35, 42, 4:1, ch ; ss. 2, 3, ch ; ss. 34, 38, ch

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1 s SUPPLEMENT TO FLORIDA STATUTES 98 s shall provide for a hearing in accordance with chapter 20, upon request. His t o r y.-ss. 33, 42, ch ; ss. 2, 3, ch. 8-38; ss. 32, 38. ch. 82. 'Note.- Repealed effective October I, 988, by s. 2, ch. 8-38, and scheduled for review pursuant to s..6 in advance of that date. Expires October, 988, pu rsuant to s. 38, ch. 82-, and is scheduled for review pursuant to s..6 in advance of that date. ' Real Estate Recovery Fund.-There is created the Florida Real Estate Recovery Fund as a separate account in the Professional Regulation Trust Fund. () The Florida Real Estate Recovery Fund shall be disbursed as provided in s , on order of the commission, as reimbursement to any person or corporation adjudged by a court of competent jurisdiction to have suffered monetary damages by reason of any of the following acts committed as a part of any real estate brokerage transaction involving real property in this state by any broker or salesman who was licensed under the provisions of this chapter at the time the alleged act was committed: (a) Any violation of the provisions of this chapter; or (b) Obtaining money or property by fraud, misrepresentation, deceit, false pretenses, artifice, or trickery or by any other act which would constitute a violation proscribed ins (2) The Real Estate Recovery Fund shall also be disbursed as provided in s , on order of the commission, as reimbursement to any broker or salesman who is required by a court of competent jurisdiction to pay money damages due to a distribution of escrow moneys which is made in compliance with an escrow disbursement order issued by the commission. (3) A fee of $3.50 per year shall be added to the license fee for both new licenses and renewals of licenses for brokers, and a fee of $.50 per year shall be added for new licenses and renewals of licenses for salesmen. This fee shall be in addition to the regular license fee and shall be deposited in or transferred to the Real Estate Recovery Fund. Should the fund at any time exceed $450,000, collection of special fees for this fund shall be discontinued at. the end of the 2-year licensing renewal cycle. Such special fees shall not be reimposed unless the fund is reduced below $250,000 by disbursement made in accordance with this chapter. History.-s. I, ch ; s. 3, ch ; s., ch ; s. I, ch ; ss. ;!4. 42, 43, ch ; ss. 3, 5, ch ; ss. 23, 24, ch ; ss. 2, 3, ch ; ss. :!3, :!8, ch 'Note.- Expi res July I, 985, pursuant to s. 24, ch , and is scheduled for review pursuant to s..6 in advance of that date. Repealed effective Octoher I, 988, by s. 2, ch. 8-38, and scheduled fo r review pursuant to s..6 in advance of that date. Expires October l, 988, pursuant to s. 38, ch. 82-, and is scheduled for review pursuant to s..6 in advance of that date. ' Conditions for recovery; eligibility. () Any person shall be eligible to seek recovery from the Real Estate Recovery Fund if: (a) Such person has received final judgment in a court of competent jurisdiction in this state in any action wherein the cause of action was based on any violation proscribed in s ; (b) At the time the action was commenced, such person gave notice thereof to the commission by certified mail; (c) The act for which recovery is sought occurred 60 on or after July, 976, and not more than 2 years prior to making such claim; (d) Such person has caused to be issued a writ of execution upon such judgment and the officer executing the same has made a return showing that no personal or real property of the judgment debtor liable to be levied upon in satisfaction of the judgment can be found or that the amount realized on the sale of the judgment debtor's property pursuant to such execution was insufficient to satisfy the judgment; (e) Such person has made all reasonable searches and inquiries to ascertain whether the judgment debtor is possessed of real or personal property or other assets subject to being sold or applied in satisfaction of the judgment and by his search he has discovered no property or assets or he has discovered property and assets and has taken all necessary action and proceedings for the application thereof to the judgment but the amount thereby realized was insufficient to satisfy the judgment; (f) Any amounts recovered by such person from the judgment debtor, or from any other source, have been applied to the damages awarded by the court; and (g) Such person is not a person who is precluded by this act from making a claim for recovery. (2) A person shall not be qualified to make a claim for recovery from the Real Estate Recovery Fund, if: (a) He is the spouse of the judgment debtor or a personal representative of such spouse; (b) He is a licensed broker or salesman who acted as principal or agent in the transaction which is the subject of the claim; or (c) Such person's claim is based upon a real estate transaction in which the licensed broker or salesman was acting on his behalf with respect to the property owned or controlled by him. History.-s. I, ch ; s. 3, ch ; s., ch ; s. I, ch ; ss. 35, 42, 4:, ch ; ss. 2, 3, ch. 8-38; ss. 34, 38, ch 'Note.-Repealed effective October I, 988, by s. 2, ch. 8-38, and scheduled for review pursuant to s..6 in advance of that date. Expires October,_ 988, pursuant to s. 38, ch. 82-, and is scheduled for review pursuant to s..6 m ad vance of that date. ' Commission powers upon notification of commencement of action.-when the commission receives notice of any action, as required by s ()(b), the commission may intervene, enter an appearance, file an answer, defend the action, or take any action it deems appropriate on behalf, and in the name, of the defendant and take recourse through any appropriate method of review on behalf, and in the name, of the defendant. His tory.-s., ch ; s. 3, ch ; s. I, ch ; ss. 36, 42, ch ; s. 354, ch ; ss. 2, 3, ch. 8-38; ss. 35, 38, ch 'Note.- Repealed effective October, 988, by s. 2, ch. 8-38, and sched uled for review pursuant to s..6 in advance of that date. Expires October, 988, pursuant to s. 38, ch. 82, and is scheduled for review pursuant to s..6 in ad vance of that date. ' Payment from the fund.- () Any person who meets all of the conditions prescribed in s () or (2) may apply to the commission to cause payment to be made to such person from the Real Estate Recovery Fund: (a) Under s (), in an amount equal to the unsatisfied portion of such person's judgment or $0,000, whichever is less, but only to the extent and

2 s SUPPLEMENT TO FLORIDA STATUTES 98 s amount reflected in the judgment as being actual or compensatory damages; or (b) Under s (2), in an amount equal to the judgment against the broker or salesman or $0,000, whichever is less. (2) Upon receipt by a claimant under paragraph (l)(a) of payment from the Real Estate Recovery Fund, the claimant shall assign his additional right, title, and interest in the judgment, to the extent of such payment, to the commission, and thereupon the commission shall be subrogated to the right, title, and interest of the claimant; and any amount subsequently recovered on the judgment by the commission, to the extent of the right, title, and interest of the commission therein, shall be for the purpose of reimbursing the Real Estate Recovery Fund. (3) Payments for claims arising out of the same transaction shall be limited, in the aggregate, to $0,000, regardless of the number of claimants or parcels of real estate involved in the transaction. (4) Payments for claims based upon judgments against any one broker or salesman shall not exceed, in the aggregate, $20,000. (5) If at any time the moneys in the Real Estate Recovery Fund are insufficient to satisfy any valid claim or portion thereof, the commission shall satisfy such unpaid claim or portion thereof as soon as a sufficient amount of money has been deposited in or transferred to the fund. When there is more than one unsatisfied claim outstanding, such claims shall be paid in the order in which the claims were made. (6) All payments and disbursements from the Real Estate Recovery Fund shall be made by the Treasurer upon a voucher signed by the secretary of the department. Amounts transferred to the Real Estate Recovery Fund shall not be subject to any limitation imposed by an appropriation act of the Legislature. (7) Upon the payment of any amount from the Real Estate Recovery Fund in settlement of a claim in satisfaction of a judgment against a broker or salesman as described ins (), the license of such broker or salesman shall be automatically revoked. A discharge of bankruptcy shall not relieve a person from the penalties and disabilities provided in this section. History.-s., ch ; s. 3, ch ; s., ch ; s., ch ; ss. 37, 42, 43, ch ; ss. 4, 5, ch ; ss. 2, 3, ch. 8-38; ss. 36, 38, ch 'Note.- Repealed effective October, 988, by s. 2, ch. 8-38, and scheduled for review pursuant to s..6 in advance of that date. Expires October l, 988, pursuant to s. 38, ch. 82-, and is scheduled for review pursuant to s..6 in advance of that date. ' Rules; violations.- (!) The commission shall adopt such rules as are necessary to effect the efficient administration of ss (2) It is unlawful for any person or his agent to file with the commission any notice, statement, or other document required under the provisions of ss which is false or contains any material misstatement of fact. Any person who violates the provisions of this subsection is guilty of a misdemeanor of the second degree, punishable as provided in s or s History.- s., ch ; s. 3, ch ; s., ch ; ss. 39, 42, 43, ch ; ss. 2, 3, ch. 8-38; ss. 37, 38, ch 'Note.- Repealed effective October l, 988, by s. 2, ch. 8-38, and scheduled 602 for review pursuant to s..6 in advance of that date. Expires October, 988, pursuant to s. 38, ch. 82-, and is scheduled for review pursuant to s..6 in advance of that date CHAPTER 477 COSMETOLOGY Examinations. Fees; disposition. ' Examinations.- () The board shall specify by rule the general areas of competency to be covered by examinations for the licensing under this chapter of cosmetologists and cosmetology instructors. The rules shall include the relative weight assigned in grading each area, the grading criteria to be used by the examiner, and the score necessary to achieve a passing grade. The board shall ensure that examinations adequately measure both an applicant's competency and his knowledge of related statutory requirements. Professional testing services may be utilized to formulate the examinations. (2) The board shall ensure that examinations comply with state and federal equal employment opportunity guidelines. (3) The department shall, in accordance with rules established by the board, examine persons who file applications for licensure under this chapter in all matters pertaining to the practice of cosmetology. A written and practical examination shall be given at least once yearly and at such other times as the department shall deem necessary. (4) The department shall, in accordance with rules established by the board, examine persons who file applications for licensure under this chapter as cosmetology instructors. The examination shall be given at least once yearly and at such other times as the department shall deem necessary. (5) The board shall adopt rules providing for reexamination of applicants who have failed the examinations. (6) All licensing examinations shall be conducted in such manner that the applicant shall be known to the department by number only until his examination is completed and the proper grade determined. An accurate record of each examination shall be made; and that record, together with all examination papers, shall be filed with the secretary of the department and shall be kept for reference and inspection for a period of not less than 2 years immediately following the examination. (7) 2 Effective April 2, 982, the board shall maintain testing facilities in the cities in which testing facilities have been located for the past 5 years. History.-s., ch ; ss. 3, 5, 25, 30, 34, 44, 62, ch ; s. 2, ch. 8-38; ss. 34, 46, ch 'Note.-Repealed effective October, 985, by s. 2, ch. 8-38, and scheduled for review pursuant to s..6 in advance of that date. Expires October, 985, pursuant to s. 46, ch , and is scheduled for review pursuant to s..6 in advance of that date. 'Note.-The words "Effective April 2, 982," were inserted by the editors to clarify the reference to "the past 5 years" in subsection (7). This subsection was enacted by s. 34, ch , which act (except for s. 35) took effect April 2, 982. cf.-s Examinations.

3 s SUPPLEMENT TO FLORIDA STATUTES 98 s Fees; disposition.- (!) The board shall set fees according to the following schedule: (a) For cosmetologists and cosmetology instructors, fees for original licensing, license renewal, and delinquent renewal shall not exceed $25. (b) For cosmetologists and cosmetology instructors, fees for reciprocity application, examination, and reexamination shall not exceed $50. (c) For schools of cosmetology regulated under this chapter, fees for license application, original licensing, license renewal, and delinquent renewal shall not exceed $300. (d) For students at schools of cosmetology licensed under this chapter, the enrollment permit fee shall not exceed $5. (e) For cosmetology salons, fees for license application, original licensing, license renewal, and delinquent renewal shall not exceed $50. Such fees shall be set at levels adequate to ensure the continued funding for the purposes provided herein. (2) The department is authorized to charge the cost of any original license issuance or permit issuance fee set herein for the issuance of any duplicate license requested by any cosmetologist, cosmetology instructor, school of cosmetology, or cosmetology salon, or of any duplicate student enrollment permit requested by any student, to whom the original license or permit was granted. (3) All moneys collected by the department from fees authorized by this chapter shall be paid into the Professional Regulation Trust Fund, which fund is created in the department. It is the intent of this provision that such fees collected, even to the exhaustion thereof, shall be directly applied by the department for the purposes provided in this act, with particular emphasis being placed upon enforcement of the provisions hereof. The Legislature shall appropriate funds from this trust fund sufficient to carry out the provisions of this chapter. The Legislature may appropriate any excess moneys from this fund to the General Revenue Fund. ( 4) The department, with the advice of the board, shall prepare and submit a proposed budget in accordance with law. History.-s., ch ; ss. 3, 5, 25, 30, 34, 47, 62, ch ; s. 2, ch. 8-38; ss. 24, 46, ch 'Note.- Repealed effective October, 985, by s. 2, ch. 8-38, and scheduled for revew pursuant to s..6 in advance of that date. Expires October, 985, pursuant to s. 46, ch , and is scheduled for review pursuant to s..6 in advance of t hat date. cf.-s Fees; receipts; disposition. CHAPTER 480 MASSAGE PRACTICE Masseurs; qualifications; licensure; license renewal; endorsement; provisional licensure Masseurs; qualifications; licensure; license renewal; endorsement; provisional li censure () Any person is qualified for licensure as a masseur under this act who: (a) Is at least 6 years of age or has received a high school diploma or graduate equivalency diploma. (b) Has completed a course of study at a stateapproved massage school or has completed an apprenticeship program. (c) Has received a passing grade on an examination administered by the department. (2) Every person desiring to be examined for licensure as a masseur shall apply to the department in writing upon forms prepared and furnished by the department, after which the applicant may take a department examination. (3) Upon an applicant's passing the examination and paying the initial licensing fee, the department shall issue a license to practice massage to the applicant. (4) Renewal of license registration shall be accomplished pursuant to rules adopted by the board. As part of the license renewal procedure, the department shall periodically require licensees to demonstrate their current competency in massage. These requirements shall be reasonable and shall include, but shall not be limited to, attendance at continuing education programs and reexamination. (5) The board also shall adopt rules establishing a minimum training program for apprentices. (6) The board shall adopt rules specifying procedures for the licensing of practitioners desiring to be licensed in this state who have been licensed and are practicing in states which have licensing standards substantially similar to, equivalent to, or more stringent than the standards of this state. (7)(a) The board may issue, without examination, a provisional license to practice massage to an applicant for licensure, provided such applicant meets all conditions and requirements relating to qualification for licensure and submits a fee not to exceed $25. Such applicant for a provisional license shall be associated with a licensed masseur and shall practice only under the supervision of such licensed masseur. (b) The provisional license, when granted, shall bear the name and address of the licensed masseur. No licensed masseur may supervise more than one provisional licenseholder at the same time. (c) The board shall adopt rules specifying standards and procedures for issuance of a provisional license. (d) The applicant must present himself at the next scheduled examination for licensure. Every provisional license shall expire on the day following the announcement of the grades of the first examination given after issuance of such provisional license or when the provisionallicenseholder fails to appear for the next regularly scheduled examination following issuance. Acceptance of a provisional license by an applicant shall be deemed to be consent for expiration of that license in accordance with the provisions of this chapter. (e) No more than one provisional license may be issued to an individual. No provisional license shall be issued to an applicant who has previously failed the examination. History.-s. 0, ch ; ss. 3, 5, 25, 30, 34, 52, 62, ch ; s. 2, ch. 8-38; ss. 25, 47, ch

4 s SUPPLEMENT TO FLORIDA STATUTES 98 s ' Note.- Repealed effective October, 985, by s. 2, ch. 8-38, and scheduled for revew pursuant to s..6 m advance of that date. Expires October I, 985, pursuant to s. 47, ch , and s scheduled for review pursuant to s..6 in advance of that date. cf.- s Department of Professional Regulation; renewal of licenses. s General hcensmg provisions. s Examinations CHAPTER 48 ARCHITECTURE AND LANDSCAPE ARCHITECTURE PART I ARCHITECTURE Definitions. Exceptions; exemptions from licensure. ' Definitions.-As used in this act: () "Board" means the Board of Architecture. (2) "Department" means the Department of Professional Regulation.. (3) "Registere_d architect" means a person who is hc~nsed under this act to engage in the practice of architecture. ( 4) "Certificate of registration" means a license issued_ by the department to engage in the practice of architecture. (5) "Certificate of authority" means a license issued by the department to a corporation or partnership to practice architecture.. (6) "Architecture" means the rendering or offermg to render services in connection with the design an~ construction of a structure or group of structures ~hch have as their principal purpose human habitation or u~e, and the utilization of space within and surroundmg such structures. These services include planning, prov~d.ing preliminary study designs, draw ~ngs _an~ speci~icatwns, architectural supervision, JOb-site mspectwn, and administration of construction contracts. (7) "To~nhouse" is a single-family dwelling unit not exceedmg three stories in height which is constructed in a series or group of attached units with property lines separating such units. Each townhouse shall be considered a separate building and shall be separated from adjoining townhouses by the use of separate exterior walls meeting the requirements for zero clearance from property lines as required by the type of construction and fire protection requirements; or shall be separated by a party wall; or, when not more th~n three stories in height, may be separated by a smgle wall meeting the following requirements: (a) Such wall shall provide not less than 2 hours of fire resistance. Plumbing, piping, ducts, or electrical or other building services shall not be installed within or through the 2-hour wall unless such materials and methods of penetration have been tested in accordance with the Standard Building Code. (b) Such wall shall extend from the foundation to t~e underside of the roof sheathing, and the underside of the roof shall have at least hour of fire resis- 604 tance for a width not less than 4 feet on each side of the wall. (~) Each dwelling unit sharing such wall shall be designed and constructed to maintain its structural integrity independent of the unit on the opposite side of the wall.,his tory.-ss. 2, 9, ch ; ss. 2, 3, ch ; ss. 27, 48, ch Note.- Repealed effectve October, 988, by s. 2, ch. 8-38, and scheduled for revtew pursuant to s..6 in ~dvan c e of that date. Expires October, 988, ~d~!~~~ t 0 t;> ~- 8 ~8d:~. 82~ 79, and ts scheduled for review pursuant to s..6 in cf.-s _3 State Minimum Building Codes to consist in part of Standard Buldmg Code. ' Exceptions; exemptions from licen sure.- (~ N~ person shall be required to qualify as an archttect m order to make plans and specifications fo~, or supervise the erection, enlargement, or alteration of: (a) Any building upon any farm for the use of any farmer, regardless o~ the cost of the building;. (b) Any one-family or two-family residence buildmg, townhouse, or domestic outbuilding appurtenant to any one-family or two-family residence, regardless of cost; or (c) Any other type of building costing less than $25,000, except a school, auditorium, or other building intended for public use. (2) Nothing contained in this act shall be construed to prevent any employee of an architect from acting in any capacity under the instruction control or supervisio~ of the architect or to prevent'any per~ son from actmg as a contractor in the execution of work designed by an architect. (3) Notwithstanding the provisions of this act or of any ot~er ~aw! ~o registered engineer whose principal practtce IS cyl or structural engineering, or emp_loyee or subordmate under the responsible supervi SIOn?r contr~l of the engineer, is precluded from performmg arc~tect~ral ~ervices ~hich are purely incidental to ~s engmeermg practice, nor is any registered archttect, or employee or subordinate under the responsible supervision or control of such architect, pr~cluded from performing engineering services ~htch are purely inci~ental to his architectural practice. However, no engmeer shall practice architecture or use the designation "architect" or any term derived therefrom, an~ no ~rch,!tec~ shall practice engineering or use the destgnatjon engmeer" or any term derived therefrom. History.-ss., 9, ch ; ss. 25, 26, ch ss. 2 3 ch ss 26, 48, ch ' ' ' ' 'Note.-Expires July I, 985, pursuant to s. 26, ch , and is scheduled for review pursuant to s..6 in advance of that date. Repealed effective Octo ber l, 988, by s. 2, ch. 8-38, and scheduled for review pursuant to s..6 in ~d va n ce of that date. Expires October l, 988, pursuant to s. 48, ch , and ts scheduled for review pursuant to s..6 in advance of that date Short title. Definitions. Enforcement. Rules. CHAPTER482 PEST CONTROL

5 s SUPPLEMENT TO FLORIDA STATUTES 98 s Inspectors. Licenses. Prerequisite for issuance of occupational license. Identification cards. Certificate; disposition of moneys received. False use of certificate. Qualifications for examination and certification. Examinations. Special identification card. Duties of certified pest control operator in charge of pest control activities of licensee. Remedies of department. Other disciplinary measures and probation. Offenses committed prior to this act. Limitations. Violation and penalty. Liens on real and personal property. Exemptions. Grandfather clause. Termite or other wood-destroying organism inspection report; notice of inspection or treatment. Guarantees and warranties. Use of fogging machines permitted. Liberal interpretation. Preemption. Application of law Short title.-[the repeal of this section by s. 2, ch. 8-38, was nullified by s. 4, ch Repealed effective October, 992, by s. 5, ch , and scheduled for review pursuant to s..6 in advance of that date.] ' Definitions.-For the purposes of this measure, and unless otherwise required by the context, the following definitions shall prevail, to wit: () "Agricultural area" means any area upon which a ground crop, trees, or plants are grown for commercial purposes; or where a golf course, park, nursery, or cemetery is located; or where farming of any type is performed or livestock is raised. (2) "Department" means the Department of Health and Rehabilitative Services. (3) "Business location" means any advertised permanent location in or from which pest control business is solicited, accepted, or conducted. (4) "Category" means a distinct branch or phase of pest control for which a pest control operator's certificate may be issued such as: fumigation, general household pest control, rodent control, pest control with respect to termites and other wood-destroying organisms, lawn and ornamental pest control, and such a combination or division of such branches of pest control as the department may by rule establish. (5) "Certified operator" means an individual holding a current valid pest control operator's certificate issued by the department. (6) "Fumigation" means the use, within an enclosed space or in or under a structure or tarpaulins, of a fumigant in concentrations which may be hazardous to man. (7) "Fumigant" means a chemical which, at a required temperature and pressure, can exist in the gaseous state in sufficient concentration to be lethal to a given organism. This definition implies that a fumigant acts as a gas in the strictest sense of the word. This definition excludes aerosols which are particulate suspensions of liquids or solids dispersed in air. (8) "General household pest control" means pest control with respect to any structure, not including fumigation or pest control with respect to termites or other wood-destroying organisms. (9) "Identification cardholder" means a person to whom a current card has been issued by the department appropriately identifying the holder to the public or to any officer or any agent of the department charged with, or entitled to exercise any function in connection with, the enforcement of this chapter and any rules made pursuant to this chapter. (0) "Lawn" means the turf formed from grass or other plants. () "Lawn and ornamental pest control" means pest control with respect to any lawn, ornamental, or terrestrial weed, but specifically excludes pest control in, on, or under structures. (2) "Licensee" means a person, partnership, firm, corporation, or other business entity having alicense issued by the department for engaging in pest control at a particular business location. (3) "This measure" means this law and rules of the department. (4) "Ornamental" means any shrub, bush, tree or other plant used or intended for use in connection with the occupation or use of any structure or the use by man for purposes other than as an agricultural area. (5) "Pest control" means all or any one or more of the following: (a) The use of any method or device or the application of any substance to prevent, destroy, repel, mitigate, curb, control, or eradicate:. Any pest in, on, or under a structure, lawn, or ornamental; or 2. Any terrestrial weed; (b) The identification of or inspection for:. Infestations or infections in, on, or under a structure, lawn, or ornamental; or 2. Terrestrial weeds; 605 (c) The use of any pesticide, economic poison, or mechanical device for preventing, controlling, eradicating, identifying, inspecting for, mitigating, diminishing, or curtailing:. Insects, vermin, rodents, pest birds, bats, or other pests in, on, or under a structure, lawn, or ornamental; or 2. Terrestrial weeds; (d) All phases of fumigation, including:. The treatment of products by vault fumigation; and 2. The fumigation of boxcars, trucks, ships, airplanes, docks, warehouses, and common carriers; and (e) The advertising, soliciting, or acceptance of any such work. (6) "Pesticide or economic poison" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other

6 s SUPPLEMENT TO FLORIDA STATUTES 98 s forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant. (7) "Pests" means arthropods, wood-destroying organisms, rodents, or any other obnoxious or undesirable living plant or animal organism. (8) "Rodent" means rats, mice, squirrels and flying squirrels, and any other animal of the order "rodentia," including bats, which may become a structure pest. (9) "Rodent control" means application of remedial measures for the purpose of controlling rodents. (20) "Special identification cardholder" means a person to whom an identification card has been issued by the department showing that he, the holder, is authorized to perform a particular function or functions of a certified pest control operator as may be specified thereon. (2) "Structure" means any type of edifice or building, together with the land thereunder, together with the contents thereof, together with any patio or terrace thereof; also, that portion of land upon which work has commenced for the erection of an edifice or building; also, railway cars, motor vehicles, trailers, barges, boats, ships, aircraft, wharves, docks, warehouses, and common carriers. (22) "Structural pest control" means pest control except with regard to lawns, ornamentals, and terrestrial weeds. (23) "Termite or other wood-destroying organism control" means pest control with respect to any termite or other wood-destroying organisms, including fungi, by the use of any chemical or mechanical methods, including moisture control for the prevention or control of fungus in existing structures, but not including fumigation or general household pest control. (24) "Advanced training or a major in entomology or horticulture" means completion of 20 semester hours or 30 quarter hours of college credits in these subjects. (25) "Terrestrial weed" means any obnoxious or undesirable living plant other than an aquatic plant or a plant in an agricultural area. Terrestrial weeds may occur only in, on, or among lawns or ornamentals. (26) "Infestation" means the presence of living pests in, on, or under a structure, lawn, or ornamental. (27) "Wood-destroying organism" means arthropod or plant life which damages a structure, namely termites, powder-post beetles, wood-boring beetles, wood-boring wasps, carpenter bees, and wooddecaying fungi. (28) "Certified operator in charge" means a certified pest control operator who is a state resident whose primary occupation is the pest control business, who is employed on a full-time basis by a licensee, and whose principal duty is the personal supervision of the licensee's operation in the category or categories of pest control in which the operator is certified. History.-s. I, ch ; s. I, ch ; ss. 9, 35, ch ; s. 76, ch ; s. 3, ch ; s. 80, ch ; s. 370, ch ; s. I, ch ; s., ch ; ss. 2, 3, ch. 8-38; ss. I, 4, 5, ch 'Note.- Expires October I, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date Enforcement.-[The repeal of this section by s. 2, ch. 8-38, was nullified by s. 4, ch Repealed effective October, 992, by s. 5, ch , and scheduled for review pursuant to s..6 in advance of that date.] Rules.- () The Department of Health and Rehabilitative Services is authorized, empowered, and directed to make rules to carry out the intent and purpose of this chapter. The department shall adopt rules for the protection of the health, safety, and welfare of pest control employees and the general public, in conformity with this chapter, by requiring that all pesticides or economic poisons be used only in accordance with the registered label and labeling, or otherwise accepted by the United States Environmental Protection Agency, the United States Department of Agriculture, or the Department of Agriculture and Consumer Services. (2) To formulate recommendations, the department may hold public hearings or counsel with members of the industry. (3) The department shall adopt rules requiring that vehicles and trailers used in pest control be permanently marked for identification with the name that is registered with the department, that a written contract be required for control of termites and other wood-destroying organisms, and that provisions necessary to assure consumer protection be specified by the department and required in the contract. Licensees shall comply with the contracts. (4) The department shall adopt rules requiring that each licensee, before performing general fumigation, notify in writing the county health unit having jurisdiction over the location where the fumigation operation is to be performed. Such notice shall be received by the county health unit at least 24 hours in advance of the fumigation period and shall contain such information as the department may require. However, in authentic and verifiable emergencies only, when 24 hours' advance notification is not possible, advance telephone or telegraph notice shall be given; and such notice shall be immediately followed by written confirmation stating the required information. History.-s. I, ch ; s., ch ; ss. 4, 9, 35, ch ; s. 3, ch ; s. 372, ch ; s., ch. 77-6; s., ch ; s. 9, ch ; ss. 2, 3, ch. 8-38; ss. 2, 4, 5, ch 'Note.- Expires October, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date Inspectors.-[The repeal of this section by s. 2, ch. 8-38, was nullified by s. 4, ch Repealed effective October, 992, by s. 5, ch , and scheduled for review pursuant to s..6 in advance of that date.] Licenses.- () The Department of Health and Rehabilitative Services may issue licenses to qualified businesses to engage in pest control in this state. It is unlawful for any person to operate a pest control business that is not licensed by the department. (a) Before entering business or upon transfer of

7 s SUPPLEMENT TO FLORIDA STATUTES 98 s business ownership, and also annually thereafter, on or before an anniversary date to be set by the department for each licensed business location, each person, firm, partnership, or corporation engaged in pest control shall apply to the department for a license, or a renewal thereof, for each business location. Applications shall be on forms prescribed and furnished by the department. (b) The issuance fee for a license shall not be more than $75 or less than $50. The renewal fee shall not be more than $75 or less than $50. Until rules are adopted by the department, the issuance fee and renewal fee shall each be $50. After a grace period not exceeding 30 calendar days following the anniversary renewal date, there shall be a late renewal charge of $50 which shall be assessed and paid in addition to the renewal fee. (c) Unless timely renewed, a license shall automatically expire 60 calendar days after the anniversary renewal date. Subsequent to such expiration, alicense may be reinstated only upon reapplication and payment of the issuance fee and any late renewal fees due, as provided herein. (d) A license shall automatically expire when alicensee changes his business location address or his business name as registered with the department. The old license shall be surrendered and a new license shall be issued for the remainder of the unexpired term for a fee of $0. (e) The department shall not issue a license to a pest control business unless its pest control activities are in the charge of a certified operator or operators certified in the categories of the licensee and resident in the state. (f) All fees collected by the department shall be deposited in the Pest Control Trust Fund and shall be used in carrying out the provisions of this measure. (2) Each licensee shall display his license within his business location. Each business location must be licensed. (3) No licensee shall operate a pest control business without carrying the required insurance coverage. Each person making application for a pest control business license or renewal thereof shall furnish to the department a certificate of insurance that meets the requirements for minimum financial responsibility for bodily injury and property damage consisting of: (a) Bodily injury: $00,000 each person and $300,000 each occurrence; and (b) Property damage: $50,000 each occurrence and $00,000 aggregate. History.- s., ch ; s., ch ; ss. 9, 35, ch ; s., ch ; s. 3, ch ; s. 374, ch ; s., ch ; s. 4, ch ; ss. 2, 3, ch. 8I-;ll8; ss. 3, 4, 5, ch 'Note.- Expires October, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date Prerequisite for issuance of occupational license.-[the repeal of this section by s. 2, ch. 8-38, was nullified by s. 4, ch Repealed effective October, 992, by s. 5, ch , and scheduled for review pursuant to s..6 in advance of that date.] Identification cards.- () Either the licensee or certified operator in charge shall apply to the department for an identification card for each employee who will perform pest control therefor within 30 days of employment of such person, on a form prescribed by the department. The identification card shall be carried on the employee's person while performing or soliciting pest control and shall be presented on demand to the person for whom pest control is being performed or solicited or to any inspector, or to such other persons as may be prescribed by the rules of the department. (2) The responsibility for obtaining identification cards for employees is jointly on the licensee and the certified pest control operator in charge. However, no one shall perform pest control without being of good moral character and carrying on his person a current valid identification card and without having affixed thereto his signature and a current photograph of himself. No licensee or certified operator shall assign or use any employee to perform pest control without trained supervision unless such employee is trained and qualified. No one shall perform, solicit, inspect, or apply pest control without first having had at least 5 days of field training under the direct supervision, direction, and control of a certified operator. An identification card shall automatically expire when the holder thereof ceases to be an employee of the licensee which secured the card. In such case, either the licensee or certified operator in charge shall obtain and destroy the old card and shall notify the department in writing of the date of termination within 0 days. Each card issued shall expire on the licensee's next anniversary date after issuance or upon transfer of business ownership, change of business name registered with the department, or change of licensee's business location address. Each card shall be renewed annually thereafter on or before the licensee's anniversary date as set by the department for each licensed business location. The fee for each identification card is $5. (3) An employee whose duties are confined to office secretarial, bookkeeping, office clerical, office filing, trenching, digging, raking, putting up or taking down tents, clamping, carrying away debris, or such activities as specified by the department shall be made exempt by the department from being required to hold an identification card. (4) No person shall be issued or hold an identification card for more than one licensee at any one time, except a certified operator for the express and sole purpose of, and period for, obtaining experience to qualify for examination in a category for which such person is not certified and seeks certification. (5) A licensee having more than one licensed business location may assign an identification cardholder to any of its licensed business locations without obtaining another identification card for such holder, except that this subsection shall not apply to certified operators in charge. (6) For every person who performs inspections pursuant to s , the licensee shall apply for an identification card which identifies that person as having received special training to perform such inspections pursuant to s The application for such identification card shall be accompanied by an

8 s SUPPLEMENT TO FLORIDA STATUTES 98 s affidavit, signed by the prospective identification cardholder, which shall state that the prospective identification cardholder has received adequate training in the control and detection of wooddestroying organisms, including but not limited to the following: (a) The biology, behavior, and identification of wood-destroying organisms with particular emphasis on ones common to this state and the damage caused by such organisms; (b) The inspection forms to be used to report the finding; and (c) Applicable federal, state, and local laws or ordinances. Such identification cards shall be applied for, issued, and used in accordance with the provisions of this section. This subsection does not apply to a certified operator who is certified in the category of pest control with respect to termites and other wooddestroying organisms. No person shall perform such inspections unless under the supervision of a certified operator in charge who is certified in the category of termite and other wood-destroying organisms. History.-s. I, ch ; s. I, ch ; s. 5, ch ; ss. 9, 35, ch ; s. 2, ch ; s. 3, ch ; s. 376, ch ; s., ch ; s. 5, ch ; ss. 2, 3, ch. 8-38; ss. 4, 4, 5, ch 'Note.-Expires October, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date. '482. Certificate; disposition of moneys received.- () The Department of Health and Rehabilitative Services shall issue a pest control operator's certificate to each individual who qualifies under this measure. Before engaging in pest control work, each pest control operator shall be certified as provided herein. Application shall be made and the issuance fee shall be paid to the department for the original certificate within 60 days from the date of written notification of passing the examination. During a period of 30 calendar days following expiration of the 60-day period, an original certificate may be issued; however, a late issuance charge of $50 shall be assessed and paid in addition to the issuance fee. No original certificate shall be issued after expiration of the 30-day period without reexamination. (2) Annually thereafter, oil or before an anniversary date set by the department, each individual so issued a pest control operator's certificate shall apply to the department on forms of the department for renewal of such certificate. After a grace period of not exceeding 30 calendar days following such renewal date, a late renewal charge of $50 shall be assessed and paid in addition to the renewal fee. Unless timely renewed, a certificate shall automatically expire 80 calendar days after the anniversary renewal date. Subsequent to such expiration, a certificate may be reinstated only upon successful reexamination and upon payment of the examination and issuance fees due, as provided herein. Each certified operator in charge of pest control at a licensed business location shall display his certificate and current renewal receipt at the business location in his charge. (3) Each category of each licensee shall be in the charge of a certified operator who is certified for the particular category. A certified operator may be in 608 charge of one or more of all categories provided he is certified for such categories. (4) No person shall be in charge of the performance of pest control activities of any category of any licensee unless such person is properly certified. (5) No certified operator shall be in charge of the performance of pest control activities at more than one business location; however, the department shall prescribe by rule that, during the temporary absence of the certified operator currently registered in charge of a licensed business location, the licensee may, for a period not exceeding 30 days, designate another certified operator, certified in the same categories as the certified operator in charge, to be in charge of and responsible for performing those duties requiring the physical presence of a certified operator in charge. In any such case, the certified operator designated temporarily in charge and the licensee shall be held jointly responsible for the pest control work p erformed and for compliance with other provisions of this measure. (6) The fee for issuance of each original certificate, and the fee for renewal thereof, shall not be more than $75 or less than $50. Until rules providing otherwise are adopted by the department, the issuance fee and the renewal fee shall each be $50. (7) All moneys received by the department under this measure, other than fine revenues as provided in s (7), shall be deposited in the Pest Control Trust Fund and shall be used by the department in carrying out the provisions of this measure and in the education of the pest control industry. All expenditures authorized by this measure shall be paid upon presentation of vouchers approved by the departm~. (8) Certificates issued by the department are not transferable to another person. (9) In the event of the loss of a certified operator in charge or other emergency, one or more emergency pest control certificates may be issued by the department, upon the request of the licensee, to one or more designated, trained identification cardholders for a period of 0 days. The department may issue additional emergency certificates to one or more designated, trained identification cardholders for periods not to exceed 60 days, for up to a maximum of year. The sum of the periods for which emergency certificates are issued to the same licensee shall not exceed year during any 3-year period except in the event of the death of a certified operator, in which case, additional emergency certificates may be issued for an extension of up to 20 days. The department shall collect $25 for each 0-day emergency certificate and $50 for each additional period for which an emergency certificate is issued. Upon request by the department, the licensee shall submit interim reports at 30- day intervals containing documented evidence indicating specific actions being taken to fill the vacancy created by the loss or other emergency. The department shall adopt rules and prescribe forms for this purpose; however, an emergency certificate shall not be issued in the category of fumigation. (0) Prior to the renewal date 6f a certificate, the certificateholder shall complete 4 hours of approved continuing education or pass an examination given by the department. Failure to meet continuing edu-

9 s SUPPLEMENT TO FLORIDA STATUTES 98 s cation requirements or to pass an examination shall result in the nonrenewal of a certificate. Courses or programs to be considered for credit shall contain one or more of the following topics: (a) The law and rules of the state pertaining to pest control. (b) Precautions necessary to safeguard life, health, and property in the conducting of pest control and the application of pesticides. (c) Pests, their habits, recognition of the damage they cause, and identification of them by accepted common name. (d) Current accepted industry practices in the conducting of fumigation, termite control, lawn and ornamental pest control, and household pest and rodent control. (e) How to read labels, a review of current state and federal laws on labeling, and a review of changes in or additions to labels used in pest control. The certificateholder shall submit with his application for renewal a statement certifying that he has completed 4 hours of continuing education. The statement shall be on a form prescribed by the department and shall identify at least the date, location, provider, and subject of the training and such other information as may be required by the depart-. ment. The department shall charge a fee for examination as provided ins (2). History.-s., ch ; s. 2, ch. 6-54; s. I, ch ; ss. 4, 35, ch ; s. 3, ch ; s. 377, ch ; s. I, ch ; s. 6, ch ; ss. 2, 3, ch ; ss. 5, 4, 5, ch 'Note.- Expires October, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date False use of certificate.-[the repeal of this section by s. 2, ch. 8-38, was nullified by s. 4, ch Repealed effective October, 992, by s. 5, ch , and scheduled for review pursuant to s..6 in advance of that date.] ' Qualifications for examination and certification.- (!) The department may award a pest control operator's certificate to an individual who has passed the examinations prescribed by the department and who submits to the department proof that he is not under the disabilities of minority and that he is domiciled in and a resident citizen of the state, is of good moral character and of good reputation for fair dealings, is qualified to be a certified operator with safety to persons and property, and is otherwise qualified under the provisions of this chapter and the rules made pursuant hereto. (2) Each applicant for examination for pest control operator's certificate must possess one of the following basic qualifications: (a) Three years as a service employee of a licensee who performs pest control in the category or categories in which the service employee seeks certification, year of which employment must have been in this state immediately preceding application for examination, except that a maximum of 30 calendar days break in this -year requirement will be authorized; or (b) A degree with advanced training or a major in entomology or horticulture from a recognized college 609 or university. Those holding a degree with advanced training or a major in entomology are qualified for the examination in general household pest control, lawn and ornamental pest control, termite or other wood-infesting organisms control, and fumigation. Those holding a degree with advanced training or a major in horticulture are qualified for the examination in lawn and ornamental pest control. (3) Each applicant must have knowledge of practical and scientific facts of pest control and be a graduate of an accredited high school or submit to the department satisfactory evidence of equivalent education. History.-s. I, ch ; s. I, ch ; ss. I, 2, ch ; ss. 9, 35, ch ; s. 3, ch ; s. I, ch. 77-6; ss. 378, 379, ch ; s. I, ch ; s. 8, ch ; ss. 2, 3, ch ; ss. 6, 4, 5, ch 'Note.-Expires October I, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date. Note.-Subsections (2) and (3) formers cf.- s. 2.0 Felons; removal of disqualifications for employment, exceptions. '482.4 Examinations.- (!) Each individual seeking certification must satisfactorily pass an examination which must be written but which may include practical demonstration. A minimum of two examinations shall be held annually. (2) Applications for examination shall be made in accordance with rules of the department. Each application must be accompanied by a fee of not more than $00 or less than $75, to be set by the department, for each category in which the applicant desires to be examined; until rules providing otherwise are adopted by the department, the examination fee for each category shall be $75. Any applicant who fails to pass one or more categories may reapply for examination upon the payment of additional fees as provided in this subsection. (3) The department shall give an examination in each category testing the applicant's knowledge of pest control as applicable to the specific category applied for. Applicants may seek certification in one or more categories. The certificate shall state the categories allowed thereby. ( 4) All provisions of this measure apply whenever a certified operator is certified in less than all categories except that the activities of each certified operator, and the categories in his charge of any licensee, are confined to the category or categories granted. (5) No refunds of these fees shall be made unless the applicant can present written evidence that he was under military orders, on jury duty or otherwise subpoenaed, or under medical care which precluded his reporting to take the examination, in which case the department shall exercise its discretion on refunds. History.-s., ch ; s. I, ch ; ss. 9, 35, ch ; s. 3, ch ; s. 380, ch ; s. I, ch ; s. 9, ch ; ss. 2, 3, ch ; ss. 7, 4, 5, ch 'Note.-Expires October I, 992, pursuant to s. 5, ch , and is scheduled for review pursuant to s..6 in advance of that date. '482.5 Special identification card.- () Any individual who performs fumigation shall be required to become a special identification cardholder, unless such individual is a certified operator who is certified in the category of fumigation. The special identification cardholder or certified operator