HB 949

1
A bill to be entitled
2An act relating to pest control; amending s. 482.051,
3F.S.; providing rule changes that allow operators to
4provide certain emergency notice to the Department of
5Agriculture and Consumer Services by facsimile or
6electronic means; amending s. 482.071, F.S.; increasing
7the minimum bodily injury and property damage insurance
8coverage required for pest control businesses; creating s.
9482.072, F.S.; providing for licensure by the department
10of pest control customer contact centers; providing
11application requirements; providing for fees, licensure
12renewal, penalties, licensure expiration, and transfer of
13licenses; creating s. 482.157, F.S.; providing for the
14certification of commercial wildlife trappers; providing
15certification requirements, examination requirements, and
16fees; limiting the scope of work permitted by certificate
17holders; clarifying that licensees and certificateholders
18who practice accepted pest control methods are immune from
19liability for violating laws prohibiting cruelty to
20animals; amending s. 482.226, F.S.; increasing the minimum
21financial responsibility requirements for licensees that
22perform certain inspections; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  Subsection (4) of section 482.051, Florida
27Statutes, is amended to read:
28     482.051  Rules.-The department has authority to adopt rules
29pursuant to ss. 120.536(1) and 120.54 to implement the
30provisions of this chapter. Prior to proposing the adoption of a
31rule, the department shall counsel with members of the pest
32control industry concerning the proposed rule. The department
33shall adopt rules for the protection of the health, safety, and
34welfare of pest control employees and the general public which
35require:
36     (4)  That a licensee, before performing general fumigation,
37notify in writing the department inspector having jurisdiction
38over the location where the fumigation is to be performed, which
39notice must be received by the department inspector at least 24
40hours in advance of the fumigation and must contain such
41information as the department requires. However, in an authentic
42and verifiable emergency, when 24 hours' advance notification is
43not possible, advance telephone, facsimile, or any other form of
44acceptable electronic communication or telegraph notice may be
45given; but such notice must be immediately followed by written
46confirmation providing the required information.
47     Section 2.  Subsection (4) of section 482.071, Florida
48Statutes, is amended to read:
49     482.071  Licenses.-
50     (4)  A licensee may not operate a pest control business
51without carrying the required insurance coverage. Each person
52making application for a pest control business license or
53renewal thereof must furnish to the department a certificate of
54insurance that meets the requirements for minimum financial
55responsibility for bodily injury and property damage consisting
56of:
57     (a)  Bodily injury: $250,000 $100,000 each person and
58$500,000 $300,000 each occurrence; and property damage: $250,000
59$50,000 each occurrence and $500,000 $100,000 in the aggregate;
60or
61     (b)  Combined single-limit coverage: $400,000 in the
62aggregate.
63     Section 3.  Section 482.072, Florida Statutes, is created
64to read:
65     482.072  Pest control customer contact centers.-
66     (1)  The department may issue a license to operate a
67customer contact center from which to solicit pest control
68business or provide services to customers for one or more
69business locations licensed under s. 482.071. A person may not
70operate a customer contact center for a pest control business
71which is not licensed by the department.
72     (2)(a)  Before operating a customer contact center, and
73biennially thereafter, on or before a renewal date set by the
74department, a pest control business must apply to the department
75for a license or license renewal for each customer contact
76center location it operates. An application must be submitted in
77the format prescribed by the department.
78     (b)  The department shall establish a licensure fee of at
79least $600, but not more than $1,000, and a renewal fee of at
80least $600, but not more than $1,000, for a customer contact
81center license. However, until renewal fee rules are adopted,
82the initial license and renewal fees are each $600. The
83department shall establish a grace period, not to exceed 30 days
84after the renewal date, and shall assess a late fee of $150, in
85addition to the renewal fee, for a license that is renewed after
86the grace period.
87     (c)  A license automatically expires if it is not renewed
88within 60 days after the renewal date and may be reinstated only
89upon reapplication and payment of the license renewal fee and
90late fee.
91     (d)  A license automatically expires if a licensee changes
92its customer contact center business location. The department
93shall issue a new license upon payment of a $250 fee, which must
94be renewed by the renewal date for the former location's
95license. A new license that is not renewed within 60 days after
96the renewal date of the license for the former business location
97automatically expires.
98     (e)  The department may not issue or renew a license to
99operate a customer contact center unless the pest control
100business for which it solicits business is owned in common by a
101person or business entity recognized by this state.
102     (f)  The department may deny a license or refuse to renew a
103license if the applicant or licensee, or one or more of the
104applicant's or licensee's directors, officers, owners, or
105general partners, are or have been directors, officers, owners,
106or general partners of a pest control business that meets the
107conditions in s. 482.071(2)(g).
108     (g)  Sections 482.091 and 482.152 do not apply to a person
109who solicits pest control services or provides customer service
110in a licensed customer contact center unless the person performs
111the pest control work as defined in s. 482.021(22)(a)-(d),
112executes a pest control contract, or accepts remuneration for
113such work.
114     (h)  Section 482.071(2)(e) does not apply to a license
115issued under this section.
116     (3)(a)  The department shall adopt rules establishing
117requirements and procedures for recordkeeping and monitoring
118customer contact center operations to ensure compliance with
119this chapter and rules adopted hereunder.
120     (b)  Notwithstanding any other provision of this chapter:
121     1.  A customer contact center licensee is subject to
122disciplinary action under s. 482.161 for a violation of this
123chapter or a rule adopted hereunder committed by a person who
124solicits pest control services or provides customer service in a
125customer contact center.
126     2.  A pest control business licensee may be subject to
127disciplinary action under s. 482.161 for a violation committed
128by a person who solicits pest control services or provides
129customer service in a customer contact center operated by the
130licensee if the licensee participates in the violation.
131     Section 4.  Section 482.157, Florida Statutes, is created
132to read:
133     482.157  Limited certification for commercial wildlife
134management personnel.-
135     (1)  The department shall establish a limited certificate
136authorizing individual commercial wildlife trapper personnel to
137use nonchemical methods, including traps, glue boards,
138mechanical or electronic devices, or exclusionary techniques to
139control rodents.
140     (2)  The department shall issue a limited certificate to an
141applicant who:
142     (a)  Submits an application and examination fee, set by
143departmental rule, of not more than $300 or less than $150. The
144department shall provide examination reference materials and
145offer the examination at least quarterly or as necessary in each
146county;
147     (b)  Passes the departmental examination; and
148     (c)  Provides proof, including a certificate of insurance,
149showing that the applicant has met the minimum financial bodily
150injury and property damage requirements in s. 482.071(4).
151     (3)  An application for recertification must be made
152annually and be accompanied by a recertification fee of not more
153than $150 or less than $75, as established by rule. The
154application also must be accompanied by proof of completion of
155the required 4 classroom hours of acceptable continuing
156education and the required proof of insurance. After a grace
157period not exceeding 30 days after the recertification renewal
158date, a late fee of $50 shall be assessed in addition to the
159renewal fee. A certificate automatically expires 180 days after
160the recertification date if the renewal fee has not been paid.
161After expiration, a new certificate shall be issued only upon
162successful reexamination and payment of the examination and late
163fees.
164     (4)  Certification under this section does not authorize:
165     (a)  The use of pesticides or chemical substances, other
166than adhesive materials, to control rodents or other nuisance
167wildlife in, on, or under structures;
168     (b)  Operation of a pest control business; or
169     (c)  Supervision of a certified person.
170     (5)  Persons licensed under this chapter who practice
171accepted pest control methods are immune from liability under s.
172828.12.
173     Section 5.  Subsection (6) of section 482.226, Florida
174Statutes, is amended to read:
175     482.226  Wood-destroying organism inspection report; notice
176of inspection or treatment; financial responsibility.-
177     (6)  Any licensee that performs wood-destroying organism
178inspections in accordance with subsection (1) must meet minimum
179financial responsibility in the form of errors and omissions
180(professional liability) insurance coverage or bond in an amount
181no less than $250,000 $50,000 in the aggregate and $250,000
182$25,000 per occurrence, or demonstrate that the licensee has
183equity or net worth of no less than $500,000 $100,000 as
184determined by generally accepted accounting principles
185substantiated by a certified public accountant's review or
186certified audit. The licensee must show proof of meeting this
187requirement at the time of license application or renewal
188thereof.
189     Section 6.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.