Florida Senate - 2022 SB 1448 By Senator Ausley 3-00659-22 20221448__ Page 1 of 21 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to licensure for tree care services; 2 providing directives to the Division of Law Revision; 3 creating s. 468.851, F.S.; providing a

short title; 4 creating s. 468.8511, F.S.; providing legislative 5 findings and intent; creating s. 468.8512, F.S.; 6 exempting certain individuals, entities, and 7 activities from certain requirements; creating s. 8 468.8513, F.S.; defining terms; creating s. 468.8514, 9 F.S.; establishing the Florida Board of Tree Experts 10 within the Department of Agriculture and Consumer 11 Services; providing for the membership, appointment, 12 and duties of the board; creating s. 468.8515, F.S.; 13 requiring the board to develop or designate a 14 licensure examination for licensed Florida arborists; 15 providing for the administration of the examination; 16 authorizing an applicant to retake the exam, as 17 necessary, after a specified timeframe; creating s. 18 468.8516, F.S.; providing requirements for licensure 19 as a licensed Florida arborist and a licensed tree 20 care practitioner; authorizing certain individuals 21 licensed by the International Society of Arboriculture 22 to receive a Florida license within a specified 23 timeframe after the initial adoption of rules by the 24 board; requiring the board to renew licenses 25 biennially; providing a process for license renewal; 26 creating s. 468.8517, F.S.; providing requirements for 27 licensure applications; prohibiting the board from 28 issuing licenses in the name of certain business 29

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 2 of 21 CODING: Words stricken are deletions; words underlined are additions. organizations; requiring the board to maintain certain 30 records regarding licensure applicants and licensees; 31 authorizing the board to issue licenses to out-of-32 state individuals who have a substantially equivalent 33 license or certification; providing that the boar d’s 34 decision on an applicant’s qualifications for 35 examination constitutes final agency action; creating 36 s. 468.8518, F.S.; requiring licensees to meet certain 37 continuing education requirements; authorizing the 38 board to waive the requirements for good cause; 39 requiring the board to accept certain education 40 courses for continuing education credit; creating s. 41 468.8519, F.S.; requiring licensees to comply with 42 applicable laws and rules and to protect the safety, 43 health, property, and welfare of the public; 44 prohibiting individuals from presenting themselves as 45 licensees or using a license designation without being 46 so licensed by the board; creating s. 468.852, F.S.; 47 providing grounds for the board to suspend, revoke, or 48 refuse to issue or renew a license or admit a person 49 to a licensing examination; requiring notice and a 50 hearing before the board takes any such action; 51 requiring the board to provide such notice at least a 52 specified number of days before the hearing and to 53 render its judgment within a specified number of days 54 after the hearing; providing fines for a first 55 violation and graduated fines for a second and 56 subsequent violation; providing that each day a 57 violation continues constitutes an additional, 58

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 3 of 21 CODING: Words stricken are deletions; words underlined are additions. separate, and distinct offense; creating s. 468.8521, 59 F.S.; requiring a business engaged in tree care 60 services to biennially register with the board by 61 providing the board with certain information; 62 requiring each tree care business to provide specified 63 instruction and training for its employees after rules 64 are adopted by the board; creating s. 468.8522, F.S.; 65 providing grounds for the board to suspend or revoke a 66 business’s registration; requiring notice and a 67 hearing before the board takes any such action; 68 requiring the board to provide such notice at least a 69 specified number of days before the hearing and to 70 render its judgment within a specified number of days 71 after the hearing; creating s. 468.8523, F.S.; 72 requiring licensees and businesses to cooperate with 73 any department or board investigation; providing fo r a 74 court proceeding for a violation; authorizing the 75 board or department to require certain individuals to 76 provide a written statement under oath under certain 77 circumstances; creating s. 468.8524, F.S.; authorizing 78 individuals to appeal an order or a finding by the 79 board or Commissioner of Agriculture; creating s. 80 468.8525, F.S.; authorizing the commissioner or his or 81 her designee to temporarily waive licensure 82 requirements if a state of emergency has been declared 83 in response to a hurricane, tropical storm, or other 84 act of God; providing an effective date. 85 86 Be It Enacted by the Legislature of the State of Florida: 87

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 4 of 21 CODING: Words stricken are deletions; words underlined are additions. 88

Section 1. The Division of Law Revision is directed to: 89

(1) Create

part XVII of

chapter 468, consisting of ss. 90 468.851-468.8525, Florida Statutes, entitled “Tree Care 91 Services.” 92

(2) Replace the phrase “the effective date of this act” 93 wherever it occurs in this act with the date this act becomes a 94 law. 95

Section

Section 468.851, Florida Statutes, is created to 96 read: 97 468.851

Short title.—This part may be cited as the “Florida 98 Arborist and Tree Care Practitioners Licensing Act.” 99

Section

Section 468.8511, Florida Statutes, is created 100 to read: 101 468.8511 Legislative findings and intent.—The Legislature 102 recognizes that tree care services are consistently ranked as 103 one of the most hazardous work activities. The Legislature 104 further recognizes the potential hazards to life and property 105 which can arise from untrained tree care personnel.

In order to 106 provide safety for workers engaged in tree care services, to 107 enhance the safety of residents, and to provide for the 108 protection of trees and property, the Legislature declares it to 109 be in the public interest of this state to regulate individuals 110 and businesses providing or offering to provide tree c are 111 services in this state. 112

Section

Section 468.8512, Florida Statutes, is created 113 to read: 114 468.8512 Exemptions.— 115

(1) This part does not apply to any of the following 116

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 5 of 21 CODING: Words stricken are deletions; words underlined are additions. individuals or entities: 117 (

a) A public utility or an employee of a public utility 118 while he or she is engaged in the actual performance of his or 119 her duties as an employee. 120 (

b) An employer under contract with a public utility and 121 engaged in tree trimming or any other utility vegetation 122 management practice for the purpose of line clearance, or any 123 employee of the employer while he or she is engaged in the 124 actual performance of his or her duties in regard to tree 125 trimming, other utility vegetation management practice, 126 installing underground facilities, or performing associated site 127 construction. 128 (

c) An individual or employer that does not offer tree care 129 services for hire. 130 (

d) An employee of a municipality or county while he or she 131 is engaged in the actual performance of his or her duties as an 132 employee. 133

(2) This part does not apply to any of the following 134 activities: 135 (

a) Agricultural or silvicultural activities on lands 136 classified as agricultural pursuant to s. 193.461. 137 (b)1. Ground-based landscape construction activities, 138 including those performed by, or under the direction of, a 139 landscape architect. 140 2. Ground-based landscape maintenance activities, 141 including, but not limited to, pruning, fertilization, insect 142 and disease control, planting, transplanting, and temporary 143 stabilization, when such activities are performed in compliance 144 with: 145

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 6 of 21 CODING: Words stricken are deletions; words underlined are additions. a. The sections of the American National Standards 146 Institute practice standards set forth by the board by 147 regulation, with applicable safety standards and regulations of 148 the federal Occupational Safety and Health Administration; and 149 b.

Any pesticide rules adopted by the department. 150 151 For purposes of this paragraph, the term “ground -based landscape 152 maintenance” does not include operations that involve climbing; 153 the use of aerial lifts, cranes, rope, or rigging operations; or 154 the removal of trees of more than 6 inches in diameter at chest 155 height. 156 (

c) The removal of any trees pursuant to an approved site 157 plan or subdivision approval, provided that the tree removal 158 activities are performed in compliance with applicable safety 159 standards and rules of the American National Standards Institute 160 practice standards set forth by board rule and with applicable 161 safety standards and regulations of the federal Occupational 162 Safety and Health Administration. 163

Section

Section 468.8513, Florida Statutes, is created 164 to read: 165 468.8513

Definitions.—As used in this part, the term: 166 (1) “Arboricultural services” means, unless otherwise 167 exempted in this part, tree pruning, repairing, or removal; 168 stump grinding or removal; tree establishment; fertilization; 169 cabling and bracing; lightning protection; consulting, 170 diagnosis, and treatment of tree problems or diseases ; tree 171 management during site planning and development ; tree assessment 172 and risk management; application of pesticides; and any other 173 form of tree maintenance. 174

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 7 of 21 CODING: Words stricken are deletions; words underlined are additions. (2) “Board” means the Florida Board of Tree Experts. 175 (3) “Commissioner” means the Commissioner of Agriculture. 176 (4) “Department” means the Department of Agriculture and 177 Consumer Services. 178 (5) “Licensed Florida arborist” or “LFA” means a person 179 licensed under s. 468.8516 to provide arboricultural services in 180 this state. 181 (6) “Licensed tree care practitioner” or “LTCP” means a 182 person licensed under s. 468.8516 to provide tree care 183 practitioner services in this state. 184 (7) “Tree care practitioner services” includes tree 185 pruning, repairing, or removal and stump grinding or removal. 186 (8) “Tree care services” means tree care practitioner 187 services and arboricultural services. 188

Section

Section 468.8514, Florida Statutes, is created 189 to read: 190 468.8514 Board; membership; duties.— 191

(1) The Florida Board of Tree Experts is established within 192 the department. 193

(2) The board shall consist of nine members, including : 194 (

a) The commissioner or his or her designee, who shall 195 serve ex officio; 196 (

b) Five licensed Florida arborists, appointed by the 197 commissioner; 198 (

c) Two licensed tree care practitioners, appointed by the 199 commissioner; and 200 (

d) One member who has knowledge of arboriculture or 201 forestry, including urban forestry, appointed by the 202 commissioner. 203

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(3) The board members initially appointed to serve as 204 licensed Florida arborists and licensed tree care practitioners 205 need not be licensed until 180 days after the adoption of 206 initial rules by the board. Thereafter, the subsequently 207 appointed board members must be licensed before they are 208 eligible to be appointed by the commissioner. 209 (

a) To provide for staggered terms, the initially appointed 210 members shall serve the following terms: 211 1. Three licensed Florida arborist board members, 3 years; 212 2. One licensed tree care practitioner, 3 years; 213 3. The remaining licensed Florida arborist and licensed 214 tree care practitioner board members, 2 years; and 215 4. The member possessing knowledge of arboriculture or 216 forestry, 1 year. 217 (

b) Thereafter, all appointed members shall serve 3-year 218 terms or until their successors are appointed and qualified. 219 Vacancies shall be filled for the unexpired terms only. 220

(4) The board shall annually elect from among its 221 membership a chair and a vice chair. The board shall meet at 222 least four times per year and may hold additional meetings as 223 necessary to discharge its duties. A majority of the total 224 authorized membership of the board may exercise any of the 225 powers of the board at any meeting. The members of the board 226 shall serve without compensation, but the board may, within the 227 limits of funds appropriated or otherwise made available to it, 228 reimburse members for actual expenses necessarily incurred in 229 the discharge of their official duties, according to department 230 rule. 231

(5) The board has all of the following duties: 232

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a) Review the qualifications of an applicant for 233 licensure. 234 (

b) Establish standards for the licensure examination. 235 (

c) Issue and renew licenses. 236 (

d) Establish standards by rule, including, but not limited 237 to, appropriate standards from the American National Standards 238 Institute and any related standards and best management 239 practices. 240 (

e) Suspend or revoke licenses or registrations for 241 violations of this part. 242 (

f) Maintain a registry of licensees and businesses engaged 243 in tree care services. 244 (

g) Adopt a canon of professional ethics. 245 (

h) Adopt rules to carry out this part. 246 (

i) Conduct any necessary worksite inspections to enforce 247 this part. 248

Section

Section 468.8515, Florida Statutes, is created 249 to read: 250 468.8515 Examination.— 251

(1) The board shall develop or designate an examination to 252 evaluate an applicant’s knowledge, ability, and fitness to 253 perform as a licensed Florida arborist. 254

(2) The board shall administer the examination at least 255 semiannually at times and places to be determined b y the board. 256 The board shall provide adequate written notice of the time and 257 place of the examinations. 258

(3) An applicant who fails the examination may retake it 3 259 months after the initial examination. An applicant is not 260 limited in the number of times he or she may take the 261

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Section

Section 468.8516, Florida Statutes, is created 263 to read: 264 468.8516 Licensure; biennial renewal.— 265

(1) An applicant for licensure as a licensed Florida 266 arborist must meet all of the following requirements: 267 (

a) Be at least 18 years of age. 268 (

b) Be of good moral character. 269 (

c) Meet at least one of the following requirements: 270 1. Have a bachelor’s degree in arboriculture, forestry, 271 ornamental horticulture, natural resources, or any other 272 curriculum approved by the board and be continuously employed 273 full time in professional tree care for a period of at least 1 274 year before the date of his or her application for licensure. 275 2.

Have an associate degree in a field of study approved by 276 the board and be continuously employed full time in the practice 277 of arboriculture for a period of at least 3 years before the 278 date of his or her application for licensure. 279 3. Be continuously employed full time in the practice of 280 arboriculture for at least 5 years before the date of his or her 281 application for licensure. 282 4. Have maintained an industry credential approved by the 283 board for at least 3 years before the date of his or her 284 application for licensure. 285 (

d) Except as provided in subsection (3), pass an 286 examination developed or designated by the board. 287

(2) An applicant for licensure as a licensed tree care 288 practitioner must meet all of the following requirements: 289 (

a) Be at least 18 years of age. 290

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b) Be of good moral character. 291 (

c) Meet at least one of the following requirements: 292 1. Have a bachelor’s degree in arboriculture or an 293 equivalent major field of study approved by the board and be 294 continuously employed full time in the practice of arboriculture 295 for a period of at least 1 year before the date of his or her 296 application for licensure. 297 2.

Have an associate degree in arboriculture or an 298 equivalent field of study approved by the board and be 299 continuously employed full time in the practice of arboriculture 300 for a period of at least 1 year before the date of his or her 301 application for licensure. 302 3. Be continuously employed full time in the practice of 303 arboriculture for at least 3 years before the date of his or her 304 application for licensure. 305 4. Have maintained an industry credential approved by the 306 board for at least 1 year before the date of his or her 307 application for licensure. 308 (

d) Take a mandatory course on pruning, tree worker safety, 309 and insurance requirements as established by the board within 310 360 days after initial licensure. 311

(3) Notwithstanding subsections (1) and (2), within 360 312 days after the date initial rules are adopted by the board: 313 (

a) An individual may be licensed as a licensed Florida 314 arborist without sitting for the examination required under 315 subsection (1) if he or she maintains an International Society 316 of Arboriculture credential as a Certified Arborist or a Board 317 Certified Master Arborist; and 318 (

b) An individual may be licensed as a licensed tree care 319

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 12 of 21 CODING: Words stricken are deletions; words underlined are additions. practitioner upon taking the mandatory course on pruning, tree 320 worker safety, and insurance requirements, pursuant to board 321 rule, if he or she maintains an International Society of 322 Arboriculture credential as a Certified Arborist or a Board 323 Certified Master Arborist or is an individual of good moral 324 character who has documented to the satisfaction of the board 325 that he or she has been engaged in the practice of arboriculture 326 for at least 7 years before the effective date of this act. 327

(4) An individual licensed as a licensed tree care 328 practitioner under subsection (2) may subsequently apply for 329 licensure as a licensed Florida arborist upon meeting the 330 qualifications for such licensure. 331

(5) An individual licensed under this

section shall receive 332 a certificate evidencing his or her licensure. 333

(6) The board shall renew licenses biennially. 334

(7) A licensee may submit an application pursuant to board 335 rule for renewal of his or her license. If an individual’s 336 license expires before it is renewed, the license may be renewed 337 within 1 year after expiration. 338

(8) An individual is not eligible for licensure pursuant to 339 this

section until the final adoption of initial rules by the 340 board. 341

Section

Section 468.8517, Florida Statutes, is created 342 to read: 343 468.8517 Application for licensure; maintenance of 344 records.— 345

(1) An application for licensure as a licensed Florida 346 arborist or a licensed tree care practitioner must be on forms 347 prescribed and furnished by the board and must contain a 348

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 13 of 21 CODING: Words stricken are deletions; words underlined are additions. statement under oath declaring the applicant’s education or 349 other qualification for licensure. The board may not issue a 350 license in the name of a corporation, a firm, a partnership, or 351 any other form of business organization. 352

(2) The board shall maintain a record of all individual 353 applicants for licensure and all licensees, includi ng each 354 person’s name, age, education, and other qualifications; 355 residential address; location of employment; and record of 356 fulfillment of any continuing education requirements. 357

(3) The board may grant a licensed Florida arborist license 358 or a licensed tree care practitioner license to any individual 359 who is not a resident of this state and who is the lawful holder 360 of a substantially equivalent license or certification issued by 361 another jurisdiction, as determined by the board. 362

(4) The board’s determination of an applicant’s 363 qualifications for any examination shall constitute final agency 364 action. 365

Section

Section 468.8518, Florida Statutes, is created 366 to read: 367 468.8518 Continuing education requirement.— 368

(1) A licensed Florida arborist must complete, as a 369 condition for biennial license renewal, a minimum of 20 credits 370 of continuing education in courses of study approved by the 371 board. The licensee may provide proof of a current International 372 Society of Arboriculture credential as a Certified Arborist or a 373 Board Certified Master Arborist as documentation of co ntinuing 374 education compliance. 375

(2) A licensed tree care practitioner must complete, as a 376 condition for biennial license renewal, a minimum of 10 credits 377

Florida Senate - 2022 SB 1448 3-00659-22 20221448__ Page 14 of 21 CODING: Words stricken are deletions; words underlined are additions. of continuing education in courses of study approved by the 378 board. The licensee may provide proof of a current International 379 Society of Arboriculture credential as a Certified Arborist, a 380 Board Certified Master Arborist, or a Tree Worker: Climber 381 Specialist or Aerial Lift Specialist or proof of a Tree Care 382 Industry Association credential as a Certified Treecare Safety 383 Professional as documentation of continuing education 384 compliance. 385

(3) Each hour of continuing education instruction is 386 equivalent to one credit. The board may waive the continuing 387 education requirements on an individual basis for reasons of 388 hardship, including illness or disability or other good cause. A 389 licensee shall submit evidence that he or she has fulfilled the 390 continuing education requirement for his or her license to the 391 board in a form and manner established by the board. 392

(4) The board shall accept an educational course approved 393 by the International Society of Arboriculture as a continuing 394 education unit for a Certified Arborist credential as meeting 395 the continuing education credit requirements for a licensed 396 Florida arborist and a licensed tree care practitioner. A 397 licensee may receive up to 10 continuing education credits per 398 course credit hour for a university or college course related to 399 arboriculture which is completed with a passing grade within the 400 renewal period. The board may designate other acceptable 401 continuing education courses or sources of continuing education 402 credits. 403

Section

Section 468.8519, Florida Statutes, is created 404 to read: 405 468.8519 Compliance with laws; prohibited acts; fines.— 406

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(1) In rendering professional services, licensed Florida 407 arborists and licensed tree care practitioners shall comply in 408 all respects with the applicable laws and rules pertaining to 409 tree care services and have a duty to make every reasonable 410 effort to protect the safety, health, property, and welfare of 411 the public, including ensuring the safe operation of all 412 equipment used in the performance of tree care services, 413 according to department or board rule. 414

(2) An individual may not present himself or herself to the 415 public as a licensed Florida arborist or use the designation 416 “LFA” or present himself or herself to the public as a licensed 417 tree care practitioner or use the designation “LTCP” without 418 being licensed as a licensed Florida arborist or a licensed tree 419 care practitioner, respectively, by the board. 420

Section

Section 468.852, Florida Statutes, is created 421 to read: 422 468.852 Grounds for suspending, revoking, or refusing to 423 issue or renew license or refusing to admit a person for a 424 licensing examination; notice and hearing; fines.— 425

(1) The board may suspend, revoke, or refuse to issue or 426 renew a license or may refuse to admit a person to an 427 examination for licensure after notice and hearing and upon a 428 finding that an applicant or a licensee has done any of the 429 following: 430 (

a) Obtained a license or authorization to sit for an 431 examination through fraud, deception, or misrepresentation. 432 (

b) Conducted work or allowed work to be conducted under 433 his or her supervision in a manner not in compliance with 434 standards approved by the board. 435

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c) Engaged in dishonesty, fraud, deception, 436 misrepresentation, false promise, or false pretense in the 437 course of his or her business. 438 (

d) Engaged in gross negligence or gross incompetence. 439 (

e) Engaged in repeated acts of negligence or incompetence . 440 (

f) Engaged in occupational misconduct, as determined by 441 the board. 442 (

g) Been convicted of a crime involving moral turpitude, a 443 crime relating adversely to the activities regulated by the 444 board, or a felony. 445 (

h) Had his or her authority to engage in the activit ies 446 regulated by the board revoked or suspended by any other state, 447 agency, or authority. 448 (

i) Failed to comply with this part or any rule adopted 449 pursuant to this part, including canons of ethics established by 450 the board. 451 (

j) Has not been able, for medical reasons or for any other 452 good cause, to discharge the functions of his or her license in 453 a manner consistent with the health, safety, and welfare of the 454 public. 455 (

k) Has engaged in any form of false or misleading 456 advertising or promotional activities, including, but not 457 limited to, holding himself or herself out to be a licensed 458 Florida arborist, a licensed tree care practitioner, an 459 arborist, a tree surgeon, a tree care business, or any similar 460 designation, or using the abbreviation “LFA” or “LTCP ,” without 461 being licensed as a licensed Florida arborist or a licensed tree 462 care practitioner. 463 (

l) Failed to maintain records required by the board. 464

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(2) The board may suspend or revoke a license only after 465 providing the licensee with notice and a hearing. The board 466 shall send the licensee such notice at least 20 days before the 467 hearing. The board may not revoke or suspend a license until the 468 conclusion of any hearing. The board shall render its judgment 469 within 20 days after the conclusion of the hearing. 470

(3) In addition to the suspension or revocation of a 471 license, the board may levy a fine not to exceed $1,000 for a 472 first violation and not to exceed $2,500 for a second or 473 subsequent violation of this part. If the violation is of a 474 continuing nature, each day during which the violation continues 475 constitutes an additional, separate, and distinct offense. 476

Section

Section 468.8521, Florida Statutes, is created 477 to read: 478 468.8521 Tree care business registration; employee 479 instruction and training.— 480

(1) Each business engaged in providing tree care services 481 in this state must register biennially with the board as a 482 condition of doing business in this state. The business shall 483 provide the board with all of the following information: 484 (

a) The name and residential address of the owner or owners 485 of the tree care business. 486 (

b) The principal address of the tree care business and any 487 branch office or subsidiary of the business. 488 (

c) The names and residential addresses of every licensed 489 Florida arborist or licensed tree care practitioner employed by 490 the business and the location of each such licensee if assigned 491 to a branch office other than the business’s main office. 492 (

d) Proof of general liability insurance or a letter of 493

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e) Proof of workers’ compensation insurance coverage. 495 (

f) Proof that at least one employee of the tree care 496 business located at the principal office of the tree care 497 business is licensed either as a licensed Florida arborist or a 498 licensed tree care practitioner and that at least one employee 499 of the tree care business located at each branch office of the 500 tree care business is licensed either as a licensed Florida 501 arborist or a licensed tree care practitioner. 502 (

g) Any other information required by the board. 503

(2) After initial rules are adopted by the board, each tree 504 care business shall provide instruction and training for its 505 employees in the proper use, inspection, and mainte nance of 506 tools and equipment and shall require that safe working 507 practices are observed in accordance with the appropriate 508 standards of the American National Standards Institute, as well 509 as any additional standards designated by board rule.

Each tree 510 care business shall annually submit documentation of its 511 training program for employees to the board, including a model 512 tree safety program checklist provided by the board, proof of 513 general liability insurance coverage or a letter of credit in an 514 amount established by the board, and proof of workers’ 515 compensation insurance. 516

Section

Section 468.8522, Florida Statutes, is created 517 to read: 518 468.8522 Grounds for revoking or suspending a tree care 519 business’ registration; notice and hearing.— 520

(1) If a tree care business has done any of the following, 521 the board may revoke or suspend the business’s registration 522

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a) Failed to demonstrate that the employer, or at least 524 one employee in each principal office and branch location 525 responsible for the supervision of workers in the performance of 526 tree care services, is licensed as a licensed Florida arborist 527 or a licensed tree care practitioner. 528 (

b) Failed to ensure the safe operation of all equipment 529 used in the performance of tree care services. 530 (

c) Allowed work to be conducted in a manner not in 531 compliance with standards approved by the board. 532 (

d) Failed to provide instruction and training for its 533 employees, as required by s. 468.8521(2). 534 (

e) Engaged in dishonesty, fraud, deception, 535 misrepresentation, false promise, or false pretense in the 536 course of the business’s operations. 537 (

f) Been found guilty of gross negligence or incompetence. 538 (

g) Had the authority to engage in tree care services 539 revoked or suspended by any other state, agency, or authority. 540 (

h) Failed to comply with this part or any rule adopted 541 pursuant to this part. 542 (

i) Has engaged in any form of false or misleading 543 advertising or promotional activities. 544 (

j) Failed to maintain records required by the board. 545

(2) The board may suspend or revoke a registration only 546 after providing the business with notice and a hearing. The 547 board shall send the business such notice at least 20 days 548 before the hearing. The board may not revoke or suspend a 549 registration until the conclusion of any hearing. The b oard 550 shall render its judgment within 20 days after the conclusion of 551

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Section

Section 468.8523, Florida Statutes, is created 553 to read: 554 468.8523 Investigations.— 555

(1) In his or her performance of tree care services, a 556 licensed Florida arborist, licensed tree care practitioner, or 557 tree care business shall cooperate fully with the department and 558 the board in investigations or adjudications of alleged 559 violations of this part or any rules adopted pursuant to this 560 part, and upon request, the licensee or business shall provide 561 copies of any documents requested in connection with an 562 investigation. 563

(2) If the board or department finds that a violation of 564 this part has occurred, is occurring, or will occur, the 565 Attorney General, in addition to any other proceeding authorized 566 by law, may seek and obtain an injunction prohibiting the act or 567 practice. The court may assess a civil penalty in accordance 568 with this part, but the court may not suspend or revoke a 569 license issued by the board. 570

(3) If the board or department finds that an individual has 571 engaged in or is engaging in an unlawful activity under this 572 part, the board or department may require the individual to 573 file, on a form prescribed by rule, a statement in writing and 574 under oath as to the facts and circumstances concerning the 575 rendering of any service or other violation of this part. The 576 board or department may examine any individual in connection 577 with any licensed activity or practice, inspect any premises 578 upon which a violation is alleged to have taken place or 579 premises that constitute the licensee’s place of business, and 580

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Section

Section 468.8524, Florida Statutes, is created 583 to read: 584 468.8524 Appeal.—An individual aggrieved by an order or a 585 finding by the board or the commissioner may appeal the order or 586 finding. 587

Section

Section 468.8525, Florida Statutes, is created 588 to read: 589 468.8525 Temporary waiver of licensure for storm response.—590 If a state of emergency has been declared due to a hurricane, 591 tropical storm, or other act of God, the commissioner or the 592 commissioner’s designee may temporarily waive the licensure 593 requirements for affected counties for up to 45 days with the 594 option to renew the waiver period. 595

Section 18. This act shall take effect upon becoming a law. 596