Bill Text: FL H0949 | 2011 | Regular Session | Comm Sub

---

Bill Title: Pest Control

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-03 - Ordered enrolled -HJ 1103 [H0949 Detail]

Download: Florida-2011-H0949-Comm_Sub.html

---

CS/CS/CS/HB 949

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	amending s. 482.183, F.S.; providing that licensees and
18	certificateholders who practice accepted pest control
19	methods are immune from liability for violating laws
20	prohibiting cruelty to animals; providing construction;
21	amending s. 482.226, F.S.; increasing the minimum
22	financial responsibility requirements for licensees that
23	perform certain inspections; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
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	Section 5.  Section 482.183, Florida Statutes, is amended
175	to read:
176	482.183  Limitations.-
177	(1)(a)  A person may not be charged with a violation of
178	this chapter or any rule adopted pursuant to this chapter more
179	than 3 years after the date of the violation.
180	(b)(2)  For the purpose of this subsection section, a
181	charge of violation is considered to have been made upon the
182	issuance of a notice or citation by the department charging such
183	violation.
184	(2)  A person licensed or certified under this chapter who
185	practices accepted pest control methods is immune from liability
186	under s. 828.12.
187	(3)  This chapter does not exempt a person from the rules,
188	regulations, or orders of the Fish and Wildlife Conservation
189	Commission.
190	Section 6.  Subsection (6) of section 482.226, Florida
191	Statutes, is amended to read:
192	482.226  Wood-destroying organism inspection report; notice
193	of inspection or treatment; financial responsibility.-
194	(6)  Any licensee that performs wood-destroying organism
195	inspections in accordance with subsection (1) must meet minimum
196	financial responsibility in the form of errors and omissions
197	(professional liability) insurance coverage or bond in an amount
198	no less than $500,000 $50,000 in the aggregate and $250,000
199	$25,000 per occurrence, or demonstrate that the licensee has
200	equity or net worth of no less than $500,000 $100,000 as
201	determined by generally accepted accounting principles
202	substantiated by a certified public accountant's review or
203	certified audit. The licensee must show proof of meeting this
204	requirement at the time of license application or renewal
205	thereof.
206	Section 7.  This act shall take effect July 1, 2011.

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