (e) To prevent injury to life or property after a disaster,
65 state emergency response team members designated under the state
66 comprehensive emergency management plan pursuant to chapter 252
67 are authorized to provide and conduct charitable arboriculture
68 services and to train volunteers to provide such services;
69 however, as provided in s. 598.006(4), only a person licensed
70 under this chapter may hold herself or himself out as a state
71 licensed arborist.
72 (2) “Arborist of record” means a Florida-licensed arborist
73 in good standing who is employed by or contracting with a firm,
74 corporation, partnership, employer, or person; who supervises
75 employees providing arboriculture services; and who issues
76 authorization cards to persons performing services under her or
77 his supervision.
78 (3) “Department” means the Department of Agriculture and
79 Consumer Services.
80 (4) “Landscape tree maintenance” means maintenance
81 performed when standing on the ground or when performed on trees
82 less than 4 inches in diameter at breast height as referenced in
83 the Guide to Plant Appraisal.
84 (5) “Licensed arborist” means a person who has fulfilled
85 the International Society of Arboriculture requirements for
86 arborist certification or for certification as a Board Certified
87 Master Arborist, whose certification is current, and who meets
88 the requirements of s. 598.006.
89 (6) “Person” means a person as defined in s. 1.01(3).
90 (7) “Practice of arboriculture” means the performance of,
91 or offer to perform, an arboriculture service, including, but
92 not limited to, a written or oral report, consultation,
93 investigation, evaluation, or planning, relating to
94 arboriculture, excluding landscape tree maintenance as defined
95 in this section and as otherwise excluded by this chapter. A
96 person shall be construed to be engaged in the practice of
97 arboriculture if she or he:
98 (a) By verbal claim, sign, advertisement, letterhead, card,
99 or any other means represents herself or himself to be an
100 arborist;
101 (b) Through the use of some title implies that she or he is
102 an arborist licensed under this chapter; or
103 (c) Holds herself or himself out as able to perform or does
104 perform any arboriculture services or work recognized as an
105 arborist.
106 598.004 Powers and duties of the Department of Agriculture
107 and Consumer Services; rulemaking.—The department shall have all
108 powers and duties necessary to implement the provisions of this
109 chapter, including, but not limited to, the authority to adopt
110 rules pursuant to ss. 120.536(1) and 120.54 to implement the
111 following:
112 (1) Organizational and operational guidance regarding the
113 practice of arboriculture, arborists of record, and the
114 requirements of the law regarding licensed arborists.
115 (2) Licensure process, including, but not limited to,
116 requirements and procedures for licensure; insurance
117 requirements and standards of the International Society of
118 Arboriculture for licensed arborists; authorization cards;
119 annual license renewal; language relating to licensure that may
120 be used by licensed arborists for public information; duplicate
121 licenses; lost, destroyed, or mutilated licenses; and inactive
122 and reactivated licenses.
123 (3) Setting of fees for licensure and annual renewal and
124 other license fees as provided in s. 598.005.
125 (4) Provision of a roster of licensed arborists.
126 598.005 Fees.—
127 (1) The department shall by rule set fees as provided in
128 this section. The amount of the fees shall not exceed the cost
129 of the implementing, reviewing, or administrative processing of
130 the particular activity or process. Licensure fees are
131 nonrefundable and shall not exceed $300 annually.
132 (2) Fees collected under this chapter shall be deposited
133 into the Incidental Trust Fund of the Division of Forestry of
134 the department and shall be used to defray expenses in the
135 administration of this chapter.
136 598.006 Licensure procedures and requirements; issuance of
137 licenses.—
138 (1) Each applicant for licensure shall:
139 (a) Submit to the department an application for licensure
140 that has been reviewed by the Florida Chapter, Board of
141 Directors, International Society of Arboriculture, Inc., for
142 completeness and compliance with this section, together with the
143 nonrefundable fee set by the department under s. 598.005;
144 (b) Furnish proof that she or he is at least 18 years of
145 age;
146 (c) Disclose any information related to the provisions of
147 subsection (2);
148 (d) Submit evidence of current certification by the
149 International Society of Arboriculture as a Board Certified
150 Arborist or as a Board Certified Master Arborist;
151 (e) Provide proof of liability, required workers’
152 compensation, and errors and omissions insurance; however, an
153 applicant employed by a statutorily recognized governmental
154 entity shall not be required to carry errors and omissions
155 insurance or liability insurance if the entity is self-insured.
156 Within 30 days after the termination of the person’s employment
157 with the governmental entity, the person shall fully comply with
158 the requirements of this subsection; and
159 (f) Submit a signed statement that the applicant will
160 comply with arboriculture industry standards, including, but not
161 limited to, the national standards for tree operations and
162 safety approved by the American National Standards Institute,
163 the standards of the International Society of Arboriculture, and
164 best management practices adopted by rule by the department.
165 (2) The department may deny or refuse to renew the license
166 of any applicant or state-licensed arborist upon a determination
167 that the applicant or state-licensed arborist:
168 (a) Has failed to meet the requirements for licensure as
169 provided in this chapter;
170 (b) Has been convicted of a crime involving fraud,
171 dishonest dealing, or any other act of moral turpitude;
172 (c) Has not satisfied a civil fine or penalty arising out
173 of any administrative or enforcement action brought by any
174 governmental agency or private person based upon conduct
175 involving fraud, dishonest dealing, or any violation of this
176 act;
177 (d) Has pending against her or him any criminal,
178 administrative, or enforcement proceedings in any jurisdiction,
179 based upon conduct involving fraud, dishonest dealing, or any
180 other act of moral turpitude; or
181 (e) Has had a judgment entered against her or him in any
182 action brought by the department or the Department of Legal
183 Affairs pursuant to ss. 501.201-501.213 or this chapter.
184 (3) Any person licensed under this section who fails to
185 maintain compliance with subsection (1) shall have her or his
186 license suspended or revoked by the department.
187 (4) A person may not hold herself or himself out as a
188 licensed Florida arborist unless the person has been issued a
189 license pursuant to this chapter.
190 (5) All final arboriculture papers or documents involving
191 the practice of the profession of arboriculture under the
192 supervision of a Florida-licensed arborist of record that have
193 been prepared or approved for use by a firm, corporation,
194 partnership, or person, for delivery to any person for public
195 record within the state, shall be dated and bear the signature
196 and seal of the Florida-licensed arborist of record who
197 prepared, supervised, or approved the documents and who was
198 responsible for the supervision of persons performing
199 arboricultural services.
200 598.007 Renewal of licenses; notice of address of primary
201 place of business.—
202 (1) The department shall renew a license upon receipt of
203 satisfactory evidence that the applicant’s International Society
204 of Arboriculture certification is current and that the applicant
205 is otherwise in compliance with this chapter and department
206 rules.
207 (2) The licensed arborist must have on file with the
208 department the address of her or his primary place of practice.
209 Within 30 days after changing the address of her or his primary
210 place of practice, the licensed arborist must notify the
211 department of the address of the new primary place of practice.
212 598.008 Inactive licenses; reactivated licenses; suspended
213 or revoked licenses.—A licensed arborist whose license has
214 become inactive, suspended, or revoked shall have her or his
215 license reactivated only upon written request to the department
216 and approval by the department to reactivate the license.
217 598.009 Lost, destroyed, stolen, or mutilated licenses.—A
218 duplicate license for a licensed arborist may be issued to
219 replace a license that has been lost, destroyed, stolen, or
220 mutilated, subject to rules of the department. Licenses issued
221 under this section shall be marked with the word “DUPLICATE.”
222 598.011 Roster of licensed arborists.—The department shall
223 maintain a roster showing the names and places of business of
224 all licensed arborists in the state, based on requests for
225 licensure.
226 598.012 The department may enforce the provisions of this
227 chapter by the use of notices to desist, appropriate judicial
228 proceedings, or administrative proceedings under chapter 120.
229 Section 77. Subsection (1) of section 604.15, Florida
230 Statutes, is amended to read:
231 604.15 Dealers in agricultural products; definitions.—For
232 the purpose of ss. 604.15-604.34, the following words and terms,
233 when used, shall be construed to mean:
234 (1) “Agricultural products” means the natural products of
235 the farm, nursery, grove, orchard, vineyard, garden, and apiary
236 (raw or manufactured); sod; tropical foliage; horticulture; hay;
237 livestock; milk and milk products; poultry and poultry products;
238 the fruit of the saw palmetto (meaning the fruit of the Serenoa
239 repens); limes (meaning the fruit Citrus aurantifolia, variety
240 Persian, Tahiti, Bearss, or Florida Key limes); and any other
241 nonexempt agricultural products produced in the state, except
242 tobacco, sugarcane, tropical foliage, timber and timber
243 byproducts, forest products as defined in s. 591.17, and citrus
244 other than limes.
245 Section 78. There is hereby appropriated to the Department
246 of Agriculture and Consumer Services one position and associated
247 rate and expenses of $72,280 from the Incidental Trust Fund in
248 order to carry out the provisions of section 1 of this act.
249
250
251 ================= T I T L E A M E N D M E N T ================
252 And the title is amended as follows:
253 Delete line 251
254 and insert:
255 regulations; creating ch. 598, F.S.; providing a short
256 title; providing a purpose statement; providing
257 definitions; providing exceptions; providing powers
258 and duties of the Department of Agriculture and
259 Consumer Services; providing rulemaking authority;
260 establishing a maximum annual fee for licensure;
261 providing for deposit and use of fee proceeds;
262 establishing licensure procedures and requirements to
263 practice arboriculture and provide arboriculture
264 services; providing for issuance of a license;
265 providing grounds for denial of a license or refusal
266 to renew a license; providing for license suspension
267 or revocation; providing for license renewal;
268 providing for reactivation of a license under certain
269 conditions; providing for issuance of a duplicate
270 license under certain circumstances; requiring a
271 roster of licensed arborists; authorizing the
272 department to enforce certain provisions of state law
273 by specified means; amending s. 604.15, F.S.; revising
274 a definition to make tropical foliage exempt from
275 regulation under provisions relating to dealers in
276 agricultural products; providing an appropriation;
277 providing an effective date.