Florida Senate - 2011                      CS for CS for SB 1290
       
       
       
       By the Committees on Environmental Preservation and
       Conservation; and Agriculture; and Senator Dean
       
       
       
       592-03432-11                                          20111290c2
    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.;
    7         increasing the minimum bodily injury and property
    8         damage insurance coverage required for pest control
    9         businesses; creating s. 482.072, F.S.; providing for
   10         licensure by the department of pest control customer
   11         contact centers; providing application requirements;
   12         providing for fees, licensure renewal, penalties,
   13         licensure expiration, and transfer of licenses;
   14         creating s. 482.157, F.S.; providing for the
   15         certification of commercial wildlife trappers;
   16         providing certification requirements, examination
   17         requirements, and fees; limiting the scope of work
   18         permitted by certificateholders; clarifying that
   19         licensees and certificateholders who practice accepted
   20         pest control methods are immune from liability for
   21         violating laws prohibiting cruelty to animals;
   22         amending s. 482.226, F.S.; increasing the minimum
   23         financial responsibility requirements for licensees
   24         that perform certain inspections; providing an
   25         effective date.
   26  
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Subsection (4) of section 482.051, Florida
   30  Statutes, is amended to read:
   31         482.051 Rules.—The department has authority to adopt rules
   32  pursuant to ss. 120.536(1) and 120.54 to implement the
   33  provisions of this chapter. Prior to proposing the adoption of a
   34  rule, the department shall counsel with members of the pest
   35  control industry concerning the proposed rule. The department
   36  shall adopt rules for the protection of the health, safety, and
   37  welfare of pest control employees and the general public which
   38  require:
   39         (4) That a licensee, before performing general fumigation,
   40  notify in writing the department inspector having jurisdiction
   41  over the location where the fumigation is to be performed, which
   42  notice must be received by the department inspector at least 24
   43  hours in advance of the fumigation and must contain such
   44  information as the department requires. However, in an authentic
   45  and verifiable emergency, when 24 hours’ advance notification is
   46  not possible, advance telephone, facsimile, or any other form of
   47  acceptable electronic communication or telegraph notice may be
   48  given; but such notice must be immediately followed by written
   49  confirmation providing the required information.
   50         Section 2. Subsection (4) of section 482.071, Florida
   51  Statutes, is amended to read:
   52         482.071 Licenses.—
   53         (4) A licensee may not operate a pest control business
   54  without carrying the required insurance coverage. Each person
   55  making application for a pest control business license or
   56  renewal thereof must furnish to the department a certificate of
   57  insurance that meets the requirements for minimum financial
   58  responsibility for bodily injury and property damage consisting
   59  of:
   60         (a) Bodily injury: $250,000 $100,000 each person and
   61  $500,000 $300,000 each occurrence; and property damage: $250,000
   62  $50,000 each occurrence and $500,000 $100,000 in the aggregate;
   63  or
   64         (b) Combined single-limit coverage: $400,000 in the
   65  aggregate.
   66         Section 3. Section 482.072, Florida Statutes, is created to
   67  read:
   68         482.072Pest control customer contact centers.—
   69         (1) The department may issue a license to operate a
   70  customer contact center from which to solicit pest control
   71  business or provide services to customers for one or more
   72  business locations licensed under s. 482.071. A person may not
   73  operate a customer contact center for a pest control business
   74  which is not licensed by the department.
   75         (2)(a) Before operating a customer contact center, and
   76  biennially thereafter, on or before a renewal date set by the
   77  department, a pest control business must apply to the department
   78  for a license or license renewal for each customer contact
   79  center location it operates. An application must be submitted in
   80  the format prescribed by the department.
   81         (b) The department shall establish a licensure fee of at
   82  least $600, but not more than $1,000, and a renewal fee of at
   83  least $600, but not more than $1,000, for a customer contact
   84  center license. However, until renewal fee rules are adopted,
   85  the initial license and renewal fees are each $600. The
   86  department shall establish a grace period, not to exceed 30 days
   87  after the renewal date, and shall assess a late fee of $150, in
   88  addition to the renewal fee, for a license that is renewed after
   89  the grace period.
   90         (c) A license automatically expires if it is not renewed
   91  within 60 days after the renewal date and may be reinstated only
   92  upon reapplication and payment of the license renewal fee and
   93  late fee.
   94         (d) A license automatically expires if a licensee changes
   95  its customer contact center business location. The department
   96  shall issue a new license upon payment of a $250 fee, which must
   97  be renewed by the renewal date for the former location’s
   98  license. A new license that is not renewed within 60 days after
   99  the renewal date of the license for the former business location
  100  automatically expires.
  101         (e) The department may not issue or renew a license to
  102  operate a customer contact center unless the pest control
  103  business licensees for whom it solicits business are owned in
  104  common by a person or business entity recognized by this state.
  105         (f) The department may deny a license or refuse to renew a
  106  license if the applicant or licensee, or one or more of the
  107  applicant’s or licensee’s directors, officers, owners, or
  108  general partners, are or have been directors, officers, owners,
  109  or general partners of a pest control business that meets the
  110  conditions in s. 482.071(2)(g).
  111         (g) Sections 482.091 and 482.152 do not apply to a person
  112  who solicits pest control services or provides customer service
  113  in a licensed customer contact center unless the person performs
  114  the pest control work as defined in s. 482.021(22)(a)-(d),
  115  executes a pest control contract, or accepts remuneration for
  116  such work.
  117         (h) Section 482.071(2)(e) does not apply to a license
  118  issued under this section.
  119         (3)(a) The department shall adopt rules establishing
  120  requirements and procedures for recordkeeping and monitoring
  121  customer contact center operations to ensure compliance with
  122  this chapter and rules adopted hereunder.
  123         (b) Notwithstanding any other provision of this chapter:
  124         1. A customer contact center licensee is subject to
  125  disciplinary action under s. 482.161 for a violation of this
  126  chapter or a rule adopted hereunder committed by a person who
  127  solicits pest control services or provides customer service in a
  128  customer contact center.
  129         2. A pest control business licensee may be subject to
  130  disciplinary action under s. 482.161 for a violation committed
  131  by a person who solicits pest control services or provides
  132  customer service in a customer contact center operated by the
  133  licensee if the licensee participates in the violation.
  134         Section 4. Section 482.157, Florida Statutes, is created to
  135  read:
  136         482.157Limited 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, or 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  showing that the applicant has met the minimum financial bodily
  153  injury 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) Persons licensed under this chapter who practice
  175  accepted pest control methods are 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.