Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. SB 2656, 1st Eng.
       
       
       
       
       
       
                                Barcode 248342                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/3R         .                                
             05/01/2009 12:00 PM       .                                
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 27 and 28
    4  insert:
    5         Section 1. Subsections (5) and (7) of section 482.021,
    6  Florida Statutes, are amended to read:
    7         482.021 Definitions.—For the purposes of this chapter, and
    8  unless otherwise required by the context, the term:
    9         (5) “Certified operator in charge” means a certified
   10  operator:
   11         (a) Whose primary occupation is the pest control business;
   12         (b) Who is employed full time by a licensee; and
   13         (c) Whose principal duty is the personal supervision of the
   14  licensee’s operation in a category or categories of pest control
   15  in which the operator is certified.
   16         (7) “Employee” means a person who is employed by a licensee
   17  that provides that person with necessary training, supervision,
   18  pesticides, equipment, and insurance and who receives
   19  compensation from and is under the personal supervision and
   20  direct control of the licensee’s certified operator in charge
   21  and from whose compensation the licensee regularly deducts and
   22  matches federal insurance contributions and federal income and
   23  Social Security taxes.
   24         Section 2. Subsection (3) of section 482.051, Florida
   25  Statutes, is amended to read:
   26         482.051 Rules.—The department has authority to adopt rules
   27  pursuant to ss. 120.536(1) and 120.54 to implement the
   28  provisions of this chapter. Prior to proposing the adoption of a
   29  rule, the department shall counsel with members of the pest
   30  control industry concerning the proposed rule. The department
   31  shall adopt rules for the protection of the health, safety, and
   32  welfare of pest control employees and the general public which
   33  require:
   34         (3) That written contracts be required for providing
   35  termites and other wood-destroying organisms pest control, that
   36  provisions necessary to assure consumer protection as specified
   37  by the department be included in such contracts, that licensees
   38  perform an inspection before issuing a contract on an existing
   39  structure, and that require licensees to comply with the
   40  contracts issued.
   41         Section 3. Subsection (4) of section 482.071, Florida
   42  Statutes, is amended to read:
   43         482.071 Licenses.—
   44         (4) A licensee may not operate a pest control business
   45  without carrying the required insurance coverage. Each person
   46  making application for a pest control business license or
   47  renewal thereof must furnish to the department a certificate of
   48  insurance that meets the requirements for minimum financial
   49  responsibility for bodily injury and property damage consisting
   50  of:
   51         (a) Bodily injury: $250,000 $100,000 each person and
   52  $500,000 $300,000 each occurrence; and property damage: $250,000
   53  $50,000 each occurrence and $500,000 $100,000 in the aggregate;
   54  or
   55         (b) Combined single-limit coverage: $500,000 $400,000 in
   56  the aggregate.
   57         Section 4. Section 482.072, Florida Statutes, is created to
   58  read:
   59         482.072Pest control service centers.—
   60         (1)The department may issue a license to a qualified
   61  business to operate a pest control service center, to solicit
   62  pest control business, or to provide services to customers for
   63  one or more business locations licensed under s. 482.071. A
   64  person may not operate a centralized service center for a pest
   65  control business that is not licensed by the department.
   66         (2)(a)Before operating a pest control service center, and
   67  biennially thereafter, on or before an anniversary date set by
   68  the department for the licensed pest control service center
   69  location, the pest control business must apply to the department
   70  for a license under this chapter, or a renewal thereof, for each
   71  pest control service center location. An application must be
   72  submitted in the format prescribed by the department.
   73         (b)The department shall establish a fee for the issuance
   74  of a pest control service center license of at least $500, but
   75  not more than $1,000, and a fee for the renewal of a license of
   76  at least $500, but not more than $1,000; however, until rules
   77  setting the fees are adopted by the department, the initial
   78  license and renewal fees are each set at $500. The department
   79  shall establish a grace period, not to exceed 30 calendar days
   80  after a license’s anniversary renewal date. The department shall
   81  assess a late renewal fee of $150, in addition to the renewal
   82  fee, to a business that renews its license after the grace
   83  period.
   84         (c)A license automatically expires 60 calendar days after
   85  the anniversary renewal date unless the license is renewed
   86  before that date. Once a license expires, it may be reinstated
   87  only upon reapplication and payment of the license fee and late
   88  renewal fee.
   89         (d)A license automatically expires when a licensee changes
   90  its pest control service center business location address. The
   91  department shall issue a new license upon payment of a $250 fee.
   92  The new license automatically expires 60 calendar days after the
   93  anniversary renewal date of the former license unless the
   94  license is renewed before that date.
   95         (e)The department may not issue or renew a license to
   96  operate a centralized pest control service center unless the
   97  pest control business licensees for whom the centralized service
   98  center solicits business have one or more common owners.
   99         (f)The department may deny the issuance of a pest control
  100  service center license, or refuse to renew a license, if the
  101  department finds that the applicant or licensee, or any of its
  102  directors, officers, owners, or general partners, are or were
  103  directors, officers, owners, or general partners of a pest
  104  control business described in s. 482.071(2)(g) or violated a
  105  rule adopted under s. 482.071(2)(f).
  106         (g)Section 482.091 does not apply to a person who solicits
  107  pest control services or provides customer service in a licensed
  108  pest control service center unless the person performs the pest
  109  control work described in s. 482.021(21)(a)-(d), executes a pest
  110  control contract, or accepts remuneration for such work.
  111         (3)(a)The department shall adopt rules establishing
  112  requirements and procedures for recordkeeping and monitoring of
  113  pest control service center operations to ensure compliance with
  114  this chapter and rules adopted under this chapter.
  115         (b)Notwithstanding s. 482.163, whether an employee acts
  116  outside of the course and scope of his or her employment or
  117  whether the employee disobeys employer policies:
  118         1.A pest control service center licensee may be subject to
  119  disciplinary action under s. 482.161 for a violation of this
  120  chapter or a rule adopted under this chapter committed by an
  121  employee of the service center.
  122         2.A pest control business licensee may be subject to
  123  disciplinary action under s. 482.161 for a violation committed
  124  by an employee of the service center if the business licensee
  125  benefits from the violation.
  126         Section 5. Section 482.152, Florida Statutes, is amended to
  127  read:
  128         482.152 Duties of certified operator in charge of pest
  129  control activities of licensee.—A certified operator in charge
  130  of the pest control activities of a licensee shall have her or
  131  his primary occupation with the licensee and shall be a full
  132  time employee of the licensee. The, and her or his principal
  133  duties of the certified operator in charge duty shall include:
  134         (1)The Responsibility for the personal supervision of, and
  135  participation in, the pest control activities of at the business
  136  location of the licensee. This chapter does not prevent a
  137  certified operator in charge from performing duties at other
  138  business locations owned by the licensee if:
  139         (a)The certified operator in charge performs her or his
  140  duties as provided in this section for the business location of
  141  the licensee.
  142         (b)The certified operator in charge is a full-time
  143  employee of the licensee.
  144         (c)The primary occupation of the certified operator in
  145  charge is the pest control business. as the same relate to:
  146         (2)(1)The Selection of proper and correct chemicals for
  147  the particular pest control work performed.
  148         (3)(2)The Safe and proper use of the pesticides used.
  149         (4)(3)The Correct concentration and formulation of
  150  pesticides used in all pest control work performed.
  151         (5)(4)The Training of personnel in the proper and
  152  acceptable methods of pest control.
  153         (6)(5)The Control measures and procedures used.
  154         (7)(6)The Notification of the department of any accidental
  155  human poisoning or death connected with pest control work
  156  performed on a job she or he is supervising, within 24 hours
  157  after she or he has knowledge of the poisoning or death.
  158         Section 6. Section 482.157, Florida Statutes, is created to
  159  read:
  160         482.157Limited certification for commercial wildlife
  161  management personnel.—
  162         (1)The department shall establish a limited certification
  163  category for individual commercial wildlife management personnel
  164  which authorizes the personnel to use nonchemical methods for
  165  controlling pest birds or rodents, including, but not limited
  166  to, the use of traps, glue boards, mechanical or electronic
  167  devices, or exclusionary techniques.
  168         (2)A person seeking limited certification under this
  169  section must pass an examination administered by the department.
  170  An application for examination must be accompanied by an
  171  examination fee set by rule of the department of at least $150
  172  but not to exceed $300. The department shall provide the
  173  appropriate reference materials for the examination and make the
  174  examination readily available to applicants at least quarterly
  175  or as often as necessary in each county. Before the department
  176  issues a limited certification under this section, the person
  177  applying for certification must furnish proof that he or she
  178  holds a certificate of insurance stating that his or her
  179  employer meets the requirements for minimum financial
  180  responsibility in s. 482.071(4).
  181         (3)An application for recertification under this section
  182  must be submitted biennially and must be accompanied by a
  183  recertification fee set by rule of the department of at least
  184  $150 but not to exceed $300. The application must also be
  185  accompanied by proof that:
  186         (a)The applicant completed 4 classroom hours of acceptable
  187  continuing education.
  188         (b)The applicant holds a certificate of insurance stating
  189  that his or her employer meets the requirements for minimum
  190  financial responsibility in s. 482.071(4).
  191         (4)The department shall establish a grace period, not to
  192  exceed 30 calendar days after a biennial date established by the
  193  department on which recertification is due. The department shall
  194  assess a late charge of $50, in addition to the recertification
  195  fee, to commercial wildlife management personnel who are
  196  recertified after the grace period.
  197         (5)A limited certification automatically expires 180
  198  calendar days after the biennial date on which recertification
  199  is due unless the commercial wildlife personnel are recertified
  200  before the certification expires. Once a certification expires,
  201  certification may be issued only upon successful reexamination
  202  and payment of the examination fees.
  203         (6)Certification under this section does not authorize:
  204         (a)Use of any pesticide or chemical substance, other than
  205  adhesive materials, to control pest birds, rodents, or other
  206  nuisance wildlife in, on, or under a structure.
  207         (b)Operation of a pest control business.
  208         (c)Supervision of a certified person.
  209         Section 7. Subsection (6) of section 482.226, Florida
  210  Statutes, is amended to read:
  211         482.226 Wood-destroying organism inspection report; notice
  212  of inspection or treatment; financial responsibility.—
  213         (6) Any licensee that performs wood-destroying organism
  214  inspections in accordance with subsection (1) must meet minimum
  215  financial responsibility in the form of errors and omissions
  216  (professional liability) insurance coverage or bond in an amount
  217  no less than $250,000 $50,000 in the aggregate and $25,000 per
  218  occurrence, or demonstrate that the licensee has equity or net
  219  worth of no less than $500,000 $100,000 as determined by
  220  generally accepted accounting principles substantiated by a
  221  certified public accountant’s review or certified audit. The
  222  licensee must show proof of meeting this requirement at the time
  223  of license application or renewal thereof.
  224  
  225  
  226  ================= T I T L E  A M E N D M E N T ================
  227         And the title is amended as follows:
  228         Delete line 2
  229  and insert:
  230         An act relating to arboriculture; amending s. 482.021,
  231         F.S.; revising terminology to modify requirements for
  232         supervision provided by certified operators in charge
  233         of pest control businesses; amending s. 482.051, F.S.;
  234         requiring pest control licensees to perform
  235         inspections before issuing certain contracts; amending
  236         s. 482.071, F.S.; increasing the financial
  237         responsibility requirements for pest control
  238         licensees; creating s. 482.072, F.S.; requiring pest
  239         control service center licenses; providing license
  240         application requirements and procedures; providing for
  241         expiration and renewal of licenses; establishing
  242         license fees; exempting pest control service center
  243         employees from identification card requirements except
  244         under certain circumstances; requiring recordkeeping
  245         and monitoring of service center operations;
  246         authorizing disciplinary action against pest control
  247         licensees for violations committed by service center
  248         employees; amending s. 482.152, F.S.; revising duties
  249         and supervisory requirements of certified operators in
  250         charge of pest control businesses; creating s.
  251         482.157, F.S.; providing for pest control
  252         certification of commercial wildlife management
  253         personnel; providing application procedures and
  254         requirements; requiring a certification examination;
  255         establishing certification fees; amending s. 482.226,
  256         F.S.; increasing the financial responsibility
  257         requirements for certain pest control licensees;
  258         creating ch. 598,