Senate Bill sb2042er

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


    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1                                 

  2         An act relating to pest control operators;

  3         amending s. 482.021, F.S.; defining the term

  4         "new construction"; amending s. 482.051, F.S.;

  5         providing for the issuance of stop-work orders

  6         where fumigations are being performed in

  7         certain situations; creating s. 482.0815, F.S.;

  8         requiring licensees to hold a permit before

  9         performing preventive termite treatments for

10         new construction; providing procedures for the

11         issuance of permits and providing penalties for

12         specified violations; providing for the

13         adoption of rules; amending s. 482.091, F.S.;

14         requiring certain cardholders to obtain

15         specified classroom training; amending s.

16         482.132, F.S.; providing alternative

17         educational requirements for pest control

18         operator's certificate applicants; amending s.

19         482.161, F.S.; limiting the application of

20         sanctions for violations by licensees with

21         multiple business locations; amending s.

22         482.242, F.S.; providing additional exceptions

23         to the state's preemption of pest control

24         regulation; providing an effective date.

25  

26  Be It Enacted by the Legislature of the State of Florida:

27  

28         Section 1.  Subsections (18) through (27) of section

29  482.021, Florida Statutes, are redesignated as subsections

30  (19) through (28), respectively, and a new subsection (18) is

31  added to that section, to read:


                                  1

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1         482.021  Definitions.--For the purposes of this

  2  chapter, and unless otherwise required by the context, the

  3  term:

  4         (18)  "New construction" means the erection of a new

  5  building or the construction of an addition to an existing

  6  building, which encloses a space and requires a building

  7  permit under applicable building codes.

  8         Section 2.  Subsection (6) is added to section 482.051,

  9  Florida Statutes, to read:

10         482.051  Rules.--The department has authority to adopt

11  rules pursuant to ss. 120.536(1) and 120.54 to implement the

12  provisions of this chapter.  Prior to proposing the adoption

13  of a rule, the department shall counsel with members of the

14  pest control industry concerning the proposed rule.  The

15  department shall adopt rules for the protection of the health,

16  safety, and welfare of pest control employees and the general

17  public which require:

18         (6)  That the department may issue an immediate

19  stop-use or stop-work order for fumigation performed in

20  violation of fumigant label requirements or department rules,

21  or in a manner that presents an immediate serious danger to

22  the health, safety, or welfare of the public, including, but

23  not limited to, failure to use required personal protective

24  equipment, failure to use a required warning agent, failure to

25  post required warning signs, failure to secure a structure's

26  usual entrances as required, or using a fumigant in a manner

27  that will likely result in hazardous exposure to humans,

28  animals, or the environment.

29         Section 3.  Section 482.0815, Florida Statutes, is

30  created to read:

31  


                                  2

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1         482.0815  Permit to perform preventive termite

  2  treatment services for new construction only.--

  3         (1)  A licensee must have a permit to perform

  4  preventive termite treatments for new construction, except for

  5  preventive termite treatments on additions to existing

  6  structures for which the licensee has a current termite

  7  treatment contract.

  8         (2)  A permit shall be automatically renewed upon

  9  renewal of the license held by the licensee, unless the permit

10  has been suspended, revoked, or otherwise denied.

11         (3)  A permit shall be probationary for 120 days after

12  a licensee is found to be in violation of s. 482.051(5) or a

13  rule relating to the application of specific amounts,

14  concentrations, and treatment areas, except for provisions

15  governing recordkeeping. A licensee whose permit is on

16  probationary status must provide advance notice to the

17  department of any preventive treatment planned for new

18  construction.

19         (4)  A licensee's permit shall be suspended for a

20  30-day to 90-day period if:

21         (a)  The licensee whose permit is on probationary

22  status violates s. 482.051(5) or a rule relating to the

23  application of specific amounts, concentrations, or treatment

24  areas, except for provisions governing recordkeeping, at three

25  or more sites on three or more separate dates;

26         (b)  The licensee violates s. 482.051(3) or a rule with

27  respect to three contracts within 2 years and the violation is

28  failure to comply with contractual obligations to re-treat a

29  wood-destroying-organism infestation or to repair damage

30  caused by wood-destroying organisms when required by the

31  contract. If a licensee makes a good-faith offer to repair


                                  3

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1  damage covered by a valid contract, the licensee must be

  2  considered to be in compliance with the contractual

  3  obligation;

  4         (c)  The licensee violates subsection (9); or

  5         (d)  The licensee violates the recordkeeping

  6  requirements of s. 482.051(5) three or more times within 2

  7  years.

  8         (5)  A suspended permit may be reinstated after the

  9  period of the suspension if the licensee's license is in good

10  standing.

11         (6)  The permit of a licensee whose permit has been

12  suspended within the previous 3 years shall be revoked if the

13  licensee subsequently meets any of the conditions of

14  subsection (4).

15         (7)  The department may not issue a permit or renew the

16  permit to perform preventive termite treatments if the

17  applicant or licensee or any of its directors, officers,

18  owners, or general partners are or were directors, officers,

19  owners, or general partners of a pest control business that

20  went out of business or sold the business within 5 years

21  immediately preceding the date of application or renewal and

22  failed to reimburse the prorated renewal fee of any customer's

23  remaining wood-destroying-organism contract periods or failed

24  to provide for another licensed pest control operator to

25  assume its existing wood-destroying-organism contract

26  responsibility.

27         (8)  A licensee must conspicuously display its current

28  permit at all business locations, each of which must have a

29  separate permit.

30         (9)  A licensee holding a permit must maintain accurate

31  records of all pesticides purchased, obtained, or available


                                  4

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1  for its use; the total amount of the area treated using soil

  2  applied termiticides; and the total number of sites treated

  3  using this and any other method of treatment. These records

  4  must be made available to the department upon request. The

  5  amount of pesticides purchased, obtained, or otherwise

  6  available must at least equal the amount required by the

  7  pesticide label to treat the area or number of sites treated.

  8         (10)  The department shall suspend the license of any

  9  licensee who performs preventive termite treatments for new

10  construction while its permit is suspended or revoked.

11         (11)  The department shall adopt rules necessary to

12  administer this section.

13         Section 4.  Subsection (10) is added to section

14  482.091, Florida Statutes, to read:

15         482.091  Employee identification cards.--

16         (10)  In addition to the training required by s.

17  482.091(3), each identification cardholder must receive 4

18  hours of classroom training in pesticide safety, integrated

19  pest management, and applicable federal and state laws and

20  rules within 6 months after issuance of the card or must have

21  received such training within 2 years before issuance of the

22  card. Each cardholder must receive at least 2 hours of

23  continuing training in pesticide safety, integrated pest

24  management, and applicable federal and state laws and rules by

25  the renewal date of the card. Certified operators who maintain

26  their certificates in good standing are exempt from this

27  subsection. The department shall adopt rules regarding

28  verification of such training.

29         Section 5.  Paragraph (b) of subsection (2) of section

30  482.132, Florida Statutes, is amended to read:

31  


                                  5

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1         482.132  Qualifications for examination and

  2  certification.--

  3         (2)  Each applicant for examination for a pest control

  4  operator's certificate must possess the minimum qualifications

  5  specified in one of the following paragraphs:

  6         (b)  A degree with advanced training or a major in

  7  entomology, botany, agronomy, or horticulture from a

  8  recognized college or university, which training or major

  9  included the completion of at least 20 semester hours or 30

10  quarter hours of college credits in those subjects, plus 1

11  year's employment as a service employee of a licensee that

12  performs pest control in the category or categories in which

13  the applicant seeks certification or the successful completion

14  of a 1-year entomology program at a public university in this

15  state which specializes in urban pest management and includes

16  practical pest management experience. If such advanced

17  training or major is in entomology, the applicant is qualified

18  for examination in all categories; but if such advanced

19  training or major is in botany, agronomy, or horticulture, the

20  applicant is qualified for examination only in the category of

21  lawn and ornamental pest control.

22         Section 6.  Subsection (4) of section 482.161, Florida

23  Statutes, is amended to read:

24         482.161  Disciplinary grounds and actions;

25  reinstatement.--

26         (4)  Any charge of a violation of this chapter or of

27  the rules adopted pursuant to this chapter by a licensee

28  affects only the license or permit of the business location

29  from which the violation is alleged to have occurred. Another

30  license or permit may not be issued to the same licensee, or

31  to any person who has an ownership interest in the suspended


                                  6

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1  or revoked business license of the licensee and who knew or

  2  should have known of the violation that resulted in the

  3  suspension or revocation, for a new business location in the

  4  same county or any contiguous county for a period of 3 years

  5  after the effective date of the suspension or revocation.

  6         Section 7.  Subsection (1) of section 482.242, Florida

  7  Statutes, is amended to read:

  8         482.242  Preemption.--

  9         (1)  This chapter is intended as comprehensive and

10  exclusive regulation of pest control in this state.  The

11  provisions of this chapter preempt to the state all regulation

12  of the activities and operations of pest control services,

13  including the pesticides used pursuant to labeling and

14  registration approved under chapter 487.  No local government

15  or political subdivision of the state may enact or enforce an

16  ordinance that regulates pest control, except that the

17  preemption in this section does not prohibit a local

18  government or political subdivision from enacting an ordinance

19  regarding any of the following:

20         (a)  Local occupational licenses adopted pursuant to

21  chapter 205.

22         (b)  Land development regulations adopted pursuant to

23  chapter 163 which include regulation of any aspect of

24  development, including a subdivision, building construction,

25  sign regulation or any other regulation concerning the

26  development of land, or landscaping or tree protection

27  ordinances which do not include pesticide application

28  restrictions.

29         (c)  Regulations that:

30         1.  Require, for multi-complex dwellings in excess of

31  10 units, annual termite inspections for termite activity or


                                  7

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




    ENROLLED

    2001 Legislature                 CS for SB 2042, 2nd Engrossed



  1  damage, including Formosan termites, which must be performed

  2  by a person licensed under this chapter.

  3         2.  Require pest control treatments of structures that

  4  have termite activity or damage which must be performed by a

  5  person licensed under this chapter.

  6         3.  Require property owners or other persons to obtain

  7  inspections or pest control treatments performed by a person

  8  licensed under this chapter.

  9  

10  An ordinance by a local government or political subdivision

11  which requires an annual inspection or pest control treatment

12  must conform to current law.

13         (d)(c)  Protection of wellhead protection areas and

14  high recharge areas.

15         (e)(d)  Hazardous materials reporting as set forth in

16  part II of chapter 252, storage, and containment including as

17  relating to stormwater management.

18         (f)(e)  Hazardous material unlawful discharge and

19  disposal.

20         (g)(f)  Hazardous materials remediation.

21         Section 8.  This act shall take effect July 1, 2001.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  


                                  8

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