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.” 245 598.011 Roster 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. 249 598.012 The 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.