SB 2656                                          First Engrossed
       
       
       
       
       
       
       
       
       20092656e1
       
    1                        A bill to be entitled                      
    2         An act relating to arboriculture; creating ch. 598,
    3         F.S.; providing a short title; providing a purpose
    4         statement; providing definitions; providing
    5         exceptions; providing powers and duties of the
    6         Department of Agriculture and Consumer Services;
    7         providing rulemaking authority; establishing a maximum
    8         annual fee for licensure; providing for deposit and
    9         use of fee proceeds; establishing licensure procedures
   10         and requirements to practice arboriculture and provide
   11         arboriculture services; providing for issuance of a
   12         license; providing grounds for denial of a license or
   13         refusal to renew a license; providing for license
   14         suspension or revocation; providing for license
   15         renewal; providing for reactivation of a license under
   16         certain conditions; providing for issuance of a
   17         duplicate license under certain circumstances;
   18         requiring a roster of licensed arborists; authorizing
   19         the department to enforce certain provisions of state
   20         law by specified means; amending s. 604.15, F.S.;
   21         revising a definition to make tropical foliage exempt
   22         from regulation under provisions relating to dealers
   23         in agricultural products; providing an appropriation;
   24         providing an effective date.
   25  
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Chapter 598, Florida Statutes, consisting of
   29  sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,
   30  598.007, 598.008, 598.009, 598.011, and 598.012, is created to
   31  read:
   32                             CHAPTER 598                           
   33                            ARBORICULTURE                          
   34         598.001 Short title.—This chapter may be cited as the
   35  “Florida Arborist Licensing Law.”
   36         598.002 Purpose.—It is declared to be the public policy of
   37  the state that, in order to safeguard life, health, and
   38  property; the mitigation of property insurance; the cleanup of
   39  damage from hurricanes, tropical storms, and other severe storm
   40  events; and the public well-being of its citizens, any person
   41  practicing or offering to practice arboriculture in this state
   42  as a licensed arborist shall meet the requirements of this
   43  chapter.
   44         598.003 Definitions.—As used in this chapter:
   45         (1) “Arboriculture” or “arboriculture services” means:
   46         (a) Any tree service, including, but not limited to, a
   47  written or oral report, a recommendation, an opinion, or a
   48  consultation done for compensation relating to the improvement
   49  of the condition of shade, ornamental, palm, or fruit trees by
   50  fertilizing, pruning, trimming, bracing, or other methods of
   51  improving, diagnosing, or protecting such trees from tree pests,
   52  excluding activities regulated under chapter 482 and the
   53  activities of a nursery as defined in s. 581.011(20) and (22),
   54  or diagnosing or protecting such trees from tree diseases and
   55  abiotic agents, or curing or repairing any damage to such trees,
   56  including, but not limited to, pruning, removal, preservation,
   57  repair, cabling and bracing, lightning protection, root pruning,
   58  root excavation, tree assessments, tree maintenance and care,
   59  trimming, cutting, sawing, or removal of trees that have been
   60  damaged to such an extent as to cause or threaten injury to life
   61  or property.
   62         (b) A service performed in connection with post-storm
   63  cleanup of damage from hurricanes, tropical storms, and other
   64  storm events that involves substantial work hours. A post-storm
   65  cleanup service includes, but is not limited to, storm damage
   66  resulting in downed, damaged, or uprooted trees, or parts of
   67  trees, of substantial size and weight in excess of 50 pounds
   68  that threaten the structural integrity of residential or
   69  commercial structures; involve any type of power lines; impede
   70  traffic on streets, driveways, and other vehicular access roads;
   71  require extensive use of compression or chain saws; and involve
   72  any related skilled service.
   73         (c)This chapter does not:
   74         1. Prohibit any person from practicing arboriculture or
   75  providing arboriculture services as defined in this chapter if
   76  such person does not hold himself or herself out as a state
   77  licensed arborist unless he or she is licensed in compliance
   78  with this chapter.
   79         2. Require any person to be a member of the International
   80  Society of Arboriculture in order to be licensed under this
   81  chapter.
   82         (d) A landscape architect licensed under part II of chapter
   83  481 is authorized to practice arboriculture; however, as
   84  provided in s. 598.006(4), only a person licensed under this
   85  chapter may hold herself or himself out as a state-licensed
   86  arborist.
   87         (e) To prevent injury to life or property after a disaster,
   88  state emergency response team members designated under the state
   89  comprehensive emergency management plan pursuant to chapter 252
   90  are authorized to provide and conduct charitable arboriculture
   91  services and to train volunteers to provide such services;
   92  however, as provided in s. 598.006(4), only a person licensed
   93  under this chapter may hold herself or himself out as a state
   94  licensed arborist.
   95         (2) “Arborist of record” means a Florida-licensed arborist
   96  in good standing who is employed by or contracting with a firm,
   97  corporation, partnership, employer, or person; who supervises
   98  employees providing arboriculture services; and who issues
   99  authorization cards to persons performing services under her or
  100  his supervision.
  101         (3) “Department” means the Department of Agriculture and
  102  Consumer Services.
  103         (4) “Landscape tree maintenance” means maintenance
  104  performed when standing on the ground or when performed on trees
  105  less than 4 inches in diameter at breast height as referenced in
  106  the Guide to Plant Appraisal.
  107         (5) “Licensed arborist” means a person who has fulfilled
  108  the International Society of Arboriculture requirements for
  109  arborist certification or for certification as a Board Certified
  110  Master Arborist, whose certification is current, and who meets
  111  the requirements of s. 598.006.
  112         (6) “Person” means a person as defined in s. 1.01(3).
  113         (7) “Practice of arboriculture” means the performance of,
  114  or offer to perform, an arboriculture service, including, but
  115  not limited to, a written or oral report, consultation,
  116  investigation, evaluation, or planning, relating to
  117  arboriculture, excluding landscape tree maintenance as defined
  118  in this section and as otherwise excluded by this chapter. A
  119  person shall be construed to be engaged in the practice of
  120  arboriculture if she or he:
  121         (a) By verbal claim, sign, advertisement, letterhead, card,
  122  or any other means represents herself or himself to be an
  123  arborist;
  124         (b) Through the use of some title implies that she or he is
  125  an arborist licensed under this chapter; or
  126         (c) Holds herself or himself out as able to perform or does
  127  perform any arboriculture services or work recognized as an
  128  arborist.
  129         598.004 Powers and duties of the Department of Agriculture
  130  and Consumer Services; rulemaking.—The department shall have all
  131  powers and duties necessary to implement the provisions of this
  132  chapter, including, but not limited to, the authority to adopt
  133  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  134  following:
  135         (1) Organizational and operational guidance regarding the
  136  practice of arboriculture, arborists of record, and the
  137  requirements of the law regarding licensed arborists.
  138         (2) Licensure process, including, but not limited to,
  139  requirements and procedures for licensure; insurance
  140  requirements and standards of the International Society of
  141  Arboriculture for licensed arborists; authorization cards;
  142  annual license renewal; language relating to licensure that may
  143  be used by licensed arborists for public information; duplicate
  144  licenses; lost, destroyed, or mutilated licenses; and inactive
  145  and reactivated licenses.
  146         (3) Setting of fees for licensure and annual renewal and
  147  other license fees as provided in s. 598.005.
  148         (4) Provision of a roster of licensed arborists.
  149         598.005 Fees.—
  150         (1) The department shall by rule set fees as provided in
  151  this section. The amount of the fees shall not exceed the cost
  152  of the implementing, reviewing, or administrative processing of
  153  the particular activity or process. Licensure fees are
  154  nonrefundable and shall not exceed $300 annually.
  155         (2) Fees collected under this chapter shall be deposited
  156  into the Incidental Trust Fund of the Division of Forestry of
  157  the department and shall be used to defray expenses in the
  158  administration of this chapter.
  159         598.006 Licensure procedures and requirements; issuance of
  160  licenses.—
  161         (1) Each applicant for licensure shall:
  162         (a) Submit to the department an application for licensure
  163  that has been reviewed by the Florida Chapter, Board of
  164  Directors, International Society of Arboriculture, Inc., for
  165  completeness and compliance with this section, together with the
  166  nonrefundable fee set by the department under s. 598.005;
  167         (b) Furnish proof that she or he is at least 18 years of
  168  age;
  169         (c) Disclose any information related to the provisions of
  170  subsection (2);
  171         (d)Submit evidence of current certification by the
  172  International Society of Arboriculture as a Board Certified
  173  Arborist or as a Board Certified Master Arborist;
  174         (e) Provide proof of liability, required workers’
  175  compensation, and errors and omissions insurance; however, an
  176  applicant employed by a statutorily recognized governmental
  177  entity shall not be required to carry errors and omissions
  178  insurance or liability insurance if the entity is self-insured.
  179  Within 30 days after the termination of the person’s employment
  180  with the governmental entity, the person shall fully comply with
  181  the requirements of this subsection; and
  182         (f) Submit a signed statement that the applicant will
  183  comply with arboriculture industry standards, including, but not
  184  limited to, the national standards for tree operations and
  185  safety approved by the American National Standards Institute,
  186  the standards of the International Society of Arboriculture, and
  187  best management practices adopted by rule by the department.
  188         (2) The department may deny or refuse to renew the license
  189  of any applicant or state-licensed arborist upon a determination
  190  that the applicant or state-licensed arborist:
  191         (a) Has failed to meet the requirements for licensure as
  192  provided in this chapter;
  193         (b) Has been convicted of a crime involving fraud,
  194  dishonest dealing, or any other act of moral turpitude;
  195         (c) Has not satisfied a civil fine or penalty arising out
  196  of any administrative or enforcement action brought by any
  197  governmental agency or private person based upon conduct
  198  involving fraud, dishonest dealing, or any violation of this
  199  act;
  200         (d) Has pending against her or him any criminal,
  201  administrative, or enforcement proceedings in any jurisdiction,
  202  based upon conduct involving fraud, dishonest dealing, or any
  203  other act of moral turpitude; or
  204         (e) Has had a judgment entered against her or him in any
  205  action brought by the department or the Department of Legal
  206  Affairs pursuant to ss. 501.201-501.213 or this chapter.
  207         (3) Any person licensed under this section who fails to
  208  maintain compliance with subsection (1) shall have her or his
  209  license suspended or revoked by the department.
  210         (4) A person may not hold herself or himself out as a
  211  licensed Florida arborist unless the person has been issued a
  212  license pursuant to this chapter.
  213         (5) All final arboriculture papers or documents involving
  214  the practice of the profession of arboriculture under the
  215  supervision of a Florida-licensed arborist of record that have
  216  been prepared or approved for use by a firm, corporation,
  217  partnership, or person, for delivery to any person for public
  218  record within the state, shall be dated and bear the signature
  219  and seal of the Florida-licensed arborist of record who
  220  prepared, supervised, or approved the documents and who was
  221  responsible for the supervision of persons performing
  222  arboricultural services.
  223         598.007 Renewal of licenses; notice of address of primary
  224  place of business.—
  225         (1) The department shall renew a license upon receipt of
  226  satisfactory evidence that the applicant’s International Society
  227  of Arboriculture certification is current and that the applicant
  228  is otherwise in compliance with this chapter and department
  229  rules.
  230         (2) The licensed arborist must have on file with the
  231  department the address of her or his primary place of practice.
  232  Within 30 days after changing the address of her or his primary
  233  place of practice, the licensed arborist must notify the
  234  department of the address of the new primary place of practice.
  235         598.008 Inactive licenses; reactivated licenses; suspended
  236  or revoked licenses.—A licensed arborist whose license has
  237  become inactive, suspended, or revoked shall have her or his
  238  license reactivated only upon written request to the department
  239  and approval by the department to reactivate the license.
  240         598.009 Lost, destroyed, stolen, or mutilated licenses.—A
  241  duplicate license for a licensed arborist may be issued to
  242  replace a license that has been lost, destroyed, stolen, or
  243  mutilated, subject to rules of the department. Licenses issued
  244  under this section shall be marked with the word “DUPLICATE.”
  245         598.011Roster of licensed arborists.—The department shall
  246  maintain a roster showing the names and places of business of
  247  all licensed arborists in the state, based on requests for
  248  licensure.
  249         598.012The department may enforce the provisions of this
  250  chapter by the use of notices to desist, appropriate judicial
  251  proceedings, or administrative proceedings under chapter 120.
  252         Section 2. Subsection (1) of section 604.15, Florida
  253  Statutes, is amended to read:
  254         604.15 Dealers in agricultural products; definitions.—For
  255  the purpose of ss. 604.15-604.34, the following words and terms,
  256  when used, shall be construed to mean:
  257         (1) “Agricultural products” means the natural products of
  258  the farm, nursery, grove, orchard, vineyard, garden, and apiary
  259  (raw or manufactured); sod; tropical foliage; horticulture; hay;
  260  livestock; milk and milk products; poultry and poultry products;
  261  the fruit of the saw palmetto (meaning the fruit of the Serenoa
  262  repens); limes (meaning the fruit Citrus aurantifolia, variety
  263  Persian, Tahiti, Bearss, or Florida Key limes); and any other
  264  nonexempt agricultural products produced in the state, except
  265  tobacco, sugarcane, tropical foliage, timber and timber
  266  byproducts, forest products as defined in s. 591.17, and citrus
  267  other than limes.
  268         Section 3. There is hereby appropriated to the Department
  269  of Agriculture and Consumer Services one position and associated
  270  rate and expenses of $72,280 from the Incidental Trust Fund in
  271  order to carry out the provisions of section 1 of this act.
  272         Section 4. This act shall take effect July 1, 2009.