Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 868
       
       
       
       
       
       
                                Barcode 146326                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2009           .                                
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       The Committee on Regulated Industries (Dean) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 275 - 343
    4  and insert:
    5  
    6         Section 4. Section 482.072, Florida Statutes, is created to
    7  read:
    8         482.072 Pest control service centers.—
    9         (1) The department may issue a license to a qualified
   10  business to operate a pest control service center, to solicit
   11  pest control business, or to provide services to customers for
   12  one or more business locations licensed under s. 482.071. A
   13  person may not operate a centralized service center for a pest
   14  control business that is not licensed by the department.
   15         (2)(a) Before operating a pest control service center, and
   16  biennially thereafter, on or before an anniversary date set by
   17  the department for the licensed pest control service center
   18  location, the pest control business must apply to the department
   19  for a license under this chapter, or a renewal thereof, for each
   20  pest control service center location. An application must be
   21  submitted in the format prescribed by the department.
   22         (b) The department shall establish a fee for the issuance
   23  of a pest control service center license of at least $500, but
   24  not more than $1,000, and a fee for the renewal of a license of
   25  at least $500, but not more than $1,000; however, until rules
   26  setting the fees are adopted by the department, the initial
   27  license and renewal fees are each set at $500. The department
   28  shall establish a grace period, not to exceed 30 calendar days
   29  after a license’s anniversary renewal date. The department shall
   30  assess a late renewal fee of $150, in addition to the renewal
   31  fee, to a business that renews its license after the grace
   32  period.
   33         (c) A license automatically expires 60 calendar days after
   34  the anniversary renewal date unless the license is renewed
   35  before that date. Once a license expires, it may be reinstated
   36  only upon reapplication and payment of the license fee and late
   37  renewal fee.
   38         (d) A license automatically expires when a licensee changes
   39  its pest control service center business location address. The
   40  department shall issue a new license upon payment of a $250 fee.
   41  The new license automatically expires 60 calendar days after the
   42  anniversary renewal date of the former license unless the
   43  license is renewed before that date.
   44         (e) The department may not issue or renew a license to
   45  operate a centralized pest control service center unless the
   46  pest control business licensees for whom the centralized service
   47  center solicits business have one or more common owners.
   48         (f) The department may deny the issuance of a pest control
   49  service center license, or refuse to renew a license, if the
   50  department finds that the applicant or licensee, or any of its
   51  directors, officers, owners, or general partners, are or were
   52  directors, officers, owners, or general partners of a pest
   53  control business described in s. 482.071(2)(g) or violated a
   54  rule adopted under s. 482.071(2)(f).
   55         (g) Section 482.091 does not apply to a person who solicits
   56  pest control services or provides customer service in a licensed
   57  pest control service center unless the person performs the pest
   58  control work described in s. 482.021(21)(a)-(d), executes a pest
   59  control contract, or accepts remuneration for such work.
   60         (3)(a) The department shall adopt rules establishing
   61  requirements and procedures for recordkeeping and monitoring of
   62  pest control service center operations to ensure compliance with
   63  this chapter and rules adopted under this chapter.
   64         (b) Notwithstanding s. 482.163, whether an employee acts
   65  outside of the course and scope of his or her employment or
   66  whether the employee disobeys employer policies:
   67         1. A pest control service center licensee may be subject to
   68  disciplinary action under s. 482.161 for a violation of this
   69  chapter or a rule adopted under this chapter committed by an
   70  employee of the service center.
   71         2. A pest control business licensee may be subject to
   72  disciplinary action under s. 482.161 for a violation committed
   73  by an employee of the service center if the business licensee
   74  benefits from the violation.