CS/CS/CS/HB 949

1
A bill to be entitled
2An act relating to pest control; amending s. 482.051,
3F.S.; providing rule changes that allow operators to
4provide certain emergency notice to the Department of
5Agriculture and Consumer Services by facsimile or
6electronic means; amending s. 482.071, F.S.; increasing
7the minimum bodily injury and property damage insurance
8coverage required for pest control businesses; creating s.
9482.072, F.S.; providing for licensure by the department
10of pest control customer contact centers; providing
11application requirements; providing for fees, licensure
12renewal, penalties, and licensure expiration; creating s.
13482.157, F.S.; providing for the certification of
14commercial wildlife trappers; providing certification
15requirements, examination requirements, and fees; limiting
16the scope of work permitted by certificateholders;
17amending s. 482.183, F.S.; providing that licensees and
18certificateholders who practice accepted pest control
19methods are immune from liability for violating laws
20prohibiting cruelty to animals; providing construction;
21amending s. 482.226, F.S.; increasing the minimum
22financial responsibility requirements for licensees that
23perform certain inspections; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (4) of section 482.051, Florida
28Statutes, is amended to read:
29     482.051  Rules.-The department has authority to adopt rules
30pursuant to ss. 120.536(1) and 120.54 to implement the
31provisions of this chapter. Prior to proposing the adoption of a
32rule, the department shall counsel with members of the pest
33control industry concerning the proposed rule. The department
34shall adopt rules for the protection of the health, safety, and
35welfare of pest control employees and the general public which
36require:
37     (4)  That a licensee, before performing general fumigation,
38notify in writing the department inspector having jurisdiction
39over the location where the fumigation is to be performed, which
40notice must be received by the department inspector at least 24
41hours in advance of the fumigation and must contain such
42information as the department requires. However, in an authentic
43and verifiable emergency, when 24 hours' advance notification is
44not possible, advance telephone, facsimile, or any other form of
45acceptable electronic communication or telegraph notice may be
46given,; but such notice must be immediately followed by written
47confirmation providing the required information.
48     Section 2.  Subsection (4) of section 482.071, Florida
49Statutes, is amended to read:
50     482.071  Licenses.-
51     (4)  A licensee may not operate a pest control business
52without carrying the required insurance coverage. Each person
53making application for a pest control business license or
54renewal thereof must furnish to the department a certificate of
55insurance that meets the requirements for minimum financial
56responsibility for bodily injury and property damage consisting
57of:
58     (a)  Bodily injury: $250,000 per $100,000 each person and
59$500,000 per $300,000 each occurrence; and property damage:
60$250,000 per $50,000 each occurrence and $500,000 $100,000 in
61the aggregate; or
62     (b)  Combined single-limit coverage: $400,000 in the
63aggregate.
64     Section 3.  Section 482.072, Florida Statutes, is created
65to read:
66     482.072  Pest control customer contact centers.-
67     (1)  The department may issue a license to operate a
68customer contact center from which to solicit pest control
69business or provide services to customers for one or more
70business locations licensed under s. 482.071. A person may not
71operate a customer contact center for a pest control business if
72the customer contact center is not licensed by the department.
73     (2)(a)  Before operating a customer contact center, and
74biennially thereafter, on or before a renewal date set by the
75department, a pest control business must apply to the department
76for a license or license renewal for each customer contact
77center location it operates. An application must be submitted in
78the format prescribed by the department.
79     (b)  The department shall establish a licensure fee of at
80least $600 but not more than $1,000, and a renewal fee of at
81least $600 but not more than $1,000, for a customer contact
82center license. However, until renewal fee rules are adopted,
83the initial license and renewal fees are each $600. The
84department shall establish a grace period not to exceed 30 days
85after the renewal date and shall assess a late fee of $150, in
86addition to the renewal fee, for a license that is renewed after
87the grace period.
88     (c)  A license automatically expires if it is not renewed
89within 60 days after the renewal date and may be reinstated only
90upon reapplication and payment of the license renewal fee and
91late fee.
92     (d)  A license automatically expires if a licensee changes
93its customer contact center business location. The department
94shall issue a new license upon payment of a $250 fee, which must
95be renewed by the renewal date for the former location's
96license. A new license that is not renewed within 60 days after
97the renewal date of the license for the former business location
98automatically expires.
99     (e)  The department may not issue or renew a license to
100operate a customer contact center unless the pest control
101business licensees for which the customer contact center
102solicits business are owned in common by a person or business
103entity recognized by this state.
104     (f)  The department may deny a license or refuse to renew a
105license if the applicant or licensee, or one or more of the
106applicant's or licensee's directors, officers, owners, or
107general partners, are or have been directors, officers, owners,
108or general partners of a pest control business that meets the
109conditions in s. 482.071(2)(g).
110     (g)  Sections 482.091 and 482.152 do not apply to a person
111who solicits pest control services or provides customer service
112in a licensed customer contact center unless the person performs
113the pest control work as defined in s. 482.021(22)(a)-(d),
114executes a pest control contract, or accepts remuneration for
115such work.
116     (h)  Section 482.071(2)(e) does not apply to a license
117issued under this section.
118     (3)(a)  The department shall adopt rules establishing
119requirements and procedures for recordkeeping and monitoring
120customer contact center operations to ensure compliance with
121this chapter and rules adopted under this chapter.
122     (b)  Notwithstanding any other provision of this chapter:
123     1.  A customer contact center licensee is subject to
124disciplinary action under s. 482.161 for a violation of this
125chapter or rules adopted under this chapter committed by a
126person who solicits pest control services or provides customer
127service in a customer contact center.
128     2.  A pest control business licensee may be subject to
129disciplinary action under s. 482.161 for a violation of this
130chapter or rules adopted under this chapter committed by a
131person who solicits pest control services or provides customer
132service in a customer contact center operated by the licensee if
133the licensee participates in the violation.
134     Section 4.  Section 482.157, Florida Statutes, is created
135to read:
136     482.157  Limited certification for commercial wildlife
137management personnel.-
138     (1)  The department shall establish a limited certificate
139authorizing individual commercial wildlife trapper personnel to
140use nonchemical methods, including traps, mechanical or
141electronic devices, and exclusionary techniques, to control
142commensal rodents.
143     (2)  The department shall issue a limited certificate to an
144applicant who:
145     (a)  Submits an application and examination fee, set by
146departmental rule, of not more than $300 or less than $150. The
147department shall provide examination reference materials and
148offer the examination at least quarterly or as necessary in each
149county;
150     (b)  Passes the departmental examination; and
151     (c)  Provides proof, including a certificate of insurance,
152that the applicant has met the minimum financial bodily injury
153and property damage requirements in s. 482.071(4).
154     (3)  An application for recertification must be made
155annually and be accompanied by a recertification fee of not more
156than $150 or less than $75, as established by rule. The
157application also must be accompanied by proof of completion of
158the required 4 classroom hours of acceptable continuing
159education and the required proof of insurance. After a grace
160period not exceeding 30 days after the recertification renewal
161date, a late fee of $50 shall be assessed in addition to the
162renewal fee. A certificate automatically expires 180 days after
163the recertification date if the renewal fee has not been paid.
164After expiration, a new certificate shall be issued only upon
165successful reexamination and payment of the examination and late
166fees.
167     (4)  Certification under this section does not authorize:
168     (a)  The use of pesticides or chemical substances, other
169than adhesive materials, to control rodents or other nuisance
170wildlife in, on, or under structures;
171     (b)  Operation of a pest control business; or
172     (c)  Supervision of an uncertified person using nonchemical
173methods to control rodents.
174     Section 5.  Section 482.183, Florida Statutes, is amended
175to read:
176     482.183  Limitations.-
177     (1)(a)  A person may not be charged with a violation of
178this chapter or any rule adopted pursuant to this chapter more
179than 3 years after the date of the violation.
180     (b)(2)  For the purpose of this subsection section, a
181charge of violation is considered to have been made upon the
182issuance of a notice or citation by the department charging such
183violation.
184     (2)  A person licensed or certified under this chapter who
185practices accepted pest control methods is immune from liability
186under s. 828.12.
187     (3)  This chapter does not exempt a person from the rules,
188regulations, or orders of the Fish and Wildlife Conservation
189Commission.
190     Section 6.  Subsection (6) of section 482.226, Florida
191Statutes, is amended to read:
192     482.226  Wood-destroying organism inspection report; notice
193of inspection or treatment; financial responsibility.-
194     (6)  Any licensee that performs wood-destroying organism
195inspections in accordance with subsection (1) must meet minimum
196financial responsibility in the form of errors and omissions
197(professional liability) insurance coverage or bond in an amount
198no less than $500,000 $50,000 in the aggregate and $250,000
199$25,000 per occurrence, or demonstrate that the licensee has
200equity or net worth of no less than $500,000 $100,000 as
201determined by generally accepted accounting principles
202substantiated by a certified public accountant's review or
203certified audit. The licensee must show proof of meeting this
204requirement at the time of license application or renewal
205thereof.
206     Section 7.  This act shall take effect July 1, 2011.


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