CS/HB 651

1	A bill to be entitled
2	An act relating to arboriculture; creating ch. 598, F.S.;
3	providing a short title; providing a purpose statement;
4	providing definitions; providing an exception; providing
5	powers and duties of the Department of Agriculture and
6	Consumer Services; providing rulemaking authority;
7	establishing a fee schedule for licensure; providing for
8	deposit and use of fee proceeds; establishing licensure
9	procedures and requirements to practice arboriculture and
10	provide arboriculture services; providing for issuance of
11	a license; providing for license suspension or revocation;
12	providing for license renewal; providing for reactivation
13	of a license under certain conditions; providing for
14	issuance of a duplicate license under certain
15	circumstances; requiring a roster of licensed arborists;
16	providing an appropriation; providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.  Chapter 598, Florida Statutes, consisting of
21	sections 598.001, 598.002, 598.003, 598.004, 598.005, 598.006,
22	598.007, 598.008, 598.009, and 598.011, is created to read:
23	CHAPTER 598
24	ARBORICULTURE
25	598.001  Short title.--This chapter may be cited as the
26	"Florida Arborist Licensing Law."
27	598.002  Purpose.--It is declared to be the public policy
28	of the state that, in order to safeguard life, health, and
29	property; the mitigation of property insurance; the cleanup of
30	damage from hurricanes, tropical storms, and other severe storm
31	events; and the public well-being of its citizens, any person
32	practicing or offering to practice arboriculture in this state
33	as a licensed arborist shall meet the requirements of this
34	chapter.
35	598.003  Definitions.--As used in this chapter:
36	(1)  "Arboriculture" or "arboriculture services" means:
37	(a)  Any tree service, including, but not limited to, a
38	written or oral report, a recommendation, an opinion, or a
39	consultation done for compensation relating to the improvement
40	of the condition of shade, ornamental, palm, or fruit trees by
41	fertilizing, pruning, trimming, bracing, or other methods of
42	improving, diagnosing, or protecting such trees from tree pests,
43	excluding activities regulated under chapter 482 and the
44	activities of a nursery as defined in s. 581.011(20) and (22),
45	or diagnosing or protecting such trees from tree diseases and
46	abiotic agents, or curing or repairing any damage to such trees,
47	including, but not limited to, pruning, removal, preservation,
48	repair, cabling and bracing, lightning protection, root pruning,
49	root excavation, tree assessments, tree maintenance and care,
50	trimming, cutting, sawing, or removal of trees that have been
51	damaged to such an extent as to cause or threaten injury to life
52	or property.
53	(b)  A service performed in connection with post-storm
54	cleanup of damage from hurricanes, tropical storms, and other
55	storm events that involves substantial work hours. A post-storm
56	cleanup service includes, but is not limited to, storm damage
57	resulting in downed, damaged, or uprooted trees, or parts of
58	trees, of substantial size and weight in excess of 50 pounds
59	that threaten the structural integrity of residential or
60	commercial structures; involve any type of power lines; impede
61	traffic on streets, driveways, and other vehicular access roads;
62	require extensive use of compression or chain saws; and involve
63	any related skilled service.
64	(c)  A landscape architect licensed under part II of
65	chapter 481 is authorized to practice arboriculture; however, as
66	provided in s. 598.006(4), only a person licensed under this
67	chapter may hold herself or himself out as a state-licensed
68	arborist.
69	(2)  "Arborist of record" means a Florida-licensed arborist
70	in good standing who is employed by or contracting with a firm,
71	corporation, partnership, employer, or person; who supervises
72	employees providing arboriculture services; and who issues
73	authorization cards to persons performing services under her or
74	his supervision.
75	(3)  "Department" means the Department of Agriculture and
76	Consumer Services.
77	(4)  "Landscape tree maintenance" means maintenance
78	performed when standing on the ground or when performed on trees
79	less than 4 inches in diameter at breast height as defined by
80	the most current edition of the Guide to Plant Appraisal.
81	(5)  "Licensed arborist" means a person who has fulfilled
82	the International Society of Arboriculture requirements for
83	arborist certification or for certification as a Board Certified
84	Master Arborist, whose certification is current, and who meets
85	the requirements of s. 598.006.
86	(6)  "Person" means a person as defined in s. 1.01(3).
87	(7)  "Practice of arboriculture" means the performance of,
88	or offer to perform, an arboriculture service, including, but
89	not limited to, a written or oral report, consultation,
90	investigation, evaluation, or planning, relating to
91	arboriculture, excluding landscape tree maintenance as defined
92	in this section and as otherwise excluded by this chapter. A
93	person shall be construed to be engaged in the practice of
94	arboriculture if she or he:
95	(a)  By verbal claim, sign, advertisement, letterhead,
96	card, or any other means represents herself or himself to be an
97	arborist;
98	(b)  Through the use of some title implies that she or he
99	is an arborist licensed under this chapter; or
100	(c)  Holds herself or himself out as able to perform or
101	does perform any arboriculture services or work recognized as an
102	arborist.
103	598.004  Powers and duties of the Department of Agriculture
104	and Consumer Services; rulemaking.--The department shall have
105	all powers and duties necessary to implement the provisions of
106	this chapter, including, but not limited to, the authority to
107	adopt rules pursuant to ss. 120.536(1) and 120.54 to implement
108	the following:
109	(1)  Organizational and operational guidance regarding the
110	practice of arboriculture, arborists of record, and the
111	requirements of the law regarding licensed arborists.
112	(2)  Licensure process, including, but not limited to,
113	requirements and procedures for licensure; insurance
114	requirements and standards of the International Society of
115	Arboriculture for licensed arborists; authorization cards;
116	annual license renewal; language relating to licensure that may
117	be used by licensed arborists for public information; duplicate
118	licenses; lost, destroyed, or mutilated licenses; and inactive
119	and reactivated licenses.
120	(3)  Setting of fees for licensure and annual renewal and
121	other license fees as provided in s. 598.005.
122	(4)  Provision of a roster of licensed arborists.
123	598.005  Fees.--
124	(1)  The department shall by rule set fees as provided in
125	this section. The amount of the fees shall not exceed the cost
126	of the implementing, reviewing, or administrative processing of
127	the particular activity or process. The fees shall be set
128	according to the following schedule:
129	(a)  A nonrefundable licensure application fee not to
130	exceed $300.
131	(b)  An annual renewal fee not to exceed $300.
132	(c)  A fee for reactivation of an inactive license not to
133	exceed $100.
134	(2)  Fees collected under this chapter shall be deposited
135	into the Incidental Trust Fund of the Division of Forestry of
136	the department and shall be used to defray expenses in the
137	administration of this chapter.
138	598.006  Licensure procedures and requirements; issuance of
139	licenses.--
140	(1)  Each applicant for licensure shall:
141	(a)  Submit to the department an application for licensure
142	that has been reviewed by the Florida Chapter, Board of
143	Directors, International Society of Arboriculture, Inc., for
144	completeness and compliance with this section, together with the
145	nonrefundable fee;
146	(b)  Furnish proof that she or he is at least 18 years of
147	age;
148	(c)  Disclose any act or offense or investigation of such
149	act or offense in any jurisdiction related to the applicant's
150	ability to practice arboriculture;
151	(d)  Submit evidence of current certification by the
152	International Society of Arboriculture as a Certified Arborist
153	or as a Board Certified Master Arborist;
154	(e)  Provide proof of liability, required workers'
155	compensation, and errors and omissions insurance; however, an
156	applicant employed by a statutorily recognized governmental
157	entity shall not be required to carry errors and omissions
158	insurance or liability insurance if the entity is self-insured.
159	Within 30 days after the termination of the person's employment
160	with the governmental entity, the person shall fully comply with
161	the requirements of this subsection; and
162	(f)  Submit a signed statement that the applicant will
163	comply with current industry standards, including, but not
164	limited to, ANSI Z-133-1 and A-300 series and any other related
165	standards of the International Society of Arboriculture and best
166	management practices adopted by rule by the department.
167	(2)  The department, if it has knowledge, shall not issue a
168	license to any applicant who has committed an act or offense or
169	who is under investigation pending its outcome in any
170	jurisdiction for an offense related to her or his ability to
171	practice arboriculture.
172	(3)  Any person licensed under this section who fails to
173	maintain compliance with subsection (1) shall have her or his
174	license suspended or revoked by the department.
175	(4)  A person may not hold herself or himself out as a
176	licensed Florida arborist unless the person has been issued a
177	license pursuant to this chapter.
178	(5)  All final arboriculture papers or documents involving
179	the practice of the profession of arboriculture under the
180	supervision of a Florida-licensed arborist of record that have
181	been prepared or approved for use by a firm, corporation,
182	partnership, or person, for delivery to any person for public
183	record within the state, shall be dated and bear the signature
184	and seal of the Florida-licensed arborist of record who
185	prepared, supervised, or approved the documents and who was
186	responsible for the supervision of persons performing
187	arboricultural services.
188	598.007  Renewal of licenses; notice of address of primary
189	place of business.--
190	(1)  The department shall renew a license upon receipt of
191	satisfactory evidence that the applicant's International Society
192	of Arboriculture certification is current and that the applicant
193	is otherwise in compliance with this chapter and department
194	rules.
195	(2)  The licensed arborist must have on file with the
196	department the address of her or his primary place of practice.
197	Within 30 days after changing the address of her or his primary
198	place of practice, the licensed arborist must notify the
199	department of the address of the new primary place of practice.
200	598.008  Inactive licenses; reactivated licenses; suspended
201	or revoked licenses.--A licensed arborist whose license has
202	become inactive, suspended, or revoked shall have her or his
203	license reactivated only upon written request to the department
204	and approval by the department to reactivate the license.
205	598.009  Lost, destroyed, stolen, or mutilated licenses.--A
206	duplicate license for a licensed arborist may be issued to
207	replace a license that has been lost, destroyed, stolen, or
208	mutilated, subject to rules of the department. Licenses issued
209	under this section shall be marked with the word "DUPLICATE."
210	598.011  Roster of licensed arborists.--The department
211	shall maintain a roster showing the names and places of business
212	of all licensed arborists in the state, based on requests for
213	licensure.
214	Section 2.  There is hereby appropriated to the Department
215	of Agriculture and Consumer Services one position and associated
216	rate and expenses of $72,280 from the Incidental Trust Fund in
217	order to carry out the provisions of this act.
218	Section 3.  This act shall take effect July 1, 2008.

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