| 1 | A bill to be entitled |
| 2 | An act relating to pest control; amending s. 482.051, |
| 3 | F.S.; providing rule changes that allow operators to |
| 4 | provide certain emergency notice to the Department of |
| 5 | Agriculture and Consumer Services by facsimile or |
| 6 | electronic means; amending s. 482.071, F.S.; increasing |
| 7 | the minimum bodily injury and property damage insurance |
| 8 | coverage required for pest control businesses; creating s. |
| 9 | 482.072, F.S.; providing for licensure by the department |
| 10 | of pest control customer contact centers; providing |
| 11 | application requirements; providing for fees, licensure |
| 12 | renewal, penalties, and licensure expiration; creating s. |
| 13 | 482.157, F.S.; providing for the certification of |
| 14 | commercial wildlife trappers; providing certification |
| 15 | requirements, examination requirements, and fees; limiting |
| 16 | the scope of work permitted by certificateholders; |
| 17 | clarifying that licensees and certificateholders who |
| 18 | practice accepted pest control methods are immune from |
| 19 | liability for violating laws prohibiting cruelty to |
| 20 | animals; providing construction; amending s. 482.226, |
| 21 | F.S.; increasing the minimum financial responsibility |
| 22 | requirements for licensees that perform certain |
| 23 | inspections; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Subsection (4) of section 482.051, Florida |
| 28 | Statutes, is amended to read: |
| 29 | 482.051 Rules.-The department has authority to adopt rules |
| 30 | pursuant to ss. 120.536(1) and 120.54 to implement the |
| 31 | provisions of this chapter. Prior to proposing the adoption of a |
| 32 | rule, the department shall counsel with members of the pest |
| 33 | control industry concerning the proposed rule. The department |
| 34 | shall adopt rules for the protection of the health, safety, and |
| 35 | welfare of pest control employees and the general public which |
| 36 | require: |
| 37 | (4) That a licensee, before performing general fumigation, |
| 38 | notify in writing the department inspector having jurisdiction |
| 39 | over the location where the fumigation is to be performed, which |
| 40 | notice must be received by the department inspector at least 24 |
| 41 | hours in advance of the fumigation and must contain such |
| 42 | information as the department requires. However, in an authentic |
| 43 | and verifiable emergency, when 24 hours' advance notification is |
| 44 | not possible, advance telephone, facsimile, or any other form of |
| 45 | acceptable electronic communication or telegraph notice may be |
| 46 | given,; but such notice must be immediately followed by written |
| 47 | confirmation providing the required information. |
| 48 | Section 2. Subsection (4) of section 482.071, Florida |
| 49 | Statutes, is amended to read: |
| 50 | 482.071 Licenses.- |
| 51 | (4) A licensee may not operate a pest control business |
| 52 | without carrying the required insurance coverage. Each person |
| 53 | making application for a pest control business license or |
| 54 | renewal thereof must furnish to the department a certificate of |
| 55 | insurance that meets the requirements for minimum financial |
| 56 | responsibility for bodily injury and property damage consisting |
| 57 | of: |
| 58 | (a) Bodily injury: $250,000 per $100,000 each person and |
| 59 | $500,000 per $300,000 each occurrence; and property damage: |
| 60 | $250,000 per $50,000 each occurrence and $500,000 $100,000 in |
| 61 | the aggregate; or |
| 62 | (b) Combined single-limit coverage: $400,000 in the |
| 63 | aggregate. |
| 64 | Section 3. Section 482.072, Florida Statutes, is created |
| 65 | to read: |
| 66 | 482.072 Pest control customer contact centers.- |
| 67 | (1) The department may issue a license to operate a |
| 68 | customer contact center from which to solicit pest control |
| 69 | business or provide services to customers for one or more |
| 70 | business locations licensed under s. 482.071. A person may not |
| 71 | operate a customer contact center for a pest control business if |
| 72 | the customer contact center is not licensed by the department. |
| 73 | (2)(a) Before operating a customer contact center, and |
| 74 | biennially thereafter, on or before a renewal date set by the |
| 75 | department, a pest control business must apply to the department |
| 76 | for a license or license renewal for each customer contact |
| 77 | center location it operates. An application must be submitted in |
| 78 | the format prescribed by the department. |
| 79 | (b) The department shall establish a licensure fee of at |
| 80 | least $600 but not more than $1,000, and a renewal fee of at |
| 81 | least $600 but not more than $1,000, for a customer contact |
| 82 | center license. However, until renewal fee rules are adopted, |
| 83 | the initial license and renewal fees are each $600. The |
| 84 | department shall establish a grace period not to exceed 30 days |
| 85 | after the renewal date and shall assess a late fee of $150, in |
| 86 | addition to the renewal fee, for a license that is renewed after |
| 87 | the grace period. |
| 88 | (c) A license automatically expires if it is not renewed |
| 89 | within 60 days after the renewal date and may be reinstated only |
| 90 | upon reapplication and payment of the license renewal fee and |
| 91 | late fee. |
| 92 | (d) A license automatically expires if a licensee changes |
| 93 | its customer contact center business location. The department |
| 94 | shall issue a new license upon payment of a $250 fee, which must |
| 95 | be renewed by the renewal date for the former location's |
| 96 | license. A new license that is not renewed within 60 days after |
| 97 | the renewal date of the license for the former business location |
| 98 | automatically expires. |
| 99 | (e) The department may not issue or renew a license to |
| 100 | operate a customer contact center unless the pest control |
| 101 | business licensees for which the customer contact center |
| 102 | solicits business are owned in common by a person or business |
| 103 | entity recognized by this state. |
| 104 | (f) The department may deny a license or refuse to renew a |
| 105 | license if the applicant or licensee, or one or more of the |
| 106 | applicant's or licensee's directors, officers, owners, or |
| 107 | general partners, are or have been directors, officers, owners, |
| 108 | or general partners of a pest control business that meets the |
| 109 | conditions in s. 482.071(2)(g). |
| 110 | (g) Sections 482.091 and 482.152 do not apply to a person |
| 111 | who solicits pest control services or provides customer service |
| 112 | in a licensed customer contact center unless the person performs |
| 113 | the pest control work as defined in s. 482.021(22)(a)-(d), |
| 114 | executes a pest control contract, or accepts remuneration for |
| 115 | such work. |
| 116 | (h) Section 482.071(2)(e) does not apply to a license |
| 117 | issued under this section. |
| 118 | (3)(a) The department shall adopt rules establishing |
| 119 | requirements and procedures for recordkeeping and monitoring |
| 120 | customer contact center operations to ensure compliance with |
| 121 | this chapter and rules adopted under this chapter. |
| 122 | (b) Notwithstanding any other provision of this chapter: |
| 123 | 1. A customer contact center licensee is subject to |
| 124 | disciplinary action under s. 482.161 for a violation of this |
| 125 | chapter or rules adopted under this chapter committed by a |
| 126 | person who solicits pest control services or provides customer |
| 127 | service in a customer contact center. |
| 128 | 2. A pest control business licensee may be subject to |
| 129 | disciplinary action under s. 482.161 for a violation of this |
| 130 | chapter or rules adopted under this chapter committed by a |
| 131 | person who solicits pest control services or provides customer |
| 132 | service in a customer contact center operated by the licensee if |
| 133 | the licensee participates in the violation. |
| 134 | Section 4. Section 482.157, Florida Statutes, is created |
| 135 | to read: |
| 136 | 482.157 Limited certification for commercial wildlife |
| 137 | management personnel.- |
| 138 | (1) The department shall establish a limited certificate |
| 139 | authorizing individual commercial wildlife trapper personnel to |
| 140 | use nonchemical methods, including traps, mechanical or |
| 141 | electronic devices, and exclusionary techniques, to control |
| 142 | commensal rodents. |
| 143 | (2) The department shall issue a limited certificate to an |
| 144 | applicant who: |
| 145 | (a) Submits an application and examination fee, set by |
| 146 | departmental rule, of not more than $300 or less than $150. The |
| 147 | department shall provide examination reference materials and |
| 148 | offer the examination at least quarterly or as necessary in each |
| 149 | county; |
| 150 | (b) Passes the departmental examination; and |
| 151 | (c) Provides proof, including a certificate of insurance, |
| 152 | that the applicant has met the minimum financial bodily injury |
| 153 | and property damage requirements in s. 482.071(4). |
| 154 | (3) An application for recertification must be made |
| 155 | annually and be accompanied by a recertification fee of not more |
| 156 | than $150 or less than $75, as established by rule. The |
| 157 | application also must be accompanied by proof of completion of |
| 158 | the required 4 classroom hours of acceptable continuing |
| 159 | education and the required proof of insurance. After a grace |
| 160 | period not exceeding 30 days after the recertification renewal |
| 161 | date, a late fee of $50 shall be assessed in addition to the |
| 162 | renewal fee. A certificate automatically expires 180 days after |
| 163 | the recertification date if the renewal fee has not been paid. |
| 164 | After expiration, a new certificate shall be issued only upon |
| 165 | successful reexamination and payment of the examination and late |
| 166 | fees. |
| 167 | (4) Certification under this section does not authorize: |
| 168 | (a) The use of pesticides or chemical substances, other |
| 169 | than adhesive materials, to control rodents or other nuisance |
| 170 | wildlife in, on, or under structures; |
| 171 | (b) Operation of a pest control business; or |
| 172 | (c) Supervision of an uncertified person using nonchemical |
| 173 | methods to control rodents. |
| 174 | (5) A person licensed under this chapter who practices |
| 175 | accepted pest control methods is immune from liability under s. |
| 176 | 828.12. |
| 177 | (6) This chapter does not exempt a person from the rules, |
| 178 | regulations, or orders of the Fish and Wildlife Conservation |
| 179 | Commission. |
| 180 | Section 5. Subsection (6) of section 482.226, Florida |
| 181 | Statutes, is amended to read: |
| 182 | 482.226 Wood-destroying organism inspection report; notice |
| 183 | of inspection or treatment; financial responsibility.- |
| 184 | (6) Any licensee that performs wood-destroying organism |
| 185 | inspections in accordance with subsection (1) must meet minimum |
| 186 | financial responsibility in the form of errors and omissions |
| 187 | (professional liability) insurance coverage or bond in an amount |
| 188 | no less than $500,000 $50,000 in the aggregate and $250,000 |
| 189 | $25,000 per occurrence, or demonstrate that the licensee has |
| 190 | equity or net worth of no less than $500,000 $100,000 as |
| 191 | determined by generally accepted accounting principles |
| 192 | substantiated by a certified public accountant's review or |
| 193 | certified audit. The licensee must show proof of meeting this |
| 194 | requirement at the time of license application or renewal |
| 195 | thereof. |
| 196 | Section 6. This act shall take effect July 1, 2011. |