The Florida Senate

482.156  Limited certification for commercial landscape maintenance personnel.--

(1)  The department shall establish a limited certification category for commercial landscape maintenance personnel to authorize them to apply herbicides for controlling weeds in plant beds and to perform integrated pest management on ornamental plants using the following materials: insecticides having the signal word "caution" but not having the word "warning" or "danger" on the label, insecticidal soaps, horticultural oils, and bacillus thuringiensis formulations. The application equipment that may be used by a person certified pursuant to this section is limited to portable, handheld 3-gallon compressed air sprayers or backpack sprayers having no more than a 5-gallon capacity and does not include power equipment.

(2)(a)  A person seeking limited certification under this section must pass an examination given by the department. Each application for examination must be accompanied by an examination fee set by the department, in an amount of not more than $150 or less than $50; however, until a rule setting this fee is adopted by the department, the examination fee is $50. Each person making application for certification under this section must furnish proof of having a certificate of insurance which states that the employer meets the requirements for minimum financial responsibility for bodily injury and property damage required by s. 482.071(4). To be eligible to take the examination, an applicant must have completed 8 classroom hours of plant bed and ornamental continuing education training approved by the department and provide sufficient proof, according to criteria established by department rule, that the applicant has been in the landscape maintenance business for at least 3 years.

(b)  The department shall provide the appropriate reference materials for the examination and make the examination readily accessible and available to applicants at least quarterly or as necessary in each county.

(3)  An application for recertification under this section must be made annually and be accompanied by a recertification fee set by the department, in an amount of not more than $75 or less than $25; however, until a rule setting this fee is adopted by the department, the fee for recertification is $25. The application must also be accompanied by proof of having completed 4 classroom hours of acceptable continuing education and the same proof of having a certificate of insurance as is required for initial certification. After a grace period not exceeding 30 calendar days following the annual date that recertification is due, a late renewal charge of $50 shall be assessed and must be paid in addition to the renewal fee. Unless timely recertified, a certificate automatically expires 180 calendar days after the anniversary recertification date. Subsequent to such expiration, a certificate may be issued only upon successful reexamination and upon payment of the examination fees due.

(4)  Certification under this section does not authorize:

(a)  Application of pesticides to turf;

(b)  Operation of a pest control business; or

(c)  The application of pesticides by unlicensed or uncertified personnel under the supervision of the certified person.

(5)  A person certified under this section shall maintain records documenting the pests and areas treated, plus the methods and materials applied for control of such pests, which records must be available for review by the department upon request.

History.--s. 41, ch. 92-203; s. 6, ch. 94-194; s. 4, ch. 2003-35.