Florida Senate - 2022                                    SB 1448
       
       
        
       By Senator Ausley
       
       
       
       
       
       3-00659-22                                            20221448__
    1                        A bill to be entitled                      
    2         An act relating to licensure for tree care services;
    3         providing directives to the Division of Law Revision;
    4         creating s. 468.851, F.S.; providing a short title;
    5         creating s. 468.8511, F.S.; providing legislative
    6         findings and intent; creating s. 468.8512, F.S.;
    7         exempting certain individuals, entities, and
    8         activities from certain requirements; creating s.
    9         468.8513, F.S.; defining terms; creating s. 468.8514,
   10         F.S.; establishing the Florida Board of Tree Experts
   11         within the Department of Agriculture and Consumer
   12         Services; providing for the membership, appointment,
   13         and duties of the board; creating s. 468.8515, F.S.;
   14         requiring the board to develop or designate a
   15         licensure examination for licensed Florida arborists;
   16         providing for the administration of the examination;
   17         authorizing an applicant to retake the exam, as
   18         necessary, after a specified timeframe; creating s.
   19         468.8516, F.S.; providing requirements for licensure
   20         as a licensed Florida arborist and a licensed tree
   21         care practitioner; authorizing certain individuals
   22         licensed by the International Society of Arboriculture
   23         to receive a Florida license within a specified
   24         timeframe after the initial adoption of rules by the
   25         board; requiring the board to renew licenses
   26         biennially; providing a process for license renewal;
   27         creating s. 468.8517, F.S.; providing requirements for
   28         licensure applications; prohibiting the board from
   29         issuing licenses in the name of certain business
   30         organizations; requiring the board to maintain certain
   31         records regarding licensure applicants and licensees;
   32         authorizing the board to issue licenses to out-of
   33         state individuals who have a substantially equivalent
   34         license or certification; providing that the board’s
   35         decision on an applicant’s qualifications for
   36         examination constitutes final agency action; creating
   37         s. 468.8518, F.S.; requiring licensees to meet certain
   38         continuing education requirements; authorizing the
   39         board to waive the requirements for good cause;
   40         requiring the board to accept certain education
   41         courses for continuing education credit; creating s.
   42         468.8519, F.S.; requiring licensees to comply with
   43         applicable laws and rules and to protect the safety,
   44         health, property, and welfare of the public;
   45         prohibiting individuals from presenting themselves as
   46         licensees or using a license designation without being
   47         so licensed by the board; creating s. 468.852, F.S.;
   48         providing grounds for the board to suspend, revoke, or
   49         refuse to issue or renew a license or admit a person
   50         to a licensing examination; requiring notice and a
   51         hearing before the board takes any such action;
   52         requiring the board to provide such notice at least a
   53         specified number of days before the hearing and to
   54         render its judgment within a specified number of days
   55         after the hearing; providing fines for a first
   56         violation and graduated fines for a second and
   57         subsequent violation; providing that each day a
   58         violation continues constitutes an additional,
   59         separate, and distinct offense; creating s. 468.8521,
   60         F.S.; requiring a business engaged in tree care
   61         services to biennially register with the board by
   62         providing the board with certain information;
   63         requiring each tree care business to provide specified
   64         instruction and training for its employees after rules
   65         are adopted by the board; creating s. 468.8522, F.S.;
   66         providing grounds for the board to suspend or revoke a
   67         business’s registration; requiring notice and a
   68         hearing before the board takes any such action;
   69         requiring the board to provide such notice at least a
   70         specified number of days before the hearing and to
   71         render its judgment within a specified number of days
   72         after the hearing; creating s. 468.8523, F.S.;
   73         requiring licensees and businesses to cooperate with
   74         any department or board investigation; providing for a
   75         court proceeding for a violation; authorizing the
   76         board or department to require certain individuals to
   77         provide a written statement under oath under certain
   78         circumstances; creating s. 468.8524, F.S.; authorizing
   79         individuals to appeal an order or a finding by the
   80         board or Commissioner of Agriculture; creating s.
   81         468.8525, F.S.; authorizing the commissioner or his or
   82         her designee to temporarily waive licensure
   83         requirements if a state of emergency has been declared
   84         in response to a hurricane, tropical storm, or other
   85         act of God; providing an effective date.
   86          
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. The Division of Law Revision is directed to:
   90         (1)Create part XVII of chapter 468, consisting of ss.
   91  468.851-468.8525, Florida Statutes, entitled “Tree Care
   92  Services.”
   93         (2)Replace the phrase “the effective date of this act”
   94  wherever it occurs in this act with the date this act becomes a
   95  law.
   96         Section 2. Section 468.851, Florida Statutes, is created to
   97  read:
   98         468.851Short title.—This part may be cited as the “Florida
   99  Arborist and Tree Care Practitioners Licensing Act.”
  100         Section 3. Section 468.8511, Florida Statutes, is created
  101  to read:
  102         468.8511Legislative findings and intent.—The Legislature
  103  recognizes that tree care services are consistently ranked as
  104  one of the most hazardous work activities. The Legislature
  105  further recognizes the potential hazards to life and property
  106  which can arise from untrained tree care personnel. In order to
  107  provide safety for workers engaged in tree care services, to
  108  enhance the safety of residents, and to provide for the
  109  protection of trees and property, the Legislature declares it to
  110  be in the public interest of this state to regulate individuals
  111  and businesses providing or offering to provide tree care
  112  services in this state.
  113         Section 4. Section 468.8512, Florida Statutes, is created
  114  to read:
  115         468.8512Exemptions.—
  116         (1)This part does not apply to any of the following
  117  individuals or entities:
  118         (a)A public utility or an employee of a public utility
  119  while he or she is engaged in the actual performance of his or
  120  her duties as an employee.
  121         (b)An employer under contract with a public utility and
  122  engaged in tree trimming or any other utility vegetation
  123  management practice for the purpose of line clearance, or any
  124  employee of the employer while he or she is engaged in the
  125  actual performance of his or her duties in regard to tree
  126  trimming, other utility vegetation management practice,
  127  installing underground facilities, or performing associated site
  128  construction.
  129         (c)An individual or employer that does not offer tree care
  130  services for hire.
  131         (d)An employee of a municipality or county while he or she
  132  is engaged in the actual performance of his or her duties as an
  133  employee.
  134         (2)This part does not apply to any of the following
  135  activities:
  136         (a)Agricultural or silvicultural activities on lands
  137  classified as agricultural pursuant to s. 193.461.
  138         (b)1.Ground-based landscape construction activities,
  139  including those performed by, or under the direction of, a
  140  landscape architect.
  141         2.Ground-based landscape maintenance activities,
  142  including, but not limited to, pruning, fertilization, insect
  143  and disease control, planting, transplanting, and temporary
  144  stabilization, when such activities are performed in compliance
  145  with:
  146         a.The sections of the American National Standards
  147  Institute practice standards set forth by the board by
  148  regulation, with applicable safety standards and regulations of
  149  the federal Occupational Safety and Health Administration; and
  150         b.Any pesticide rules adopted by the department.
  151  
  152  For purposes of this paragraph, the term “ground-based landscape
  153  maintenance” does not include operations that involve climbing;
  154  the use of aerial lifts, cranes, rope, or rigging operations; or
  155  the removal of trees of more than 6 inches in diameter at chest
  156  height.
  157         (c)The removal of any trees pursuant to an approved site
  158  plan or subdivision approval, provided that the tree removal
  159  activities are performed in compliance with applicable safety
  160  standards and rules of the American National Standards Institute
  161  practice standards set forth by board rule and with applicable
  162  safety standards and regulations of the federal Occupational
  163  Safety and Health Administration.
  164         Section 5. Section 468.8513, Florida Statutes, is created
  165  to read:
  166         468.8513 Definitions.—As used in this part, the term:
  167         (1)“Arboricultural services” means, unless otherwise
  168  exempted in this part, tree pruning, repairing, or removal;
  169  stump grinding or removal; tree establishment; fertilization;
  170  cabling and bracing; lightning protection; consulting,
  171  diagnosis, and treatment of tree problems or diseases; tree
  172  management during site planning and development; tree assessment
  173  and risk management; application of pesticides; and any other
  174  form of tree maintenance.
  175         (2)“Board” means the Florida Board of Tree Experts.
  176         (3)“Commissioner” means the Commissioner of Agriculture.
  177         (4)“Department” means the Department of Agriculture and
  178  Consumer Services.
  179         (5)“Licensed Florida arborist” or “LFA” means a person
  180  licensed under s. 468.8516 to provide arboricultural services in
  181  this state.
  182         (6)“Licensed tree care practitioner” or “LTCP” means a
  183  person licensed under s. 468.8516 to provide tree care
  184  practitioner services in this state.
  185         (7)“Tree care practitioner services” includes tree
  186  pruning, repairing, or removal and stump grinding or removal.
  187         (8)“Tree care services” means tree care practitioner
  188  services and arboricultural services.
  189         Section 6. Section 468.8514, Florida Statutes, is created
  190  to read:
  191         468.8514Board; membership; duties.—
  192         (1)The Florida Board of Tree Experts is established within
  193  the department.
  194         (2)The board shall consist of nine members, including:
  195         (a)The commissioner or his or her designee, who shall
  196  serve ex officio;
  197         (b)Five licensed Florida arborists, appointed by the
  198  commissioner;
  199         (c)Two licensed tree care practitioners, appointed by the
  200  commissioner; and
  201         (d)One member who has knowledge of arboriculture or
  202  forestry, including urban forestry, appointed by the
  203  commissioner.
  204         (3)The board members initially appointed to serve as
  205  licensed Florida arborists and licensed tree care practitioners
  206  need not be licensed until 180 days after the adoption of
  207  initial rules by the board. Thereafter, the subsequently
  208  appointed board members must be licensed before they are
  209  eligible to be appointed by the commissioner.
  210         (a)To provide for staggered terms, the initially appointed
  211  members shall serve the following terms:
  212         1.Three licensed Florida arborist board members, 3 years;
  213         2.One licensed tree care practitioner, 3 years;
  214         3.The remaining licensed Florida arborist and licensed
  215  tree care practitioner board members, 2 years; and
  216         4.The member possessing knowledge of arboriculture or
  217  forestry, 1 year.
  218         (b)Thereafter, all appointed members shall serve 3-year
  219  terms or until their successors are appointed and qualified.
  220  Vacancies shall be filled for the unexpired terms only.
  221         (4)The board shall annually elect from among its
  222  membership a chair and a vice chair. The board shall meet at
  223  least four times per year and may hold additional meetings as
  224  necessary to discharge its duties. A majority of the total
  225  authorized membership of the board may exercise any of the
  226  powers of the board at any meeting. The members of the board
  227  shall serve without compensation, but the board may, within the
  228  limits of funds appropriated or otherwise made available to it,
  229  reimburse members for actual expenses necessarily incurred in
  230  the discharge of their official duties, according to department
  231  rule.
  232         (5)The board has all of the following duties:
  233         (a)Review the qualifications of an applicant for
  234  licensure.
  235         (b)Establish standards for the licensure examination.
  236         (c)Issue and renew licenses.
  237         (d)Establish standards by rule, including, but not limited
  238  to, appropriate standards from the American National Standards
  239  Institute and any related standards and best management
  240  practices.
  241         (e)Suspend or revoke licenses or registrations for
  242  violations of this part.
  243         (f)Maintain a registry of licensees and businesses engaged
  244  in tree care services.
  245         (g)Adopt a canon of professional ethics.
  246         (h)Adopt rules to carry out this part.
  247         (i)Conduct any necessary worksite inspections to enforce
  248  this part.
  249         Section 7. Section 468.8515, Florida Statutes, is created
  250  to read:
  251         468.8515Examination.—
  252         (1)The board shall develop or designate an examination to
  253  evaluate an applicant’s knowledge, ability, and fitness to
  254  perform as a licensed Florida arborist.
  255         (2)The board shall administer the examination at least
  256  semiannually at times and places to be determined by the board.
  257  The board shall provide adequate written notice of the time and
  258  place of the examinations.
  259         (3)An applicant who fails the examination may retake it 3
  260  months after the initial examination. An applicant is not
  261  limited in the number of times he or she may take the
  262  examination.
  263         Section 8. Section 468.8516, Florida Statutes, is created
  264  to read:
  265         468.8516Licensure; biennial renewal.—
  266         (1)An applicant for licensure as a licensed Florida
  267  arborist must meet all of the following requirements:
  268         (a)Be at least 18 years of age.
  269         (b)Be of good moral character.
  270         (c)Meet at least one of the following requirements:
  271         1.Have a bachelor’s degree in arboriculture, forestry,
  272  ornamental horticulture, natural resources, or any other
  273  curriculum approved by the board and be continuously employed
  274  full time in professional tree care for a period of at least 1
  275  year before the date of his or her application for licensure.
  276         2.Have an associate degree in a field of study approved by
  277  the board and be continuously employed full time in the practice
  278  of arboriculture for a period of at least 3 years before the
  279  date of his or her application for licensure.
  280         3.Be continuously employed full time in the practice of
  281  arboriculture for at least 5 years before the date of his or her
  282  application for licensure.
  283         4.Have maintained an industry credential approved by the
  284  board for at least 3 years before the date of his or her
  285  application for licensure.
  286         (d)Except as provided in subsection (3), pass an
  287  examination developed or designated by the board.
  288         (2)An applicant for licensure as a licensed tree care
  289  practitioner must meet all of the following requirements:
  290         (a)Be at least 18 years of age.
  291         (b)Be of good moral character.
  292         (c)Meet at least one of the following requirements:
  293         1.Have a bachelor’s degree in arboriculture or an
  294  equivalent major field of study approved by the board and be
  295  continuously employed full time in the practice of arboriculture
  296  for a period of at least 1 year before the date of his or her
  297  application for licensure.
  298         2.Have an associate degree in arboriculture or an
  299  equivalent field of study approved by the board and be
  300  continuously employed full time in the practice of arboriculture
  301  for a period of at least 1 year before the date of his or her
  302  application for licensure.
  303         3.Be continuously employed full time in the practice of
  304  arboriculture for at least 3 years before the date of his or her
  305  application for licensure.
  306         4.Have maintained an industry credential approved by the
  307  board for at least 1 year before the date of his or her
  308  application for licensure.
  309         (d)Take a mandatory course on pruning, tree worker safety,
  310  and insurance requirements as established by the board within
  311  360 days after initial licensure.
  312         (3)Notwithstanding subsections (1) and (2), within 360
  313  days after the date initial rules are adopted by the board:
  314         (a)An individual may be licensed as a licensed Florida
  315  arborist without sitting for the examination required under
  316  subsection (1) if he or she maintains an International Society
  317  of Arboriculture credential as a Certified Arborist or a Board
  318  Certified Master Arborist; and
  319         (b)An individual may be licensed as a licensed tree care
  320  practitioner upon taking the mandatory course on pruning, tree
  321  worker safety, and insurance requirements, pursuant to board
  322  rule, if he or she maintains an International Society of
  323  Arboriculture credential as a Certified Arborist or a Board
  324  Certified Master Arborist or is an individual of good moral
  325  character who has documented to the satisfaction of the board
  326  that he or she has been engaged in the practice of arboriculture
  327  for at least 7 years before the effective date of this act.
  328         (4)An individual licensed as a licensed tree care
  329  practitioner under subsection (2) may subsequently apply for
  330  licensure as a licensed Florida arborist upon meeting the
  331  qualifications for such licensure.
  332         (5)An individual licensed under this section shall receive
  333  a certificate evidencing his or her licensure.
  334         (6)The board shall renew licenses biennially.
  335         (7)A licensee may submit an application pursuant to board
  336  rule for renewal of his or her license. If an individual’s
  337  license expires before it is renewed, the license may be renewed
  338  within 1 year after expiration.
  339         (8)An individual is not eligible for licensure pursuant to
  340  this section until the final adoption of initial rules by the
  341  board.
  342         Section 9. Section 468.8517, Florida Statutes, is created
  343  to read:
  344         468.8517Application for licensure; maintenance of
  345  records.—
  346         (1)An application for licensure as a licensed Florida
  347  arborist or a licensed tree care practitioner must be on forms
  348  prescribed and furnished by the board and must contain a
  349  statement under oath declaring the applicant’s education or
  350  other qualification for licensure. The board may not issue a
  351  license in the name of a corporation, a firm, a partnership, or
  352  any other form of business organization.
  353         (2)The board shall maintain a record of all individual
  354  applicants for licensure and all licensees, including each
  355  person’s name, age, education, and other qualifications;
  356  residential address; location of employment; and record of
  357  fulfillment of any continuing education requirements.
  358         (3)The board may grant a licensed Florida arborist license
  359  or a licensed tree care practitioner license to any individual
  360  who is not a resident of this state and who is the lawful holder
  361  of a substantially equivalent license or certification issued by
  362  another jurisdiction, as determined by the board.
  363         (4)The board’s determination of an applicant’s
  364  qualifications for any examination shall constitute final agency
  365  action.
  366         Section 10. Section 468.8518, Florida Statutes, is created
  367  to read:
  368         468.8518 Continuing education requirement.—
  369         (1)A licensed Florida arborist must complete, as a
  370  condition for biennial license renewal, a minimum of 20 credits
  371  of continuing education in courses of study approved by the
  372  board. The licensee may provide proof of a current International
  373  Society of Arboriculture credential as a Certified Arborist or a
  374  Board Certified Master Arborist as documentation of continuing
  375  education compliance.
  376         (2)A licensed tree care practitioner must complete, as a
  377  condition for biennial license renewal, a minimum of 10 credits
  378  of continuing education in courses of study approved by the
  379  board. The licensee may provide proof of a current International
  380  Society of Arboriculture credential as a Certified Arborist, a
  381  Board Certified Master Arborist, or a Tree Worker: Climber
  382  Specialist or Aerial Lift Specialist or proof of a Tree Care
  383  Industry Association credential as a Certified Treecare Safety
  384  Professional as documentation of continuing education
  385  compliance.
  386         (3)Each hour of continuing education instruction is
  387  equivalent to one credit. The board may waive the continuing
  388  education requirements on an individual basis for reasons of
  389  hardship, including illness or disability or other good cause. A
  390  licensee shall submit evidence that he or she has fulfilled the
  391  continuing education requirement for his or her license to the
  392  board in a form and manner established by the board.
  393         (4)The board shall accept an educational course approved
  394  by the International Society of Arboriculture as a continuing
  395  education unit for a Certified Arborist credential as meeting
  396  the continuing education credit requirements for a licensed
  397  Florida arborist and a licensed tree care practitioner. A
  398  licensee may receive up to 10 continuing education credits per
  399  course credit hour for a university or college course related to
  400  arboriculture which is completed with a passing grade within the
  401  renewal period. The board may designate other acceptable
  402  continuing education courses or sources of continuing education
  403  credits.
  404         Section 11. Section 468.8519, Florida Statutes, is created
  405  to read:
  406         468.8519 Compliance with laws; prohibited acts; fines.—
  407         (1)In rendering professional services, licensed Florida
  408  arborists and licensed tree care practitioners shall comply in
  409  all respects with the applicable laws and rules pertaining to
  410  tree care services and have a duty to make every reasonable
  411  effort to protect the safety, health, property, and welfare of
  412  the public, including ensuring the safe operation of all
  413  equipment used in the performance of tree care services,
  414  according to department or board rule.
  415         (2)An individual may not present himself or herself to the
  416  public as a licensed Florida arborist or use the designation
  417  “LFA” or present himself or herself to the public as a licensed
  418  tree care practitioner or use the designation “LTCP” without
  419  being licensed as a licensed Florida arborist or a licensed tree
  420  care practitioner, respectively, by the board.
  421         Section 12. Section 468.852, Florida Statutes, is created
  422  to read:
  423         468.852Grounds for suspending, revoking, or refusing to
  424  issue or renew license or refusing to admit a person for a
  425  licensing examination; notice and hearing; fines.—
  426         (1)The board may suspend, revoke, or refuse to issue or
  427  renew a license or may refuse to admit a person to an
  428  examination for licensure after notice and hearing and upon a
  429  finding that an applicant or a licensee has done any of the
  430  following:
  431         (a)Obtained a license or authorization to sit for an
  432  examination through fraud, deception, or misrepresentation.
  433         (b)Conducted work or allowed work to be conducted under
  434  his or her supervision in a manner not in compliance with
  435  standards approved by the board.
  436         (c)Engaged in dishonesty, fraud, deception,
  437  misrepresentation, false promise, or false pretense in the
  438  course of his or her business.
  439         (d)Engaged in gross negligence or gross incompetence.
  440         (e)Engaged in repeated acts of negligence or incompetence.
  441         (f)Engaged in occupational misconduct, as determined by
  442  the board.
  443         (g)Been convicted of a crime involving moral turpitude, a
  444  crime relating adversely to the activities regulated by the
  445  board, or a felony.
  446         (h)Had his or her authority to engage in the activities
  447  regulated by the board revoked or suspended by any other state,
  448  agency, or authority.
  449         (i)Failed to comply with this part or any rule adopted
  450  pursuant to this part, including canons of ethics established by
  451  the board.
  452         (j)Has not been able, for medical reasons or for any other
  453  good cause, to discharge the functions of his or her license in
  454  a manner consistent with the health, safety, and welfare of the
  455  public.
  456         (k)Has engaged in any form of false or misleading
  457  advertising or promotional activities, including, but not
  458  limited to, holding himself or herself out to be a licensed
  459  Florida arborist, a licensed tree care practitioner, an
  460  arborist, a tree surgeon, a tree care business, or any similar
  461  designation, or using the abbreviation “LFA” or “LTCP,” without
  462  being licensed as a licensed Florida arborist or a licensed tree
  463  care practitioner.
  464         (l)Failed to maintain records required by the board.
  465         (2)The board may suspend or revoke a license only after
  466  providing the licensee with notice and a hearing. The board
  467  shall send the licensee such notice at least 20 days before the
  468  hearing. The board may not revoke or suspend a license until the
  469  conclusion of any hearing. The board shall render its judgment
  470  within 20 days after the conclusion of the hearing.
  471         (3)In addition to the suspension or revocation of a
  472  license, the board may levy a fine not to exceed $1,000 for a
  473  first violation and not to exceed $2,500 for a second or
  474  subsequent violation of this part. If the violation is of a
  475  continuing nature, each day during which the violation continues
  476  constitutes an additional, separate, and distinct offense.
  477         Section 13. Section 468.8521, Florida Statutes, is created
  478  to read:
  479         468.8521 Tree care business registration; employee
  480  instruction and training.—
  481         (1)Each business engaged in providing tree care services
  482  in this state must register biennially with the board as a
  483  condition of doing business in this state. The business shall
  484  provide the board with all of the following information:
  485         (a)The name and residential address of the owner or owners
  486  of the tree care business.
  487         (b)The principal address of the tree care business and any
  488  branch office or subsidiary of the business.
  489         (c)The names and residential addresses of every licensed
  490  Florida arborist or licensed tree care practitioner employed by
  491  the business and the location of each such licensee if assigned
  492  to a branch office other than the business’s main office.
  493         (d)Proof of general liability insurance or a letter of
  494  credit of a type and amount required by board rule.
  495         (e)Proof of workers’ compensation insurance coverage.
  496         (f)Proof that at least one employee of the tree care
  497  business located at the principal office of the tree care
  498  business is licensed either as a licensed Florida arborist or a
  499  licensed tree care practitioner and that at least one employee
  500  of the tree care business located at each branch office of the
  501  tree care business is licensed either as a licensed Florida
  502  arborist or a licensed tree care practitioner.
  503         (g)Any other information required by the board.
  504         (2)After initial rules are adopted by the board, each tree
  505  care business shall provide instruction and training for its
  506  employees in the proper use, inspection, and maintenance of
  507  tools and equipment and shall require that safe working
  508  practices are observed in accordance with the appropriate
  509  standards of the American National Standards Institute, as well
  510  as any additional standards designated by board rule. Each tree
  511  care business shall annually submit documentation of its
  512  training program for employees to the board, including a model
  513  tree safety program checklist provided by the board, proof of
  514  general liability insurance coverage or a letter of credit in an
  515  amount established by the board, and proof of workers’
  516  compensation insurance.
  517         Section 14. Section 468.8522, Florida Statutes, is created
  518  to read:
  519         468.8522 Grounds for revoking or suspending a tree care
  520  business’ registration; notice and hearing.—
  521         (1)If a tree care business has done any of the following,
  522  the board may revoke or suspend the business’s registration
  523  after notice and hearing:
  524         (a)Failed to demonstrate that the employer, or at least
  525  one employee in each principal office and branch location
  526  responsible for the supervision of workers in the performance of
  527  tree care services, is licensed as a licensed Florida arborist
  528  or a licensed tree care practitioner.
  529         (b)Failed to ensure the safe operation of all equipment
  530  used in the performance of tree care services.
  531         (c)Allowed work to be conducted in a manner not in
  532  compliance with standards approved by the board.
  533         (d)Failed to provide instruction and training for its
  534  employees, as required by s. 468.8521(2).
  535         (e)Engaged in dishonesty, fraud, deception,
  536  misrepresentation, false promise, or false pretense in the
  537  course of the business’s operations.
  538         (f)Been found guilty of gross negligence or incompetence.
  539         (g)Had the authority to engage in tree care services
  540  revoked or suspended by any other state, agency, or authority.
  541         (h)Failed to comply with this part or any rule adopted
  542  pursuant to this part.
  543         (i)Has engaged in any form of false or misleading
  544  advertising or promotional activities.
  545         (j)Failed to maintain records required by the board.
  546         (2)The board may suspend or revoke a registration only
  547  after providing the business with notice and a hearing. The
  548  board shall send the business such notice at least 20 days
  549  before the hearing. The board may not revoke or suspend a
  550  registration until the conclusion of any hearing. The board
  551  shall render its judgment within 20 days after the conclusion of
  552  the hearing.
  553         Section 15. Section 468.8523, Florida Statutes, is created
  554  to read:
  555         468.8523 Investigations.—
  556         (1)In his or her performance of tree care services, a
  557  licensed Florida arborist, licensed tree care practitioner, or
  558  tree care business shall cooperate fully with the department and
  559  the board in investigations or adjudications of alleged
  560  violations of this part or any rules adopted pursuant to this
  561  part, and upon request, the licensee or business shall provide
  562  copies of any documents requested in connection with an
  563  investigation.
  564         (2)If the board or department finds that a violation of
  565  this part has occurred, is occurring, or will occur, the
  566  Attorney General, in addition to any other proceeding authorized
  567  by law, may seek and obtain an injunction prohibiting the act or
  568  practice. The court may assess a civil penalty in accordance
  569  with this part, but the court may not suspend or revoke a
  570  license issued by the board.
  571         (3)If the board or department finds that an individual has
  572  engaged in or is engaging in an unlawful activity under this
  573  part, the board or department may require the individual to
  574  file, on a form prescribed by rule, a statement in writing and
  575  under oath as to the facts and circumstances concerning the
  576  rendering of any service or other violation of this part. The
  577  board or department may examine any individual in connection
  578  with any licensed activity or practice, inspect any premises
  579  upon which a violation is alleged to have taken place or
  580  premises that constitute the licensee’s place of business, and
  581  examine any record, book, document, account, or paper maintained
  582  by or for any licensee in the conduct of his or her business.
  583         Section 16. Section 468.8524, Florida Statutes, is created
  584  to read:
  585         468.8524Appeal.—An individual aggrieved by an order or a
  586  finding by the board or the commissioner may appeal the order or
  587  finding.
  588         Section 17. Section 468.8525, Florida Statutes, is created
  589  to read:
  590         468.8525Temporary waiver of licensure for storm response.
  591  If a state of emergency has been declared due to a hurricane,
  592  tropical storm, or other act of God, the commissioner or the
  593  commissioner’s designee may temporarily waive the licensure
  594  requirements for affected counties for up to 45 days with the
  595  option to renew the waiver period.
  596         Section 18. This act shall take effect upon becoming a law.