Florida Senate - 2011                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2076
                                Barcode 917972                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 2/AD/2R         .                                
             05/05/2011 02:56 PM       .                                

       Senator Siplin moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 358 - 581
    4  and insert:
    5         Section 6. Subsection (4) of section 482.051, Florida
    6  Statutes, is amended to read:
    7         482.051 Rules.—The department has authority to adopt rules
    8  pursuant to ss. 120.536(1) and 120.54 to implement the
    9  provisions of this chapter. Prior to proposing the adoption of a
   10  rule, the department shall counsel with members of the pest
   11  control industry concerning the proposed rule. The department
   12  shall adopt rules for the protection of the health, safety, and
   13  welfare of pest control employees and the general public which
   14  require:
   15         (4) That a licensee, before performing general fumigation,
   16  notify in writing the department inspector having jurisdiction
   17  over the location where the fumigation is to be performed, which
   18  notice must be received by the department inspector at least 24
   19  hours before in advance of the fumigation and must contain such
   20  information as the department requires. However, in an authentic
   21  and verifiable emergency, when 24 hours’ advance notice
   22  notification is not possible, advance notice may be given by
   23  telephone, facsimile, or any form of acceptable electronic
   24  communication, telegraph notice may be given; but such notice
   25  must be immediately followed by written confirmation providing
   26  the required information.
   27         Section 7. Subsection (4) of section 482.071, Florida
   28  Statutes, is amended to read:
   29         482.071 Licenses.—
   30         (4) A licensee may not operate a pest control business
   31  without carrying the required insurance coverage. Each person
   32  making application for a pest control business license or
   33  renewal thereof must furnish to the department a certificate of
   34  insurance that meets the requirements for minimum financial
   35  responsibility for bodily injury and property damage consisting
   36  of:
   37         (a) Bodily injury: $250,000 per $100,000 each person and
   38  $500,000 per $300,000 each occurrence; and property damage:
   39  $250,000 per $50,000 each occurrence and $500,000 $100,000 in
   40  the aggregate; or
   41         (b) Combined single-limit coverage: $500,000 $400,000 in
   42  the aggregate.
   43         Section 8. Section 482.072, Florida Statutes, is created to
   44  read:
   45         482.072 Pest control customer contact centers.—
   46         (1) The department may issue a license to a qualified
   47  business to operate a customer contact center, to solicit pest
   48  control business, or to provide services to customers for one or
   49  more business locations licensed under s. 482.071. A person may
   50  not operate a customer contact center for a pest control
   51  business that is not licensed by the department.
   52         (2)(a) Before operating a customer contact center, and
   53  biennially thereafter, on or before an anniversary date set by
   54  the department for a licensed customer contact center location,
   55  the pest control business must apply to the department for a
   56  license under this chapter, or a renewal thereof, for each
   57  customer contact center location. An application must be
   58  submitted in the format prescribed by the department.
   59         (b) The department shall establish a fee of at least $600,
   60  but not more than $1,000, for the issuance of a customer contact
   61  center license and a fee of at least $600, but not more than
   62  $1,000, for renewal of a customer contact center license.
   63  However, until rules for renewal fees are adopted, the initial
   64  licensing fee and renewal fee are each $600. The department
   65  shall establish a grace period, not to exceed 30 calendar days
   66  after the license’s anniversary renewal date, and shall assess a
   67  late fee of $150, in addition to the renewal fee, for a license
   68  that is renewed after the grace period.
   69         (c) A license automatically expires 60 calendar days after
   70  the anniversary renewal date unless the license is renewed
   71  before that date. When a license expires, it may be reinstated
   72  only upon reapplication and payment of the license renewal fee
   73  and a late renewal fee.
   74         (d) A license automatically expires if a licensee changes
   75  the business address of its customer contact center location.
   76  The department shall issue a new license upon payment of a $250
   77  fee. The new license automatically expires 60 calendar days
   78  after the anniversary renewal date of the former license unless
   79  the license is renewed before that date.
   80         (e) The department may not issue or renew a license to
   81  operate a customer contact center unless the pest control
   82  business licensees for which the customer contact center
   83  solicits business are owned in common by a person or business
   84  entity recognized by this state.
   85         (f) The department may deny a license or refuse to renew a
   86  license if the applicant or licensee, or one or more of the
   87  applicant’s or licensee’s directors, officers, owners, or
   88  general partners, are or have been directors, officers, owners,
   89  or general partners of a pest control business that meets the
   90  conditions in s. 482.071(2)(g).
   91         (g) Sections 482.091 and 482.152 do not apply to a person
   92  who solicits pest control services or provides customer service
   93  in a licensed customer contact center unless the person performs
   94  pest control as defined in s. 482.021(22)(a)-(d), executes a
   95  pest control contract, or accepts remuneration for such work.
   96         (h) Section 482.071(2)(e) does not apply to a license
   97  issued under this section.
   98         (3)(a) The department shall adopt rules establishing
   99  requirements and procedures for customer contact center
  100  recordkeeping and monitoring to ensure compliance with this
  101  section and rules adopted in accordance with this section.
  102         (b) Notwithstanding any other provision of this section:
  103         1. A customer contact center licensee is subject to
  104  disciplinary action under s. 482.161 for a violation of this
  105  section or a rule adopted under this section committed by a
  106  person who solicits pest control services or provides customer
  107  service in a customer contact center.
  108         2. A pest control business licensee may be subject to
  109  disciplinary action under s. 482.161 for a violation of this
  110  section or a rule adopted under this section committed by a
  111  person who solicits pest control services or provides customer
  112  service in a customer contact center operated by a licensee if
  113  the licensee participates in the violation.
  114         Section 9. Section 482.157, Florida Statutes, is created to
  115  read:
  116         482.157 Limited certification for commercial wildlife
  117  management personnel.—
  118         (1) The department shall establish a limited certificate
  119  that authorizes a person who engages in the commercial trapping
  120  of wildlife to use nonchemical methods, including traps,
  121  mechanical or electronic devices, and exclusionary techniques to
  122  control commensal rodents.
  123         (2) The department shall issue a limited certificate to an
  124  applicant who:
  125         (a) Submits an application and examination fee of at least
  126  $150, but not more than $300, as prescribed by the department by
  127  rule;
  128         (b) Passes an examination administered by the department.
  129  The department shall provide the appropriate study materials for
  130  the examination and make the examination readily available to
  131  applicants in each county as necessary, but not less frequently
  132  than quarterly; and
  133         (c) Provides proof, including a certificate of insurance,
  134  that the applicant has met the minimum bodily injury and
  135  property damage insurance requirements in s. 482.071(4).
  136         (3) An application for recertification must be made
  137  annually and be accompanied by a recertification fee of at least
  138  $75, but not more than $150, as prescribed by the department by
  139  rule. The application must also be accompanied by proof of
  140  completion of the required 4 classroom hours of acceptable
  141  continuing education and the required proof of insurance. After
  142  a grace period not exceeding 30 calendar days after the
  143  recertification renewal date, the department shall assess a late
  144  fee of $50 in addition to the renewal fee. A certificate
  145  automatically expires 180 days after the recertification date if
  146  the renewal fee has not been paid. After expiration, the
  147  department shall issue a new certificate only if the applicant
  148  successfully passes a reexamination and pays the examination fee
  149  and late fee.
  150         (4) Certification under this section does not authorize:
  151         (a) The use of pesticides or chemical substances, other
  152  than adhesive materials, to control rodents or other nuisance
  153  wildlife in, on, or under structures;
  154         (b) Operation of a pest control business; or
  155         (c) Supervision of an uncertified person using nonchemical
  156  methods to control rodents.
  157         Section 10. Section 482.183, Florida Statutes, is amended
  158  to read:
  159         482.183 Limitations.—
  160         (1)(a) A person may not be charged with a violation of this
  161  chapter or any rule adopted pursuant to this chapter more than 3
  162  years after the date of the violation.
  163         (b)(2) For the purpose of this subsection section, a charge
  164  of violation is considered to have been made upon the issuance
  165  of a notice or citation by the department charging such
  166  violation.
  167         (2) A person licensed or certified under this chapter who
  168  practices accepted pest control methods is immune from liability
  169  under s. 828.12.
  170         (3) This chapter does not exempt a person from the rules,
  171  regulations, or orders of the Fish and Wildlife Conservation
  172  Commission.
  173         Section 11. Subsection (6) of section 482.226, Florida
  174  Statutes, is amended to read:
  175         482.226 Wood-destroying organism inspection report; notice
  176  of inspection or treatment; financial responsibility.—
  177         (6) Any licensee that performs wood-destroying organism
  178  inspections in accordance with subsection (1) must meet minimum
  179  financial responsibility in the form of errors and omissions
  180  (professional liability) insurance coverage or bond in an amount
  181  no less than $500,000 $50,000 in the aggregate and $250,000
  182  $25,000 per occurrence, or demonstrate that the licensee has
  183  equity or net worth of no less than $500,000 $100,000 as
  184  determined by generally accepted accounting principles
  185  substantiated by a certified public accountant’s review or
  186  certified audit. The licensee must show proof of meeting this
  187  requirement at the time of license application or renewal
  188  thereof.
  189         Section 12. Subsection (6) of section 482.243, Florida
  190  Statutes, is amended to read:
  191         482.243 Pest Control Enforcement Advisory Council.—
  192         (6) The meetings, powers and duties, procedures, and
  193  recordkeeping, and reimbursement of expenses of members of the
  194  council shall be in accordance with the provisions of s.
  195  570.0705 relating to advisory committees established within the
  196  department.
  197         Section 13. Paragraph (a) of subsection (1) of section
  198  487.041, Florida Statutes, is amended, and paragraphs (h), (i),
  199  and (j) are added to that subsection, to read:
  200         487.041 Registration.—
  201         (1)(a) Effective January 1, 2009, each brand of pesticide,
  202  as defined in s. 487.021, which is distributed, sold, or offered
  203  for sale, except as provided in this section, within this state
  204  or delivered for transportation or transported in intrastate
  205  commerce or between points within this state through any point
  206  outside this state must be registered in the office of the
  207  department, and such registration shall be renewed biennially.
  208  Emergency exemptions from registration may be authorized in
  209  accordance with the rules of the department. The registrant
  210  shall file with the department a statement including:
  211         1. The name, business mailing address, and street address
  212  of the registrant.
  213         2. The name of the brand of pesticide.
  214         3. An ingredient statement and a complete current copy of
  215  the labeling accompanying the brand of the pesticide, which must
  216  conform to the registration, and a statement of all claims to be
  217  made for it, including directions for use and a guaranteed
  218  analysis showing the names and percentages by weight of each
  219  active ingredient, the total percentage of inert ingredients,
  220  and the names and percentages by weight of each “added
  221  ingredient.”
  222         (h) All registration fees, including supplemental fees and
  223  late fees, are nonrefundable.
  224         (i) For any currently registered pesticide product brand
  225  that undergoes labeling revisions during the registration
  226  period, the registrant shall submit to the department a copy of
  227  the revised labeling along with a cover letter detailing such
  228  revisions before the sale or distribution in this state of the
  229  product brand with the revised labeling. If the labeling
  230  revisions require notification of an amendment review by the
  231  United States Environmental Protection Agency, the registrant
  232  shall submit an additional copy of the labeling marked to
  233  identify those revisions.
  234         (j) Effective January 1, 2013, all payments of any
  235  pesticide registration fees, including supplemental fees and
  236  late fees, shall be submitted electronically using the
  237  department’s Internet website for registration of pesticide
  238  product brands.
  240  ================= T I T L E  A M E N D M E N T ================
  241         And the title is amended as follows:
  242         Delete lines 21 - 59
  243  and insert:
  244         482.051, F.S.; providing additional methods for pest
  245         control licensees to give certain emergency notice to
  246         the Department of Agriculture and Consumer Services
  247         before performing general fumigation; amending s.
  248         482.071, F.S.; revising the minimum bodily injury and
  249         property damage insurance coverage required for pest
  250         control businesses; creating s. 482.072, F.S.;
  251         providing for licensure by the department of pest
  252         control customer contact centers; providing
  253         application requirements; providing for fees,
  254         licensure renewal, licensure expiration, transfer of
  255         licenses, and penalties; creating s. 482.157, F.S.;
  256         providing for limited certification of commercial
  257         wildlife trappers; providing requirements for
  258         certification, examination, and fees; limiting the
  259         scope of work permitted by certificateholders;
  260         amending s. 482.183, F.S.; providing that licensees
  261         and certificateholders who practice accepted pest
  262         control methods are immune from liability for
  263         violating laws prohibiting cruelty to animals;
  264         providing for applicability; amending s. 482.226,
  265         F.S.; revising the minimum financial responsibility
  266         requirements for licensees that perform wood
  267         destroying organism inspections; amending s. 482.243,
  268         F.S.; deleting provisions relating to the
  269         reimbursement of members of the Pest Control
  270         Enforcement Advisory Council for expenses; amending s.
  271         487.041, F.S.; providing that registration,
  272         supplemental, and late fees related to the
  273         registration of pesticide brands with the department
  274         are nonrefundable; providing requirements for label
  275         revisions of pesticide brands; providing requirements
  276         for label revisions that must be reviewed by the
  277         United States Environmental Protection Agency;
  278         requiring payments of pesticide registration fees to
  279         be submitted electronically by a date certain;
  280         amending s. 487.0615,