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: 98 468.851 Short 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: 102 468.8511 Legislative 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: 115 468.8512 Exemptions.— 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: 191 468.8514 Board; 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: 251 468.8515 Examination.— 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: 265 468.8516 Licensure; 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: 344 468.8517 Application 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: 423 468.852 Grounds 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: 585 468.8524 Appeal.—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: 590 468.8525 Temporary 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.