HOUSE AMENDMENT
                                 Bill No. CS for SB 2042, 1st Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Miller offered the following:
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13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
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16  and insert in lieu thereof:  
17         Section 1.  Subsections (18) through (27) of section
18  482.021, Florida Statutes, are redesignated as subsections
19  (19) through (28), respectively, and a new subsection (18) is
20  added to that section, to read:
21         482.021  Definitions.--For the purposes of this
22  chapter, and unless otherwise required by the context, the
23  term:
24         (18)  "New construction" means the erection of a new
25  building or the construction of an addition to an existing
26  building, which encloses a space and requires a building
27  permit under applicable building codes.
28         Section 2.  Subsection (6) is added to section 482.051,
29  Florida Statutes, to read:
30         482.051  Rules.--The department has authority to adopt
31  rules pursuant to ss. 120.536(1) and 120.54 to implement the
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    File original & 9 copies    05/01/01                          
    hag0009                     04:05 pm         02042-0001-255577

HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 provisions of this chapter. Prior to proposing the adoption 2 of a rule, the department shall counsel with members of the 3 pest control industry concerning the proposed rule. The 4 department shall adopt rules for the protection of the health, 5 safety, and welfare of pest control employees and the general 6 public which require: 7 (6) That the department may issue an immediate 8 stop-use or stop-work order for fumigation performed in 9 violation of fumigant label requirements or department rules, 10 or in a manner that presents an immediate serious danger to 11 the health, safety, or welfare of the public, including, but 12 not limited to, failure to use required personal protective 13 equipment, failure to use a required warning agent, failure to 14 post required warning signs, failure to secure a structure's 15 usual entrances as required, or using a fumigant in a manner 16 that will likely result in hazardous exposure to humans, 17 animals, or the environment. 18 Section 3. Section 482.0815, Florida Statutes, is 19 created to read: 20 482.0815 Permit to perform preventive termite 21 treatment services for new construction only.-- 22 (1) A licensee must have a permit to perform 23 preventive termite treatments for new construction, except for 24 preventive termite treatments on additions to existing 25 structures for which the licensee has a current termite 26 treatment contract. 27 (2) A permit shall be automatically renewed upon 28 renewal of the license held by the licensee, unless the permit 29 has been suspended, revoked, or otherwise denied. 30 (3) A permit shall be probationary for 120 days after 31 a licensee is found to be in violation of s. 482.051(5) or a 2 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 rule relating to the application of specific amounts, 2 concentrations, and treatment areas, except for provisions 3 governing recordkeeping. A licensee whose permit is on 4 probationary status must provide advance notice to the 5 department of any preventive treatment planned for new 6 construction. 7 (4) A licensee's permit shall be suspended for a 8 30-day to 90-day period if: 9 (a) The licensee whose permit is on probationary 10 status violates s. 482.051(5) or a rule relating to the 11 application of specific amounts, concentrations, or treatment 12 areas, except for provisions governing recordkeeping, at three 13 or more sites on three or more separate dates; 14 (b) The licensee violates s. 482.051(3) or a rule with 15 respect to three contracts within 2 years and the violation is 16 failure to comply with contractual obligations to re-treat a 17 wood-destroying-organism infestation or to repair damage 18 caused by wood-destroying organisms when required by the 19 contract. If a licensee makes a good-faith offer to repair 20 damage covered by a valid contract, the licensee must be 21 considered to be in compliance with the contractual 22 obligation; 23 (c) The licensee violates subsection (9); or 24 (d) The licensee violates the recordkeeping 25 requirements of s. 482.051(5) three or more times within 2 26 years. 27 (5) A suspended permit may be reinstated after the 28 period of the suspension if the licensee's license is in good 29 standing. 30 (6) The permit of a licensee whose permit has been 31 suspended within the previous 3 years shall be revoked if the 3 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 licensee subsequently meets any of the conditions of 2 subsection (4). 3 (7) The department may not issue a permit or renew the 4 permit to perform preventive termite treatments if the 5 applicant or licensee or any of its directors, officers, 6 owners, or general partners are or were directors, officers, 7 owners, or general partners of a pest control business that 8 went out of business or sold the business within 5 years 9 immediately preceding the date of application or renewal and 10 failed to reimburse the prorated renewal fee of any customer's 11 remaining wood-destroying-organism contract periods or failed 12 to provide for another licensed pest control operator to 13 assume its existing wood-destroying-organism contract 14 responsibility. 15 (8) A licensee must conspicuously display its current 16 permit at all business locations, each of which must have a 17 separate permit. 18 (9) A licensee holding a permit must maintain accurate 19 records of all pesticides purchased, obtained, or available 20 for its use; the total amount of the area treated using soil 21 applied termiticides; and the total number of sites treated 22 using this and any other method of treatment. These records 23 must be made available to the department upon request. The 24 amount of pesticides purchased, obtained, or otherwise 25 available must at least equal the amount required by the 26 pesticide label to treat the area or number of sites treated. 27 (10) The department shall suspend the license of any 28 licensee who performs preventive termite treatments for new 29 construction while its permit is suspended or revoked. 30 (11) The department shall adopt rules necessary to 31 administer this section. 4 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 Section 4. Subsection (10) is added to section 2 482.091, Florida Statutes, to read: 3 482.091 Employee identification cards.-- 4 (10) In addition to the training required by s. 5 482.091(3), each identification cardholder must receive 4 6 hours of classroom training in pesticide safety, integrated 7 pest management, and applicable federal and state laws and 8 rules within 6 months after issuance of the card or must have 9 received such training within 2 years before issuance of the 10 card. Each cardholder must receive at least 2 hours of 11 continuing training in pesticide safety, integrated pest 12 management, and applicable federal and state laws and rules by 13 the renewal date of the card. Certified operators who maintain 14 their certificates in good standing are exempt from this 15 subsection. The department shall adopt rules regarding 16 verification of such training. 17 Section 5. Paragraph (b) of subsection (2) of section 18 482.132, Florida Statutes, is amended to read: 19 482.132 Qualifications for examination and 20 certification.-- 21 (2) Each applicant for examination for a pest control 22 operator's certificate must possess the minimum qualifications 23 specified in one of the following paragraphs: 24 (b) A degree with advanced training or a major in 25 entomology, botany, agronomy, or horticulture from a 26 recognized college or university, which training or major 27 included the completion of at least 20 semester hours or 30 28 quarter hours of college credits in those subjects, plus 1 29 year's employment as a service employee of a licensee that 30 performs pest control in the category or categories in which 31 the applicant seeks certification or the successful completion 5 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 of a 1-year entomology program at a public university in this 2 state which specializes in urban pest management and includes 3 practical pest management experience. If such advanced 4 training or major is in entomology, the applicant is qualified 5 for examination in all categories; but if such advanced 6 training or major is in botany, agronomy, or horticulture, the 7 applicant is qualified for examination only in the category of 8 lawn and ornamental pest control. 9 Section 6. Subsection (4) of section 482.161, Florida 10 Statutes, is amended to read: 11 482.161 Disciplinary grounds and actions; 12 reinstatement.-- 13 (4) Any charge of a violation of this chapter or of 14 the rules adopted pursuant to this chapter by a licensee 15 affects only the license or permit of the business location 16 from which the violation is alleged to have occurred. Another 17 license or permit may not be issued to the same licensee, or 18 to any person who has an ownership interest in the suspended 19 or revoked business license of the licensee and who knew or 20 should have known of the violation that resulted in the 21 suspension or revocation, for a new business location in the 22 same county or any contiguous county for a period of 3 years 23 after the effective date of the suspension or revocation. 24 Section 7. Subsection (1) of section 482.242, Florida 25 Statutes, is amended to read: 26 482.242 Preemption.-- 27 (1) This chapter is intended as comprehensive and 28 exclusive regulation of pest control in this state. The 29 provisions of this chapter preempt to the state all regulation 30 of the activities and operations of pest control services, 31 including the pesticides used pursuant to labeling and 6 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 registration approved under chapter 487. No local government 2 or political subdivision of the state may enact or enforce an 3 ordinance that regulates pest control, except that the 4 preemption in this section does not prohibit a local 5 government or political subdivision from enacting an ordinance 6 regarding any of the following: 7 (a) Local occupational licenses adopted pursuant to 8 chapter 205. 9 (b) Land development regulations adopted pursuant to 10 chapter 163 which include regulation of any aspect of 11 development, including a subdivision, building construction, 12 sign regulation or any other regulation concerning the 13 development of land, or landscaping or tree protection 14 ordinances which do not include pesticide application 15 restrictions. 16 (c) Regulations that: 17 1. Require, for multi-complex dwellings in excess of 18 10 units, annual termite inspections for termite activity or 19 damage, including Formosan termites, which must be performed 20 by a person licensed under this chapter. 21 2. Require pest control treatments of structures that 22 have termite activity or damage which must be performed by a 23 person licensed under this chapter. 24 3. Require property owners or other persons to obtain 25 inspections or pest control treatments performed by a person 26 licensed under this chapter. 27 28 An ordinance by a local government or political subdivision 29 which requires an annual inspection or pest control treatment 30 must conform to current law. 31 (d)(c) Protection of wellhead protection areas and 7 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 high recharge areas. 2 (e)(d) Hazardous materials reporting as set forth in 3 part II of chapter 252, storage, and containment including as 4 relating to stormwater management. 5 (f)(e) Hazardous material unlawful discharge and 6 disposal. 7 (g)(f) Hazardous materials remediation. 8 Section 8. This act shall take effect July 1, 2001. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 1, lines 3-24, 14 remove from the title of the bill: all of said lines 15 16 and insert in lieu thereof: 17 amending s. 482.021, F.S.; defining the term 18 "new construction"; amending s. 482.051, F.S.; 19 providing for the issuance of stop-work orders 20 where fumigations are being performed in 21 certain situations; creating s. 482.0815, F.S.; 22 requiring licensees to hold a permit before 23 performing preventive termite treatments for 24 new construction; providing procedures for the 25 issuance of permits and providing penalties for 26 specified violations; providing for the 27 adoption of rules; amending s. 482.091, F.S.; 28 requiring certain cardholders to obtain 29 specified classroom training; amending s. 30 482.132, F.S.; providing alternative 31 educational requirements for pest control 8 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577
HOUSE AMENDMENT Bill No. CS for SB 2042, 1st Eng. Amendment No. ___ (for drafter's use only) 1 operator's certificate applicants; amending s. 2 482.161, F.S.; limiting the application of 3 sanctions for violations by licensees with 4 multiple business locations; amending s. 5 482.242, F.S.; providing additional exceptions 6 to the state's preemption of pest control 7 regulation; providing an effective date. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 File original & 9 copies 05/01/01 hag0009 04:05 pm 02042-0001-255577