Ch. 480 MASSEURS AND MASSEUSES Ch. 480 · Ch. 480 MASSEURS AND MASSEUSES Ch. 480 shall issue to the...

Ch. 480 MASSEURS AND MASSEUSES Ch. 480

shall issue to the school a document evidencing registration.

History.-s. 1, ch. 77-261.

480.021 Display and recording of certificate and registration.-

(!) A masseur shall conspicuously display his original certificate and his current renewal certificate in his regular place ofbusiness or employment.

(2) A registrant shall conspicuously display his registration on the registered premises.

(3) Within 30 days after a certificate or registration is issued, a masseur or registrant shall record a copy of his certificate or registration with the Clerk of the Circuit Court of each county in which he practices massage or does business.

(4) No certificate shall be displayed on any premises unless the masseur practices massage on the premises and unless the premises are registered according to the provisions of this chapter and the rules or regulations of the board.

History.-s. 1, ch. 77-261.

480.022 Disciplinary action.-(1) For cause shown, or upon a complaint written

and signed by the complainant, the board may investigate a masseur, apprentice, establishment, or massage school. The board shall restrict such investigation to the matter of the cause shown or of the written complaint, and may discipline such masseur, apprentice, establishment, or school if it finds any of the following acts or omissions:

(a) A masseur, registrant, or apprentice misrepresents facts required to be shown by this chapter or by rule or regulation of the board;

(b) A masseur or registrant practices massage or does business under a false name or impersonates another masseur;

(c) A masseur or registrant advertises falsely or deceptively;

(d) A masseur, registrant, or apprentice is addicted to the habitual use of alcohol, narcotics, or stimulants to the extent that such addiction impedes his professional performance;

(e) A masseur or registrant is ignorant of the principles or techniques of massage or is grossly negligent in the practice of massage;

(f) A masseur or registrant has allowed an uncertified masseur or unapproved apprentice to administer massage in his establishment or massage school;

(g) A masseur, registrant, or apprentice is convicted of a felony relating to the practice of massage in any state;

(h) A masseur or registrant allows his certificate or registration to be displayed in a place where he does not practice massage or do business;

(i) A masseur, registrant, or apprentice repeatedly violates the provisions ofthis chapter or repeatedly endangers the health or safety of a patron;

(j) A masseur or registrant conducts, or permits the conduct of, activities unrelated to massage on the premises or portion thereof where he practices massage or does business.

(2) The board may take the following disciplinary action:

(a) Revoke a certificate or registration;

(b) Suspend a certificate or registration for not more than 1 year;

(c) Impose an administrative fine or penalty against a masseur or registrant;

(d) Censure a masseur or registrant; or (e) Discipline an apprentice pursuant to rules or

regulations adopted by the board for that purpose. (3) A person whose certificate or registration has

been revoked may apply for a new certification or registration not less than 1 year after the date of the prior revocation. The board may issue a new certificate or registration upon a showing by the applicant that he is rehabilitated.

(4) The board may remove a suspension, and the board may require the suspended person to meet conditions consistent with the authority of the board under the provisions of this chapter.

History.-s. 1, ch. 77-261.

480.023 Schedule of fees.-(l)(a) The board shall fix the application fee for

certification, not to exceed $75. (b) The board shall fix the fee for the registration

of an establishment, not to exceed $50, and of a massage school, not to exceed $150.

(c) The board shall fix renewal fees, not to ex-ceed:

1. For an establishment, $25; 2. For a certificate, $37 .50; 3. For a massage school, $75. (d) The board shall fix a reexamination fee, not

to exceed $37.50. (e) The board shall fix a fee for apprentices, not

to exceed $40. (f) The board shall impose a late fee of $15 on a

tardy renewal. (g) The board shall impose a fee of$5 for issuance

of a duplicate certificate or registration. (2) The board shall collect the fees fixed and im

posed. History.-s. 1, ch. 77-261.

480.024 Renewal of certificate or registration; penalties and restoration.-

(!) Certificates and registrations shall expire annually at midnight on December 31.

(2)(a) A certificate holder seeking renewal shall pay to the board a renewal fee prior to midnight of December 31.

(b) A certificate holder failing to renew by March 31 shall, within 1 year of March 31, pay to the board a renewal fee, a late fee, and a reexamination fee, and shall pass a practical examination prescribed by the board.

(c) A certificate holder failing to comply with paragraph (a) or paragraph (b) shall comply with all provisions of s. 480.019.

(d) Within 30 days prior to payment of a renewal fee, a certificate holder shall secure a current statement from a licensed physician as required in s. 480.019(3) and submit such statement with his renewal fee.

(e) The board may, for good cause shown, waive the provisions of paragraphs (c) and (d).

(3)(a) A registrant seeking renewal shall pay to the board a renewal fee prior to midnight of December 31.

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Ch. 480 MASSEURS AND MASSEUSES Ch. 480

(b) A registrant failing to renew by March 31 shall, within 1 year of March 31, pay to the board a renewal fee and a late fee.

(c) A registrant failing to comply with paragraph (a) or paragraph (b) shall comply with all provisions ofs. 480.0195 applicable to his registration classification and shall pay a renewal fee, a late fee, and the applicable registration fee.

History.-s. 1, ch. 77-261.

480.025 Disposition of fees.-(1) The board shall deposit and expend fees re

ceived as provided in s. 215.37. (2) The board shall pay its expenses, the expenses

of its officers, the expenses of examinations, and the expenses of matters related to carrying out the provisions of this chapter, from the moneys collected by the board.

History.-s. 1, ch. 77-261.

480.026 Power of county or municipality to regulate massage.-A county or municipality may regulate the practice of massage within its jurisdiction. Such regulation shall not exceed the powers of the state under this chapter or be inconsistent with this chapter.

History.-s. 1, ch. 77-261.

480.027 Exemptions.-(l)(a) Nothing in this chapter shall modify or re

peal any provision of chapters 458-464, inclusive, or of chapter 476, chapter 477, or chapter 486.

(b) Nothing contained in this chapter shall be construed or interpreted as applying to any person engaging in the practice of reflexology, defined as the compression of reflex areas of the feet only.

(c) Athletic trainers employed by or on behalf of a professional athletic team performing or training within this state shall be exempt from the provisions of this chapter.

(d) The state and its political subdivisions are ex-

empt from the registration requirements of this chapter.

(2) An exemption granted is effective to the extent that an exempted person's practice or- profession overlaps with the practice of massage.

History.-s. 1, ch. 77-261.

480.028 Endorsement.-(!) The board may issue a certificate by endorse

ment to a person who: (a) Pays to the board a fee equal to a certification

fee; (b) Is currently certified to practice massage un

der the law of another state; (c) Demonstrates that his out-of-state certificate

was issued upon the satisfactory completion of an examination comparable to the examination of the board; and

(d) Demonstrates that he has practiced massage in the state of certification for the 2 years preceding his application for certification by endorsement in this state.

(2) The board may interview an applicant forcertification by endorsement to determine whether he qualifies for such endorsement.

(3) The board may require an applicant under this section to pass the examination of the board.

(4) The board may adopt rules or regulations for issuing certificates by endorsement.

History.-s. 1, ch. 77-261.

480.029 Penalties for violation of this act.(1) A person convicted of violating s. 480.016, s.

480.017, s. 480.018, or s. 480.022(l)(j) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) The board may seek a court injunction to restrain a violation of this chapter.

History.-s. 1, ch. 77-261.

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Ch. 481 FLORIDA BOARD OF LANDSCAPE ARCHITECTS Ch. 481

CHAPTER 481

FLORIDA BOARD OF LANDSCAPE ARCHITECTS

481.011 Definitions as used in this chapter. 481.021 Qualifications for practice; seal. 481.031 Board of examiners. 481.041 Fees and expenses. 481.051 Examinations. 481.061 Registration; renewals, etc. 481.071 Construction of this chapter. 481.081 Corporate and partnership practice of

landscape architecture; certificate of authorization; fees; revocation or suspension; rules.

481.091 Disciplinary proceedings. 481.101 Penalties. 481.111 Prosecution of violations. 481.121 Fees. 481.131 Report of receipts and expenditures made

to Governor. 481.151 Civil proceedings.

1481.011 Definitions as used in this chapter.-(1) . "Board" means the Florida Board of Land

scape Architects of the Division of Professions of the Department of Professional and Occupational Regulation.

(2) "Landscape architect" means a person who holds a certificate to practice landscape architecture in this state under the authority of this chapter.

(3) A person who practices landscape architecture within the meaning and intent of this chapter is a person who performs professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and responsible supervision when the dominant purpose of such services is the preservation and enhancement ofland uses and natural land features; the location and construction of aesthetically pleasing and functional settings and approaches for structures, roadways and walkways; the design for trails, plantings, onsite landscape sprinkler systems and landscape water features, landscape lighting effects, landscape grading, and landscape drainage design which shall not include detailed engineering design for highways, streets, bridges, or parking areas or principal storm drainage systems, canals, channels, mains or other arteries or conveyances of storm drainage water; and the design for land use and site planning. This practice shall include the design location, arrangement, and design of such tangible objects and features as are incidental and necessary to the purposes outlined herein. Nothing herein shall preclude a duly licensed landscape architect from planning land areas or performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities in accordance with the accepted public standards of health, safety, and welfare. Nothing contained herein shall preclude a registered architect, engineer, or land surveyor from performing any of the services described in this subsection.

(4) This chapter shall not empower a landscape

architect registered under this chapter to practice or offer to practice architecture or engineering, except in the above listed recognized branches, or land surveying, or to make land surveys or final land plats for official recording. However, this limitation shall not prohibit landscape architects registered under this chapter from performing professional services described in this chapter.

History.-s. 1, ch. 65-419; ss. 30, 35, ch. 69-106; s. 1, ch. 72-59; s. 1, ch. 75-170; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

1481.021 Qualifications for practice; seal.-(1) On and after January 15, 1966, no person

shall use the designation "landscape architect," "landscape architecture," or "landscape architectural," or advertise any title or description tending to convey the impression that he is a landscape architect unless such person is registered or has obtained a temporary permit as a landscape architect in the manner hereinafter provided and shall thereafter comply with the provisions of this chapter. Every holder of a certificate shall display it in a conspicuous place in his principal office, place of business or employment.

(2) Every landscape architect shall have a seal, approved by the board, which shall contain the name of the landscape architect and the words "Registered Landscape Architect, State of Florida," and such other words .or figures as the board may deem necessary. All drawings and specifications, prepared by such landscape architect or under the supervision of such landscape architect, which are required by law to be filed with public officials shall be stamped with the aforesaid seal. Provided, however, that nothing contained herein shall be construed to permit the seal of a landscape architect to serve as a substitute for the seal of a licensed architect, a licensed professional engineer or land surveyor nor to authorize any licensed architect, licensed professional engineer or land surveyor, as the case may be, to permit his seal to be affixed to any plans, specifications or drawing, if such portions thereof, as involved in the practice of his particular profession, were not prepared by him or under his personal supervision by his regularly employed subordinate.

(3) A person engaged in the practice oflandscape architecture outside the state may prepare plans and specifications, or act as a landscape architect, for a specified site within this state if he presents evidence to the board that he is competent to practice his profession and if the board issues a temporary certificate of registration to him for the specified site. A temporary certificate shall not extend beyond the completion of the project for which it was issued and shall be subject to the same expiration and renewal provisions as regular certificates.

History.-s. 2, ch. 65-419; s. 2, ch. 75-170; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.- Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

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1481.031 Board of examiners.-(1) There is hereby created the Florida Board of

Landscape Architects consisting of five members appointed by the Governor to examine applicants for registration as landscape architects and to promulgate rules and regulations necessary to carry out the provisions of this chapter. The board shall provide for the manner of applying for examinations and the time, place, and notice of examinations.

(2) Each member of the board shall be a registered landscape architect or shall be eligible to receive a certificate of registration from the board under the provisions of this chapter, a citizen of the United States, a resident of this state for not less than 5 years and shall have been engaged in the practice of landscape architecture as above defined for not less than 10 years. Upon this chapter becoming a law the Governor shall make appointments to the board as herein provided.

(3) The terms of the members of the board first appointed shall expire as follows: One member January 1, 1967; two members January 1, 1968; and two members January 1, 1969. All appointments thereafter shall be for 3-year terms. The Governor may at any time fill vacancies on such board for the unexpired term. Each member of such board shall hold over after the expiration of his term until his successor shall have been duly appointed and qualified.

( 4) Each member of the board, before beginning his term of office, shall file with the Department of State the constitutional oath of office.

(5) The board may sue and be sued and may employ counsel for such purposes.

(6) The board shall have the power to make such rules and regulations, not inconsistent with the law, as shall be necessary in the performance of its duties.

(7) The board shall, as soon as organized, and annually thereafter, in the month of January, elect from its number a chairman, a vice chairman, and secretary who shall also be treasurer.

(8) The treasurer shall file a bond for the penal sum of $1,000 with the Department of State, said bond to be accepted and approved by the Department of State before the treasurer shall enter upon the duties of his office.

(9) The board shall hold such meetings during the year as it may determine to be necessary, one of which shall be the annual meeting. The chairman of the board shall have the authority to call other meetings at his discretion. A quorum of the board shall consist of not less than three members.

(10) The board shall adopt a seal by which it shall authenticate its proceedings and the secretary shall have the care and custody thereof. The secretary shall keep a record of the proceedings of the board, which record shall be kept open to the public for examination.

(11) The board is authorized to employ necessary personnel.

History.- s. 3, ch . 65-419; ss. 10, 35, ch. 69-106; s. 3, ch. 75-170; s. 3, ch. 76-168; s. 1, ch. 77-457.

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1979.

fails any subject of an examination, he may take subsequent examinations upon making a nonrefundable payment to the board of $15 per subject, with a maximum payment of $45, subject to the provisions of s. 481.051.

(2) All moneys collected by the board from fees authorized by this chapter shall be received and accounted for by the board and deposited and expended as provided ins. 215.37. Members of the board shall receive $25 per day, or any part of a day, while attending official board meetings, not to exceed 12 meetings per year, or when conducting official business as authorized by the board, and per diem and mileage as provided in s. 112.061 from the place of their residence to the place of meeting and return. The secretary-treasurer of the board shall receive annual compensation as provided by the board by resolution adopted at a regular meeting.

History.- s. 4, ch. 65-419; s. 4, ch. 75-170; s. 3, ch. 76-168; s. 1, ch. 77-457. ' Note.-Repealed by s. 3, ch. 76- 168, as amended by s. 1, ch. 77-457, effective

July 1, 1979. Note.-See s. 455.007 as to administrative functions that may be assigned

to the Bureau of Records Administration, Department of Professional and Occupational Regulation.

1481.051 Examinations.-(! ) Provisions shall be made by the Florida Board

of Landscape Architects for holding not less than one examination each year.

(2) The board shall ascertain by oral or written examination.that an applicant is qualified in the use and understanding of the theory and practice of landscape architecture. The board shall determine the subject and scope of the examinations.

(3) To be eligible for admittance to the examination for registration as a landscape architect, evidence must be submitted that the applicant:

(a) Is at least 18 years of age. (b) Has satisfactorily completed an approved 4-

year high school course of study or the equivalent thereof as determined by the board.

(c) Has completed a minimum 4-year curriculum in landscape architecture approved by the Board of Landscape Architectural Accreditation and has been graduated from an accredited school, college, or university.

(d) In lieu of graduation from a recognized school, an applicant may be admitted to the examination upon presenting evidence of not less than 7 years of actual practical experience in landscape architectural work of a grade and character satisfactory to the board. Each year of education completed in a recognized school shall be considered to be equivalent to 1 year of exper ience, with a maximum credit of 4 years.

(4) The applicant shall be examined on all subjects in the year for which the original application is made. Passing any subject shall be a basis of eligibility for admission to subsequent examinations, except that if a candidate has not successfully passed all subjects in six successive examinations, he shall reapply for the total examination. Upon the applicant's examination being satisfactory to the board and the applicant having made a passing grade on

1481.041 Fees and expenses.- all subjects examined upon, with not less than 75 (1) Every applicant for examination for registra- percent in any one subject, and fulfilled the afore

tion as a landscape architect shall pay a nonrefunda- said requirements, the secretary shall issue a certifible application fee of$75 to the board. If a candidate cate to the applicant in accordance with the other

454


provisions of this chapter. (5) Time spent in landscape architectural activi

ties as part of military duties while in the Armed Forces of the United States shall apply towards the periods of diversified training required herein.

(6) The board may exempt from examination, or any part thereof, any applicant for registration as a landscape architect who holds a license or certificate to practice landscape architecture issued to him upon examination by a legally constituted board of examiners in any other state of the United States provided the requirements for such license or certificate were the full equivalent of the requirements in this state at the time it was issued, and provided further, that the applicant's record fully meets the requirements of this state in all respects other than examination.

(7) All examinations shall be prepared and conducted by or under the direction and supervision of the board and due notice ofthe time and place of the holding of such examinations shall be published in at least one daily newspaper in the state.

History.-s. 5, ch. 65-419; s. 5, ch. 75-170; s. 3, ch. 76-168; s. 1, ch. 77-116; s. 1, ch. 77-457.


Note.-See s. 455.007 as to administrative functions that may he assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation.

1481.061 Registration; renewals, etc.-(1) The result of every examination or other evi

dence of qualification shall be published by the board and a record shall be kept by the board. The board shall issue a certificate of registration to every person certified by the board as entitled to receive it, upon receipt of the original certificate fee of $50.

(2)(a) Every person to whom such a certificate of registration is issued shall renew registration annually as required by this chapter. On or before September 1 of each year, the board shall mail to every landscape architect registered in Florida and to every holder of a temporary permit, a blank application for registration, using the address given at the last previous registration or the most recent address filed with the board subsequent to such registration.

(b) Upon receipt of such application, a registrant shall complete, sign and forward the application to the board, together with the annual registration fee of $50. Upon receipt of such an application and fee, the board shall issue a certificate of registration which shall render the holder thereof a legal practitioner of landscape architecture for the period commencing November 1 of the year of issue and expiring on October 31 in the year ending the annual registration period for which such license is issued.

(c) Applications for renewal of registration must be made annually on or before November 1 of each year, and, if not so made, additional penalty of $10 for each month that the applicant is in default shall be added to the regular annual fee. Such penalties may, for good cause shown, be remitted or compromised at the discretion of the board.

(d) The board may terminate the registration of any registrant who has not renewed his registration for 3 years.

History.-s. 6, ch. 65-419; s. 6, ch. 75-170; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

Note.-See s. 455.007 as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation .

1481.071 . Construction of this chapter.-(1) None of the provisions of this chapter shall

prevent employees of those lawfully practicing as landscape architects from acting under the instructions, control or supervision of their employers.

(2) None of the provisions of this chapter shall apply to supervision by builders or superintendents employed by such builders, in the installation of landscape projects by landscape contractors.

(3) None of the provisions of this chapter shall apply to the business conducted in this state by any agriculturist, horticulturist, tree expert, arborist, forester, nurseryman or landscape nurseryman, gardener, landscape gardener, landscape designer, landscape consultant, landscape contractor, garden or lawn caretaker, or grader or cultivator ofland, as these terms are generally used, including also, but not limited to, their right to plan and supervise in connection therewith, except that no such person shall use the designation "landscape architect," "landscape architecture," or "landscape architectural," or any description tending to convey the impression that he is a landscape architect unless he is registered as provided in this chapter. Nothing in this chapter shall prevent a duly registered landscape architect from engaging in or conducting any other business whatsoever.

(4) This chapter shall not be construed to affect chapters 467,471 or 472, respectively, except that no such person shall use the designation or term landscape architect," "landscape architectural," "landscape architecture," "landscape engineering," or any description tending to convey the impression that he is a landscape architect unless he is registered as provided in this chapter. Architects, professional engineers and land surveyors, holding certificates to practice under their respective statutes, insofar as they practice their professions within their various branches, are exempt from registration under the provisions of this chapter.

(5) There is specifically excepted from the provisions of this chapter relating to the practice oflandscape architecture all land improvements and all plans, designs, supervisions, works and executions of or for land improvements by building contractors or by owners of a substantial legal or equitable ownership interest in lands being improved, together with contiguous road rights-of-way, playgrounds and parks, provided, however, the provisions of this section shall in nowise authorize or permit the use of the terms "landscape architect," "landscape architecture," "landscape architectural," or any description tending to convey the impression that such builder or owner is a landscape architect unless he is registered as provided in this chapter.

History.-s. 7, ch. 65-419; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

1481.081 Corporate and partnership practice of landscape architecture; certificate of authorization; fees; revocation or suspension; rules.

(1) The practice or offer to practice of landscape architecture by individual landscape architects reg-

455


istered under this chapter through a corporation or partnership offering landscape architectural services to the public, or through a corporation or partnership offering landscape architectural services to the public through individual registered landscape architects as agents, employees, officers, or partners, is permitted, subject to the provisions of this section if:

(a) One or more of the principal officers of such corporation, or partners of such partnership, and all personnel of such corporation or partnership who act in its behalf as landscape architects in this state are registered landscape architects as provided by this chapter;

(b) All persons in control of such corporation and all partners of such partnership are registered landscape architects under this chapter, registered professional engineers as provided in chapter 471, registered land surveyors as provided in chapter 472, or registered architects as provided in chapter 467;

(c) One or more of the officers, one or more of the directors, one or more of the owners of such corporation, or one or more of the partners of such partnership is a registered landscape architect as provided in this chapter; and

(d) Said corporation or partnership has been issued a certificate of authorization by the board as provided herein.

(2) All documents involving the practice oflandscape architecture which are prepared for the use of such corporation or partnership shall bear the signature and seal of a registered landscape architect. However, no landscape architect shall affix, or permit to be affixed, his seal or his name to any plan, specification, drawing, or other related document which was not prepared by him or under his responsible supervising control.

(3) Nothing in this section shall be construed to mean that a certificate of registration to practice landscape architecture may be held by a corporation or partnership.

(4) A corporation or partnership desiring a certificate of authorization shall file with the board an application upon such a form to be prescribed by the board and the designation required by subsection (5) accompanied by the fee prescribed by the board, which fee shall not exceed $75.

(5) A corporation shall file with the board, using a form provided by the board, the names and addresses of all officers and board members of the corporation, including the principal officer or officers, duly registered to practice landscape architecture in this state, and also of all individuals duly registered to practice landscape architecture in this state who shall be in responsible charge of the practice oflandscape architecture by said corporation in this state. A partnership shall file with the board, using a form provided by the board, the names and addresses of all partners of the partnership, including the partner or partners duly registered to practice landscape architecture in this state, and also of an individual or individuals duly registered to practice landscape architecture in this state who shall be in responsible charge of the practice of landscape architecture by said partnership in this state. The same form, giving the same information, must accompany the annual

certificate of authorization renewal fee prescribed by the board. In the event there is a change in any of these persons during the year, such changes shall be designated on the same form and filed with the board by the corporation or partnership within 30 days after the effective date of such change.

(6) If all the requirements ofthis section are met, the board shall issue to such corporation or partnership a certificate of authorization. Revocation or suspension of a certificate of authorization held by such corporation or partnership as provided in this section shall be administered by the board in the same manner as provided for revocation of an individual landscape architect's certificate of registration as provided in s. 481.091.

(7) Persons seeking to incorporate under the provisions of this section shall obtain approval from Florida State Board of Landscape Architecture prior to filing their articles of incorporation with the Department of State.

(8) The fact that individual registered landscape architects practice landscape architecture through a corporation or partnership as provided in this section shall not relieve such landscape architects from personal liability for their professional acts, and each such corporation, and su·ch stockholders as are landscape architects, or partnership shall be jointly and severally liable for the professional acts of agents, employees, officers, or partners.

History.- s. 8, ch. 65-419; s. 2, ch. 72-59; s. 3, ch . 76-168; s. 1, ch. 77-457. ' Note.- Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

1481.091 Disciplinary proceedings.-(! ) The board shall have the power to revoke or

suspend the certificate of registration or temporary permit of a landscape architect or reprimand, censure, or otherwise discipline a landscape architect in accordance with the following provisions and procedures in any of the following cases:

(a) Upon proof that such a certificate or permit has been obtained or that the holder thereof has obtained such license by fraud or misrepresentation.

(b) Upon proof that the holder of such a certificate or permit has been adjudged guilty of a felony by a competent court .

(c) Upon proof that the holder of such a certificate or permit is guilty of fraud or deceit or of gross negligence, incompetency or misconduct in the practice of landscape architecture.

(d) Upon proof that the holder of such a certificate or permit has permitted his seal to be affixed to any plans, specifications or drawings if such portions thereof as involve the practice oflandscape architecture were not prepared by him or under his personal supervision by his regularly employed subordinate.

(2)(a) Any person may prefer charges against a landscape architect. Such charges shall be in writing and sworn to by a complainant and shall be furnished the board. Unless the charges are dismissed by the board as unfounded or trivial, they shall be heard by the board within 6 months after the date on which they are filed .

(b) The accused shall have the right at such hearing, to appear personally and by counsel, to crossexamine witnesses against him and to produce evidence and witnesses in his defense. The board shall

456


fix the time and place for such hearing and shall cause a copy of the charges, together with a notice of the time and place fixed for the hearing, to be served on the accused at least 30 days before the date fixed for the hearing.

(c) lfby a majority vote of the board the accused is found guilty of the charges or any of them, the board shall issue an order revoking, suspending or annulling the certificate or permit of the accused or reprimanding, censuring or otherwise disciplining him or dismissing the charges.

(d) Nothing herein contained shall estop the board from initiating proceedings in any case.

(e) The board may restore a certificate to any person whose certificate has been revoked. Application for the reissuance of a certificate shall be made in such manner as the board may direct.


July 1, 1979.

'481.101 Penalties.-(!) It shall be a misdemeanor of the first degree,

punishable as provided ins. 775.082 or s. 775.083, for any person to:

(a) Hold himself out as a landscape architect, unless duly registered as provided in this chapter.

(b) Present as his own the certificate of another. (c) Give false or forged evidence to the board or

member thereof in obtaining a certificate of registration.

(d) Falsely impersonate any other practitioner, of like or different name.

(e) Use or attempt to use a certificate that has been revoked.

(f) Otherwise violate any of the provisions of this chapter.

(2) All courts within this state having jurisdiction over misdemeanors are hereby empowered to hear, try and determine such crimes upon information and to impose in full the punishments herein prescribed.


July 1, 1979.

'481.111 Prosecution of violations.-(!) All violations of the provisions of this chapter

when reported to the board and duly substantiated by affidavits or other satisfactory evidence shall be investigated by it, and if the report is found to be true and the evidence substantiated, the board shall report such violation to the proper prosecuting officer and request prompt prosecution.

(2) The board may appoint a secretary and inspector for the purpose of enforcing the provisions of this chapter.

(3) All officials of any city, town, or village in this state charged with the enforcement of laws, ordinances or regulations relating to the development of land areas, shall assist the board in the enforcement of this chapter.


July 1, 1979.

schedule: (1) The application fee for examination shall be

$75. (2) The fee for an original certificate shall be $50. (3) The fee for a replacement or duplicate certifi-

cate shall be $10. · (4) The annual registration fee shall be $50.


July 1, 1979. Note.--See s. 455.007 as to administrative functions that may be assigned

to the Bureau of Records Admm1stratwn, Department of Professional and Occupational Regulation.

'481.131 Report of receipts and expenditures made to Governor.-Annually, during the month of July, the secretary of the board shall make to the Governor of the state a complete statement of the receipts and expenditures of the board, attested by affidavit of the president and secretary, and a complete report of the transactions of the board with its recommendations for the advancement and betterment of the profession.


July 1, 1979. Note.--See s. 455.007 as to administrative functions that may be assigned

to the Bureau of Records Adrrumstratlon, Department of Professional and Occupational Regulation.

'481.151 Civil proceedings.-(!) As cumulative of any other remedy or crimi

nal prosecution, whenever it shall appear to the Florida State Board of Landscape Architecture that any person is or has been violating any of the provisions of this chapter, or the lawful rules, regulations, or orders of the board, or any of the laws of the state relating to landscape architecture, the said board may file a proceeding in the name of the state, on its own relation', and by its counsel alleging the facts, and praying for a temporary restraining order, an injunction and permanent injunction, against such person, restraining him from violating or disobeying or commanding him to obey such law, order, rule or regulation.

(2) Upon proper application and showing that such person is not registered or that a renewal certificate has not been applied for, or that registration has been denied, revoked or suspended, or that the law, order, rule, or regulation has been or is about to be violated or disobeyed, which showing may be made by affidavit, the court wherein the proceeding shall have been filed, may issue a temporary restraining order or injunction, or a preemptory writ of mandamus, and upon final hearing may grant and issue an injunction including mandatory injunction, or a preemptory writ of mandamus, upon finding the truth and sufficiency of the allegations of the bill or petition justifies such action. The court may enforce said injunction, or by such other writs and process, mesne or final as are permitted to circuit courts and shall make such other orders as its discretion and rules shall require. Such injunction or writ may be limited in time, perpetual or conditional, as may be necessary and proper to the enforcement of this chapter, or the lawful rules, regulations, or orders of

'481.121 Fees.-The board shall issue a receipt to the board, or the law of the state relating to landeach landscape architect promptly upon payment of scape architecture. the annual registration fee. The amount of fees pre- History.-s. 15, ch. 65-419; s. 3, ch. 76-168; s. 1, ch. 77-457. scribed by this section is that fi'xed by the following J~~o~~-;-g~;pealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

457

Ch. 482 PEST CONTROL Ch. 482

CHAPTER 482

PEST CONTROL

482.011 482.021 482.032 482.051 482.061 482.071 482.081

482.091 482.111 482.121 482.132 482.133 482.141 482.151 482.152

482.161 482.162

482.171

482.181 482.182 482.183 482.191 482.201 482.211 482.231 482.241 482.242 482.25

Short title. Definitions. Enforcement. Rules. Inspectors. Licenses. Prerequisite for issuance of occupational

license. Identification cards. Certificate; disposition of moneys received. False use of certificate. Qualifications for certificate. Qualification for examination. Examinations. Special identification card. Duties of certified pest control operator in

charge of pest control activities oflicens" ee.

Grounds for suspension and revocation. Other disciplinary measures and proba

tion. Revocation or suspension of certificate or

license. Judicial review. Offenses committed prior to this act. Limitations. Violation and penalty. Liens on real and personal property. Exemptions. Use of fogging machines permitted. Liberal interpretation. Preemption. Application of law.

1482.011 Short title.-This act may be cited as the "Pest Control Act."

History.-<l. 1, ch. 59-454; s. 1, ch. 65-295; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.021 Definitions.-For the purposes of this measure, and unless otherwise required by the context, the following definitions shall prevail, to wit:

(1) "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 location in or from which pest control business is solicited, accepted and 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-infesting organisms; and, lawn and ornamental pest control; and, such a combination or division of such branches of pest control as the division may by rule establish.

(5) "Certified operator" means an individual holding a current valid pest control operator's certif-

icate issued by the division. (6) "Fumigation" means the use, within an en

closed space, in or under a structure, 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 ofliquids 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-infesting organisms.

(9) "Identification cardholder" means a person to whom a 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.

(10) "Lawn" means the turf formed from grass or other plants.

(11) "Lawn and ornamental pest control" means pest control with respect to any lawn or ornamental, but specifically excluding the application of pest control to structures or reference thereto.

(12) "Licensee" means a person, partnership, firm, corporation, or other business entity having a license issued ·by the department for engaging in pest control in a particular business location.

(13) "This measure" means this law and rules of the department.

(14) "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.

(15) "Pest control" means all or any one or more of the following: 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; the identification of infestation or infections in, on, or under a structure, lawn or ornamental; the use of any pesticide, attractant, repellent, rodenticide, fumigant or mechanical device, for preventing, controlling, eradicating, identifying, mitigating, diminishing, or curtailing insects, vermin, rodents, weeds, or other pests, in, on or under a structure, lawn or ornamental, all phases of fumigation, including treatment of products by vault fumigation and the fumigation of boxcars, trucks, ships, airplanes, docks, warehouses and common carriers; also, the soliciting or acceptance of such work.

(16) "Pests" means arthropods; wood-infesting organisms; rodents; any obnoxious or undesirable living plant or animal organism.

(17) "Rodent" means rats, mice, squirrels and flying squirrels, and any other animal of the order

458


"rodentia," including bats, which may become a structure pest.

(18) "Rodent control" means application of remedial measures for the purpose of controlling rodents.

(19) "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.

(20) "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.

(21) "Structural pest control" means pest control except with regard to lawns and ornamentals.

(22) "Termite or other wood-infesting organism control" means pest control with respect to any termite and other wood-infesting organisms by the use of any chemical or mechanical methods, not including fumigation or general household pest control.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 176, ch. 71-377; s. 3, ch. 76-168; s. 180, ch. 77-104; s. 370, ch. 77-147.

'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.032 Enforcement.-(!) The Department of Health and Rehabilitative

Services is empowered to enforce this measure. (2) It shall be the duty of every state attorney,

sheriff, police officer and other appropriate city and county officers to enforce, or to assist the department or any duly authorized inspector or other agent of the department in the enforcement of this act and the rules and regulations promulgated by the department under the provisions of this measure.

(3) The department may commence and maintain all proper and necessary actions and proceedings for any or all of the following purposes:

(a) To enforce its rules and regulations. (b) To make application for injunction to the

proper circuit court and the judge of said court shall have jurisdiction upon hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any ofthe provisions of this measure or from failing or refusing to comply with the requirements of this measure.

History.-s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 26, ch . 73-334; s. 3, ch. 76-168; s. 371, ch. 77-147.


1482.051 Rules.-(1) The Department of Health and Rehabilitative

Services is authorized, empowered, and directed to make rules to carry out the intent and purpose of this act. The department shall promulgate regulations for the protection of health and safety of pest control employees and the general public, in conformity with this act, by requiring that all pesticides, fumigants, and rodenticides shall be used only in accordance with the registered label, or otherwise accepted by the United States Department of Agriculture, the United States Food and Drug Adminis-

tration, or the state Department of Agriculture and Consumer Services.

(2) The department shall hold a public hearing before its rul'es become effective. The current rules and regulations of the department relative to structural pest control are continued in force with respect to this measure insofar as are appropriate until repealed or amended by the department.

(3) To formulate recommendations, the department may hold public hearings or counsel with members of the industry.

(4) The department shall promulgate regulations requiring that vehicles and trailers used in pest control be permanently marked for identification with the name that is registered with the department and that written contracts be required for control of termites and other wood-destroying organisms.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 14, 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 372, ch. 77-147; s. 1, ch. 77-161. ·


1482.061 Inspectors.-The Department of Health and Rehabilitative Services shall appoint one and may appoint two or more graduate entomologists as inspectors ofthe department. The inspectors shall also enforce this measure and shall make, or have made by representatives of the department, county or municipal health unit, inspections of licensees. The inspectors shall report all violations to the department. Appointment as a department inspector qualifies and admits a person to the certified operators examinations, and when he passes he shall receive a certificate valid only during his tenure of office. For the time a person serves as a department inspector all fees for his certifi€ate are waived.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 373, ch. 77-147.


1482.071 Licenses.-(1) 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. Before entering business and also annually thereafter, on or before an anniversary date to be set by the department for each licensee, 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. Each license expires the next anniversary date following issuance or renewal. The license fee is $25. A license shall cease to be in force when a licensee changes his business address and the old license shall be surrendered and a new license issued for a fee of$5. The department shall not issue a license to a pest control business unless its pest control activities shall be in charge of a certified operator or operators certified in the categories of the licensee and resident in the state. 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

459


his business location. Each business location must be licensed.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 1, ch. 74-74; s. 3, ch. 76-168; s. 374, ch. 77-147.


1482.081 Prerequisite for issuance of occupationallicense.-No municipality or county shall issue an occupational license to any pest control business coming under the provision of this act, unless a current license has been procured for each business location from the Department of Health and Rehabilitative Services. Upon presentation of a current business license from the department and the required fee an occupational license shall be issued in the county or municipality in which application is made.



plying the same, and also for each person who performs any of the services of routeman, serviceman, or salesman.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; s. 5, ch. 67-520; ss. 19, 35, ch. 69-106; s. 2, ch. 74-74; s. 3, ch. 76-168; s. 376, ch. 77-147.


1482.111 Certificate; disposition of moneys received.-

(1) The Department of Health and Rehabilitative Services shall issue a pest control operator's certificate to each individual who qualifies under this measure.

(2) Before engaging in pest control work and on or before June 1, of each year, each individual qualified under the provisions ofthis act for a pest control operator's certificate and permitted to be in charge of the pest control activities of a licensee, shall apply to the department on forms of the department for a pest control operator's certificate or a renewal of 1482.091 Identification cards.- such certificate. Each certificate will expire unless

(1) No licensee shall assign any person to per- renewed on or before June 1, following the issuance form or be trained for pest control without first ap- thereof. Each certified operator in charge of pest plying for an identification card for such person from the Department of Health and Rehabilitative control activities of a licensee must display his certif-

icate and current renewal form at the business locaServices, on a form prescribed by the department. The identification card shall be carried on the em- tion in his charge. , ployee's person while performing or soliciting pest (3) Each category of each licensee shall be in the control and shall be presented on demand to the charge of a certified operator who is certified for the person for whom pest control is being performed or particular category. A certified operator may be in solicited or to any inspector, or to such other persons charge of one or more of all categories provided he as may be prescribed by the rules of the department. is certified for said categories.

(2) The responsibility for obtaining identification (4) No person shall be in charge of the perform-cards for employees is jointly on the licensee and the ance of pest control activities of any category of any certified pest control operator. However, no one licensee unless such person is properly certified. shall perform pest control without being of good (5) No certified operator shall be in charge of the moral character and carrying on his person a cur- performance of pest control activities at more than rent valid identification card and without having one business location. affixed thereto his signature and a current photo- (6) The issuance fee and the renewal fee for each graph of himself. No licensee or certified operator certificate shall not exceed $25. shall assign or use any employee to perform pest (7) A certified operator who is inactive in pest control without trained supervision unless said em- control for a period not exceeding 5 years may secure ployee is trained and qualified. An identification a renewal at any time during 5 years upon payment card shall cease to be in force when the holder thereof all past fees. of ceases to be an employee of the licensee which (8) All moneys received by the department under secured the said card. In such case, the licensee or this measure shall be deposited and expended pursucertified operator will obtain and destroy the old ant to the provisions of s. 215.37, and shall be used card and shall notify the department in writing of by the department in carrying out the provisions of the date of termination within 10 days. Each card this measure and in the education of and of the proissued shall expire on the licensee's next anniversa- rooting of the pest control industry. All expenditures ry date after issuance or upon change of licensee's authorized by this measure shall be paid upon prebusiness address. Each card shall be renewed annu-ally thereafter on or before the licensee's anniversa- sentation of vouchers approved by the department. ry date as set by the department for each licensee. (9) Certificates issued by the department are not The fee for each identification card is $2. transferable to another person.

(3) An employee whose duties are confined to of- (10) In the event of death, loss of certified opera-flee secretarial, bookkeeping, office clerical, office tor or other emergency, one or more emergency pest filing, trenching, digging, raking, putting up or tak- control certificates or special identification cards ing down tents, clamping, carrying away debris or shall be issued upon the request of the licensee, to such activities as specified by the department, shall one or more designated, trained persons by the debe made exempt by the department from being re- partment for a period of 10 days. The department quired to hold an identification card. may renew the same for an additional period up to

(4) An identification card must be applied for or 90 days and for similar additional periods up to 1 obtained for each person who in any way applies any year. The department may collect not more than $10 fumigant, insecticide, attractant, repellent, rodenti- for each emergency certificate or card and not more cide, pesticide, chemical or fungicide and for each than $10 for each renewal thereof. The department person who operates any machine or device for ap- shall promulgate rules and prescribe forms for this

460


purpose, provided that an emergency certificate shall not be issued in the category of fumigation.

History.-s. 1, ch. 59-454; s. 21, ch. 61-514; s. 1, ch. 65-295; ss. 14, 35, ch. 69-106; s. 3, ch. 76-168; s. 377, ch. 77-147.

1Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.121 False use of certificate.-(1) No certified pest control operator shall allow

his certificate to be used by any licensee to secure or keep a license unless such certified operator is in charge of the pest control activities of the licensee in the category or categories covered by his certificate.

(2) No licensee shall use the certificate of any certified operator to secure or keep a license unless the holder of said certificate is in charge of the pest control activities in the category or categories of the licensee covered by his certificate.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.132 Qualifications for certificate.-The Department of Health and Rehabilitative Services may award a pest control operator's certificate or a renewal thereof to an individual who has passed the examinations prescribed by the department and who makes it appear to the department that he is not under the disabilities of minority; that he is domiciled in and a resident citizen of the state, of good 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 act and the rules made pursuant thereto.


'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep

tions.

1482.133 Qualification for examination.-Each applicant for examination for pest control operator's certificate must be possessed of the following basic qualifications, to wit:

(1) 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, 1 year of which employment must have been in this state immediately preceding application for examination; or a degree with advanced training, or a major in entomology or horticulture from a recognized college 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

(2) Each applicant must have knowledge of practical and scientific facts of pest control and effective January 1, 1966, be a graduate of an accredited high school or submit to the Department of Health and Rehabilitative Services evidence satisfactory to it of equivalent education; however, those persons who have previously qualified and been accepted to take

these examinations shall be exempted from the formal education requirement.

History.-s. 2, ch. 65-295; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 379, ch. 77-147.


1482.141 Examinations.-(1) 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 of Health and Rehabilitative Services. Each application must be accompanied by a fee of not more than $25, to be set by the department, for each category in which the applicant desires to be examined. Any applicant who fails to pass one or more categories may reapply for examination upon the payment of additional fees as provided for in the original application.

(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 on 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. History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168;

s. 380, ch. 77-147. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.151 Special identification card.-(1) The privilege of being a special identification

cardholder may be available to individuals who qualify under this measure but no one shall be required to become a special identification cardholder.

(2) The Department of Health and Rehabilitative Services in its rules, shall provide qualifications, privileges, duties and limitations regarding holders of special identification cards.

(3) The department may issue special identification cards to qualified individuals who pass written examinations which may include practical demonstration. Application forms shall be prescribed by the department.

The department, in its rules, shall provide for such matters as: Required qualifications for applications; phases or categories of examinations; time of examinations and fees for each time the examinations are taken which shall not exceed $10 per category. Application to the department for renewal of each special identification card must be made on or before June 1, following the issuance thereof. The issuance fee and the renewal fee of each special identification card is $5.



461


1482.152 Duties of certified pest control operator in charge of pest control activities of licens· ee.-A certified operator in charge of pest control activities of a licensee shall be a Florida resident whose primary occupation is in the pest control industry and who shall take an active and continuing part in the direction of the pest control functions of the licensee as relates to the following:

(1) The selection of proper and correct chemicals for the particular pest control work to be performed.

(2) The safe and proper use of these pesticides. (3) The correct concentration and formulation of

pesticides used in all pest control work performed. (4) The training of personnel in the proper and

acceptable methods of pest control. (5) The control measures and procedures used. (6) The notification of the Department of Health

and Rehabilitative Services within 24 hours of any knowledge of accidental human poisoning or death connected with pest control work performed on jobs he is supervising.



1482.161 Grounds for suspension and revocation.-The Department of Health and Rehabilitative Services may suspend, revoke or stop the issuance or renewal of any certificate, special identification card, license or identification card coming within the scope of this measure upon any one or more of the following grounds as the same may be applicable:

(1) Violation of any rule of the department or any provision of this act;

(2) Conviction in any court within this state of a violation of any provision of this act or any rule of the department;

(3) Habitual intemperance; addiction to narcot-ics;

(4) Conviction in any court in any state or in any federal court of a felony unless civil rights have been restored;

(5) Knowingly making false or fraudulent claims; knowingly misrepresenting the effects of material or methods; knowingly failing to use methods or materials suitable for the pest control undertak-en·

(6) Performing pest control in a negligent man-ner·

('i) Failure to give to the department or authorized representative thereof, true information upon request regarding methods and materials used, work performed, or other information essential to the administration of this measure;

(8) Fraudulent or misleading advertising or advertising in an unauthorized category.



ther find that such violation is of such nature or under such circumstances that revocation or suspension of a certificate would either be detrimental to the public; or, is unnecessarily harsh under the circumstances, it may in its discretion, and in lieu of executing the order of suspension or revocation, either:

(a) Reprimand the party publicly or privately; or, (b) Place the party on probation for a period of

not more than 2 years. (2)(a) If the department shall find, with or with

out a hearing, that the terms of any such probation have been violated, it may revoke such probation immediately and its initial order shall become effective, provided that upon the filing of request with the department within 30 days of the revocation of such probation, such party may be permitted to show cause why such probation should not be revoked.

(b) In the event that a party is found by the department, after appropriate hearing, to have violated any of the other terms of this measure, the department may declare such probation revoked and in its hearing with regard to such additional violation, the department may consider the violation for which probation is in effect in determining the extent of its order with regard to such new violation.



'482.171 .Revocation or suspension of certifi· cate or license.-

(1) When the holder of any certificate, special identification card, license or identification card has committed any act which is ground for suspension or revocation, the certificate, special identification card, license or identification card of the violator may be declared revoked or suspended by the Department of Health and Rehabilitative Services after reasonable notice and hearing. Before suspending or revoking any certificate, special identification card, license or identification card, the department shall give notice to the holder thereof by registered or certified mail sent to the last known address appearing in the records of the department. Such notice shall advise the holder of the certificate, special identification card, license, or identification card:

(a) The charge placed against him; (b) The time and place of the hearing to be held; (c) That he may be represented in person or by

counsel; (d) Failure to appear will result in the suspen

sion or revocation of the certificate, special identification card, license or identification card.

(2) After the service of such notice, the department shall hold a hearing, open to the public, at the time and place specified in the notice at which hearing the holder of the certificate, special identification card, license or identification card may appear and defend against the charges.

1482.162 Other disciplinary measures and (a) The hearing shall proceed civilly. probation.- (b) Charges shall be made by the department by

(1) If, after appropriate hearing, the Department setting the same forth in the notice. of Health and Rehabilitative Services shall find that (c) The department may administer oaths, hear any identification cardholder, special identification testimony, receive evidence and perform all funccardholder, certified operator or licensee, has com- tions and duties necessary or incident to such hearmitted any act set forth ins. 482.161, but shall fur- ing.

462


(d) Subpoenas for witnesses to appear before the department and subpoenas duces tecum may be issued by the circuit court clerk or state attorney of any judicial circuit and the same may be served by any sheriff or deputy.

(3) The department may stay its orders for 1 year or less with conditions.

(4) A revocation or suspension of a certificate, special identification card or licen~e ~hall be ?f all categories unless the department m 1ts sole dlsc~etion suspends or revokes one or more categones thereof.

(5) Two years after a revocation, application may be made once to the department for reinstatement and the department may authorize reinstatement. One additional application may be made 2 years thereafter.

(6) Any charge of a violation of this measure by a licensee shall affect only the license of the business location from which the violation is alleged to have occurred.

History.-s. 1, ch. 59-454; s. l, ch. 65-295; ss. 19, 35, ch. 6!J.106; s. 26, ch. 73-334; s. 3, ch. 76-168; s. 385, ch. 77-147.


1482.181 Judicial review.--Judicial review of any order of the Department of Health and Rehabilitative Services issued pursuant to this chapter shall be had in the manner and before the court as set forth in chapter 120, except that such method of review shall be mandatory and not in the alternative.



1482.182 Offenses committed prior to this act. -Nothing in this act shall be construed to relieve an identification cardholder, special identification cardholder, certified operator or licensee of any violation of the terms of this chapter committed before the effective date of this act.

Ilistory.-s. 2, ch. 65-295; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.183 Limitations.-(!) No person shall be charged with violation of

this act or any rules effective or adopted pursuant hereto more than 3 years after the date of such violation.

(2) For the purpose of this section a charge of violation of this act or rules adopted pursuant hereto shall be construed to mean the issuance of a notice or citation by the Department of Health and Rehabilitative Services charging such violation.



1482.191 Violation and penalty.-(!) It is unlawful to solicit, practice, perform or

advertise in pest control except as provided by this measure.

(2) Any person who violates any provision of this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person who violates any rule of the Department of Health and Rehabilitative Services relative to pest control is guilty of a misdemeanor ofthe

second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; ss. 19, 35, ch. 6!J.106; s. 434, ch. 71-136; s. 3, ch. 76-168; s. 368, ch. 77-147.


1482.201 Liens on real and personal proper-ty.- .

(1) A licensee may have and enforce a hen on real property improved for any money that shall be ?Wing him for labor or services pe~formed or maten~ls furnished in accordance with h1s contract and w1th the direct contract, subject to the licensee's compliance with the provisions of mechanics' lien laws.

(2) A licensee may have and enforce a lien for labor and services on personal property upon which the licensee has performed pest control and the same may be enforced in accordance with the provisions of and subject to the licensee's compliance with the provisions of part I of chapter 713 and s. 713.58.


1482.211 Exemptions.-(!) This act does not apply: to pest control per

formed by the state, federal, municipal; to county governmental agencies while officially engaged; to state and educational agencies engaged in research pertaining to pest control; to ~he measure of co~trol used in greenhouses, nursenes for plants, agr_Icultural crops, trees, groves, orchards, or crop dustmgs; or to pest control, other than fumigation, performed by a person upon his own individual residence or property.

(2) This act shall not apply to lawn and ornamental pest control being performed on an agricultural area as defined.

(3) This act does not apply to the use of wood preservatives used only on wood, properly pretreated timber, properly pretreated lumber or to metal shields, when used in construction on structures.

(4) This act does not apply to the use of the antibiotic oxytetracycline hydrochloride for the control of lethal yellowing.

(5) Each person when performing pest control under an exemption shall employ all necessary equipment and materials in a manner that will avoid hazards to public health and safety and such person shall not be entitled to perform fumigation.

History.-s. 1, ch. 59-454; s. 1, ch. 65-295; s . 5, ch. 75-178; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1482.231 Use of fogging machines permitted. -Only certified operators certified in the category of general household pests may use thermal-aerosol fogging machines in general household pest control.


1482.241 Liberal interpretation.-The provisions of this act shall be liberally construed in order to effectively carry out the provisions of this act in the interest of the public and safety.


1482.242 Preemption.-The provisions of this

463


measure preempt any and all city and county ordinances which may conflict with this act.

History.-s. 2, ch. 65-295; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July I, 1982.

1482.25 Application of law..-This act does not apply to pending litigation or to any offense commit-

ted prior to effective date of passage of this act and any such offense is punishable as provided by the statutes in force at the time such offense was committed.

History.-s. 2, ch. 59-454; s. I, ch. 65-295; s. 3, ch. 76-168.

'Note.-Repealed by s. 3, ch. 76-168, effective July I, 1982.

464

Ch. 483 HEALTH TESTING SERVICES Ch. 483

CHAPTER 483

HEALTH TESTING SERVICES

PART I CLINICAL LABORATORY LAW (ss. 483.011-483.25)

PART II MULTIPHASIC HEALTH TESTING CENTER LAW (ss. 483.28-483.328)

PART I

CLINICAL LABORATORY LAW

483.011 Short title. 483.021 Declaration of policy and statement of pur-

483.031 483.041 483.051

483.061 483.071

483.091 483.101

483.111 483.131 483.141 483.151

483.161

483.181

483.191

483.201

483.21 483.22 483.23 483.24 483.25

pose. Application of chapter; exemptions. Definitions. Powers and rules of Department of Health

and Rehabilitative Services. Inspection of all clinical laboratories. Approval of employment of laboratory

trainees. Clinical laboratory registration. Application for clinical laboratory regis-

tration. Limitations on registration. Display of clinical laboratory registration. Clinical laboratory personnel license. Application for clinical laboratory person-

nel license. Qualifications of clinical laboratory per

sonnel. Acceptance, collection, identification, and

examination of specimens. Branch offices, representation of other lab

oratories. Revocation and suspension of registra-

tions. Revocation and suspension of licenses. Revocation and suspension procedure. Offenses. Criminal penalties. Injunction.

1483.011 Short title.-This part may be cited as "The Florida Clinical Laboratory Law."

History.-s. 1, ch. 67·248; s. 3, ch. 76·168. 'Note.-Repealed by s. 3, ch. 76·168, effective July 1, 1982.

1483.021 Declaration of policy and statement of purpose.-The purpose of this part is to protect the public health, safety and welfare of the people of this state from the hazards of improper performance by clinical laboratories. Clinical laboratories provide essential services to practitioners of the healing arts by furnishing vital information which is essential to a determination of the nature, cause, and extent of the condition involved. Unreliable and inaccurate reports may cause unnecessary anxiety, suffering, financial burdens and even contribute directly to death. The protection of public and individual health

requires licensure of clinical laboratories and certain oftheir employees, the meeting of certain minimum standards, as well as certain other necessary safeguards as authorized by this part.

History.- s. 2, ch. 67·248; s. 3, ch. 76-168; s. 2, ch. 77·48. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1483.031 Application of chapter; exemptions. -This part applies to all clinical laboratories and clinical laboratory personnel within this state, except:

(1) Clinical laboratories operated by the United States Government.

(2) A clinical laboratory operated by five or less duly licensed practitioners of the healing arts exclusively in connection with the diagnosis and treatment of their own patients. However, if any referred work is received in the clinical laboratory or if any clinical laboratory work is done for patients referred by another practitioner, all provisions of this part shall apply. This exemption does not apply to a clinical laboratory operated by a practitioner ofthe healing arts who holds himself and the facilities of his laboratory out as available for the performance of diagnostic tests for other practitioners or their patients.

(3) Laboratories operated and maintained exclusively for research and teaching purposes, involving no patient or public health service whatsoever.

History.-s. 3, ch. 67·248; s. 3, ch. 76·168; s. 2, ch. 77·48; s. 1, ch. 77·225. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1483.041 Definitions.-(!) "Person" means any individual, firm, part

nership, association, corporation, the State of Florida, any county, municipality, political subdivision or any other entity whether organized for profit or not.

(2) "Department" means the Department of Health and Rehabilitative Services.

(3) "Clinical laboratory" means a laboratory where microbiological, serological, chemical, hematological, immunohematological, biophysical, cytological or histopathological examinations are performed on materials or specimens taken from the human body to provide information or materials for use in the diagnosis, prevention or treatment of a disease or assessment of a medical condition.

(4) "Clinical laboratory trainee" means any person having qualifying education who is employed in a clinical laboratory approved for training and is seeking experience required to meet minimum qualifications for licensing in the state. Trainees may perform procedures under direct and responsible supervision of duly licensed clinical laboratory personnel.

(5) "Clinical laboratory personnel" includes the

465


clinical .laboratory director, supervisor, technologist or technician, but does not include trainees or persons employed by a clinical laboratory to perform clerical or other administrative responsibilities.

(6) "Clinical laboratory evaluation program" means a program of evaluating the proficiency of clinical laboratories by the department.

2(7) "Clinical Laboratory Advisory Council" means the group of consultants appointed by the division to advise it and to make recommendations to it on matters relating to the regulation of clinical laboratories, the qualification of personnel for licensing and proficiency testing programs under this part.

History.-s. 4, ch. 67-248; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 2, ch. 77-48; s. 389, ch. 77-147.

'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982. 'Note.-All advisory councils to the Department of Health and Rehabili

tative Services in existence prior to July 1, 1975, were abolished. Sees. 29, ch. 75-48.

1483.051 Powers and rules of Department of Health and Rehabilitative Services.-The Department of Health and Rehabilitative Services shall adopt rules, to effectuate the purposes and provisions of this part, which shall include, but not be limited to, the following subject matters:

(1) REGISTRATION AND LICENSING; QUALIFICATIONS.- The department shall register all clinical laboratories and license all clinical laboratory personnel meeting the requirements of this part, and shall prescribe the qualifications necessary for clinical laboratories to be registered and for clinical laboratory personnel to be licensed. Personnel qualifications may require appropriate education or experience or the passing of an examination in appropriate subjects or any combination of these; provided that practitioners of the healing arts licensed to practice in this state shall not be required to obtain any licenses under this part or to pay any fees hereunder except the fee required for clinical laboratory registration.

(2) EXAMINATIONS.-The department shall conduct examinations required by its rules to determine in part the qualification .of clinical laboratory personnel for licensure.

(3) FEES.-The department shall establish a schedule of annual fees, which shall be reasonable in amount, for registration of clinical laboratories, for licensing of clinical laboratory personnel, for applicants required to take an examination and for registration of clinical laboratory trainees who are subject to this part. No registration fee shall be required for a clinical laboratory operated by any agency of the state, by any county or municipality, or by any hospital licensed under the laws of the state. No licensee shall be required to pay more than one fee. Fees collected shall be deposited in the State Treasury.

(4) ANNUAL REGISTRATION AND LICENSING.-The department shall provide for annual registration of clinical laboratories and licensing of clinical laboratory personnel as of July 1 each year. Those who have failed to pay the proper fee or have otherwise failed to qualify by the following September 1 shall be delinquent and their registration or license subject to cancellation. The registration or license of anyone delinquent on the following De-

cember 31 shall be canceled by the department without notice or further proceedings. Upon cancellation under this section the former holder may be reinstated only upon application and qualification as provided for initial applicants and payment of all delinquent fees.

(5) REGISTRATION OF TRAINEES.-The department shall provide for the registration of clinical laboratory trainees who are employed by laboratories pursuant to s. 483.091, which registration shall not be valid for a period in excess of 2· years except upon special authorization of the department.

(6) STANDARDS OF PERFORMANCE IN THE EXAMINATION OF SPECIMENS.-The department shall operate a clinical laboratory evaluation program and shall prescribe standards of performance in the examination of specimens. As part of the clinical laboratory evaluation program, it may require clinical laboratory personnel to analyze test samples submitted by it and report on the results of such analysis.

(7) SHIPMENT OF SPECIMENS; OUT-OFSTATE LABORATORIES.-The department may determine which tests may be performed on specimens shipped through the mail and may prescribe requirements for collection, transportation and preservation of such specimens. Specimens may be sent to any clinical laboratory outside of the state for examination, when the state in which the laboratory is licensed conducts physical inspection of the premises of the laboratory, which in the judgment of the department is equivalent to that conducted by the department or when it is otherwise determined by the department that such out-of-state laboratory would meet the requirements of this part. When the specimen has been referred for examination to an out-of-state laboratory the report shall bear or be accompanied by a clear statement that such findings were obtained in such other laboratory and shall specify its name and location.

(8) CONSTRUCTION OF CLINICAL LABORATORIES.-The department may establish standards for construction of new or modification of existing clinical laboratories including plumbing, heating, lighting, ventilation, electrical services and similar conditions which shall insure the conduct and operation of the laboratory in a manner which will protect the public health.

(9) SANITARY CONDITIONS WITHIN THE CLINICAL LABORATORY AND ITS SURROUNDINGS.- The department shall establish standards relating to sanitary conditions within the clinical laboratory and its surroundings including water supply, sewage, the handling of specimens, and general hygiene which shall insure the protection of the public health.

(10) EQUIPMENT.-The department shall establish minimum standards for clinical laboratory equipment essential to its proper conduct and operation.

(11) APPROVAL OF CURRICULUM IN SCHOOLS AND COLLEGES.-The department may approve the curriculum in schools and colleges

466


?fferi~g educ~tion and training leading toward qualIficatwn for hcensure under this part.

History.-s. 5, ch. 67-248; ss. I9, 35, ch. 69-106; s. 3, ch. 76-168; s. 2, ch. 77-48; s. 390, ch. 77-147. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1483.061 Inspection of all clinical laboratories.-The Department of Health and Rehabilitative Services is authorized to inspect the premises and operations of all clinical laboratories subject to ~egistration und~r this part for the purpose of studymg and evaluatmg the operation, supervision, and procedures of such facilities and to determine their effect upon the health and safety ofthe people of this state.



1483.071 Approval of employment of laboratory trainees.-The Department of Health and Rehabilitative Services shall approve clinical laboratories desiring to employ clinical laboratory trainees for tr~ining purposes upon presentation of satisfactory evidence that such laboratories are staffed by qualified personnel and properly equipped to provide training in clinical laboratory technique adequate to prepare individuals to meet the requirements for licensure under this part.

Hiatory.-s. 7, ch. 67-248; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 2, ch. 77-48; s. 392, ch. 77-147.


1483.091 Clinical laboratory registration.-No person shall conduct, maintain, or operate a clinical laboratory in this state unless a registration therefor has been obtained from the Department of Health and Rehabilitative Services, except laboratories exempt under s. 483.031. A registration shall be valid only for the person or persons to whom it is issued and shall not be the subject of sale, assignment, or tra~sfer, volu_ntary or involuntary, nor shall a registratwn be vahd for any premises other than those for which issued. However, a new registration may be secured for the new location prior to the actual change, provided the contemplated change is in compliance with the provisions ofthis part and the rules promulgated hereunder.

History.-s. 9, ch. 67-248; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 2 ch 77-48· s. 394, ch. 77-147. ' · '


1483.101 Application for clinical laboratory registration.-Application for a clinical laboratory registration shall be made under oath, by the owner o~ operator ?f the clinical laboratory or public offiCial respo~s_1ble for the operation of a state, city or county chmcal laboratory or institution that contains a clinical laboratory, upon forms provided by the Department of Health and Rehabilitative Services. A registration shall be issued authorizing the performance of one or more clinical laboratory procedures or one or more categories of such procedures.

History.-s. 10, ch. 67-248; ss. 19, 35, ch. 69-106· s. 3 ch. 76-168· s 395 ch 77-147. • • • . • .


1483.111 Limitations on registration.-A registration shall be issued to a clinical laboratory to perform only those clinical laboratory procedures and tests tha.t are within the specialties or subspecialties in which the clinical laboratory personnel are qualified. A registration shall not be issued unless the Department of Health and Rehabilitative Services determines that the clinical laboratory is adequately staffed and equipped to operate in conformity with the requirements of this part and the rules promulgated hereunder.



1483.131 Display of clinical laboratory registration.-A clinical laboratory registration shall specify, on the face thereof, the names of the owner or operator, the procedures or categories of procedures authorized, the period for which it is valid, and the location at which such procedures must be performed. The registration shall be displayed at all times in a prominent place where it may be viewed by the public.

Hlstory.-s. 13, ch. 67-248; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1483.141 Clinical laboratory personnel license.-No person shall conduct a clinical laboratory examination or report the results of such examination unless he is licensed under this part to perform such procedures. However, this provision shall not apply to any practitioner of the healing arts authorized to practice in this state. The Department of Health and Rehabilitative Services may grant temporary licenses to candidates it deems properly qualified for a period not to exceed 6 months and for such additional 6-month periods as it may decide.



1483.151 Application for clinical laboratory personnellicense.-Application for clinical laboratory personnel license shall be made under oath on forms provided by the Department of Health and Rehabilitative Services and shall be accompanied by payment of the first year's annual license fee. A license shall be issued authorizing the performance of procedures of one or more categories.

History.-s. 15, ch. 67-248; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s . 398, ch. 77-147.


1483.161 Qualifications of clinical laboratory personneL-The Department of Health and Rehabilitative Services shall prescribe minimal qualifications for clinical laboratory personnel in microbiology, serology, chemistry, hematology, immunohem~tology, biophysics, cytotechnology, or histopathological technology and shall issue a license to any person who meets the minimum qualifications and who demonstrates that he possesses the character, training and ability to qualify in those areas for

467


which the license is sought. Examinations required shall be given by the department.



'483.181 Acceptance, collection, identification, and examination of specimens.-

(!) A clinical laboratory shall examine human specimens at the request only of a practitioner ofthe healing arts or other person authorized by law to use the findings of clinical laboratory examinations.

(2) The results of a test shall be reported directly to the licensed practitioner or other authorized person who requested it. Such report shall state the name and address of the clinical laboratory in which the test was actually performed, except when such test was performed in a clinical laboratory located in a hospital and which report becomes an integral part of the hospital record.

(3) All specimens accepted by a clinical laboratory shall be tested on the premises except that specimens for infrequently performed tests may be forwarded for examination to another clinical laboratory approved under this part. This shall not be construed as prohibiting the referral of specimens to a clinical laboratory excepted under s. 483.031. However, the clinical laboratory director of the referring clinical laboratory shall assume complete responsibility.


'483.191 Branch offices, representation of other laboratories.-No person shall represent or maintain an office or specimen collection station or other facility for the representation of any clinical laboratory situated in this state or any other state which makes examinations in connection with the diagnosis and control of diseases unless the clinical laboratory so represented shall meet or exceed the minimal standards promulgated by the Department of Health and Rehabilitative Services pursuant to this part and the rules promulgated hereunder.



'483.201 Revocation and suspension of registrations.-A clinical laboratory registration may be denied, revoked, suspended, limited, annulled, or renewal thereof denied for any of the following reasons:

(1) Making false statements on an application for clinical laboratory registration or any other documents required by the Department of Health and Rehabilitative Services.

(2) Permitting unauthorized persons to perform technical procedures or to issue reports.

(3) Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations and procedures or reporting which is erroneous.

( 4) Performing a test and rendering a report thereon to a person not authorized by law to receive such services.

(5) Knowingly having professional connection with or knowingly lending the use of the name of the

licensed clinical laboratory or its director to an unlicensed clinical laboratory.

(6) Violating or aiding and abetting in the violation of any provision ofthis part or the rules promulgated hereunder.

(7) Failing to file any report required by the provisions of this part or the rules promulgated hereunder.



'483.21 Revocation and suspension of li· censes.-The license of clinical laboratory personnel may be denied, revoked, suspended, limited, annulled, or renewal thereof denied for any of the following reasons:

(1) Making a false statement on an application for a license or any other document required by the Department of Health and Rehabilitative Services.

(2) Engaging or attempting to engage in or representing himself as entitled to perform any clinical laboratory procedure or category of procedures not authorized pursuant to his license.

(3) Demonstrating incompetence or making consistent errors in the performance of clinical laboratory examinations or procedures or reporting which is erroneous.

( 4) Performing a test and rendering a report thereon to a person not authorized by law to receive such services.

(5) Having been convicted of a felony or of any crime involving moral turpitude under the laws of any state or of the United States. The record of conviction or a certified copy thereof shall be conclusive evidence of such conviction.

(6) Having been adjudged mentally or physically incompetent.

(7) Violating or aiding and abetting in the violation of any provision of this part or the rules promulgated hereunder.


'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep

tions.

'483.22 Revocation and suspension procedure.-The Department of Health and Rehabilitative Services shall adopt rules governing the procedure tv be followed in proceedings before it for the denial, revocation, suspension, limitation, annulment or denial of renewal of any clinical laboratory registration or license of any clinical laboratory personnel. Such rules shall provide for notice and hearing according to the Florida Administrative Procedure Act, chapter 120. However, a registration or license may be temporarily suspended without a hearing for a period not in excess of 30 days upon notice to the laboratory or licensee following a finding by the department that the public health, safety, or welfare is in imminent danger. Upon the revocation of a registration 2

[ or ]license the holder thereof shall be required to surrender it. Upon his failure or refusal to do so, the department shall have the right to seize it.

History.-s. 22, ch. 67-248; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 403, ch. 77-147 .

'Note.-Repea led by s. 3, ch. 76-168, effective July 1, 1982.

468


'Note.-Bracketed word substituted by the editors for "of."'

1483.23 Offenses.-It is unlawful for any person to:

(1) Operate, maintain, direct, or engage in the business of operating a clinical laboratory, as herein defined, unless he has obtained a clinical laboratory license from the division or is exempt under s. 483.031.

(2) Conduct, maintain, or operate a clinical laboratory, other than an exempt laboratory, unless such clinical laboratory is under the direct and responsible supervision and direction of a person licensed under this part.

(3) Allow any person to perform clinical laboratory procedures other than individuals licensed or registered under this part, except in the operation of exempt laboratories.

(4) Violate or aid and abet in the violation of any provision of this part or the rules promulgated hereunder.

History.-s. 23, ch. 67-248; ss. 19, 35, ch. 69-106; s. 3, ch. 76-168; s. 2, ch. 77-48. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1483.24 Criminal penalties.-(1) The performance of any of the acts specified

in s. 483.23 shall constitute a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) Any use or attempted use of a forged registration or license under this part shall constitute a felony punishable according to the laws of this state for the crime of forgery.

History.-s. 24, ch. 67-248; s. 435, ch. 71-136; s. 3, ch. 76-168; s. 2, ch. 77-48. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1982.

1483.25 Injunction.-The operation or maintenance of an unregistered clinical laboratory or the performance of any clinical laboratory procedures or operations in violation of this part is declared a nuisance, inimical to the public health, welfare, and safety. The Department of Health and Rehabilitative Services, or any State Attorney in the name of the people of the state, may, in addition to other remedies herein provided, bring an action for an injunction to restrain such violation, or to enjoin the future operation or maintenance of any such clinical laboratory or the performance of any laboratory procedures or operations in violation of this part, until compliance with the provisions of this part or the rules promulgated hereunder has been demonstrated to the satisfaction of the department.



PART II

MULTIPHASIC HEALTH TESTING CENTER LAW

483.28 Short title. 483.282 Declaration of policy and statement of pur-

pose. 483.285 Application of part; exemptions. 483.288 Definitions. 483.291 Powers and duties of Department of

483.294 483.297 483.30 483.302 483.305 483.308 483.311 483.314 483.317 483.32 483.322 483.325 483.328

Health and Rehabilitative Services; rules.

Inspection of centers. Advisory council. Licensing of centers. Application for license. Requirements for advertisement. Medical director of center. Display of license. Collection and transmittal of specimens. Revocation and suspension of licenses. Revocation and suspension procedure. Offenses. Criminal penalties. Injunction.

483.28 Short title.-This part shall be known and may be cited as "The Florida Multiphasic Health Testing Center Law."

History.-s. 1, ch. 77-48.

483.282 Declaration of policy and statement of purpose.-The purpose of this part is to protect the health, safety, and welfare of the people of this state from the hazards of improper performance by multiphasic health testing centers. Multiphasic health testing centers provide to people certain health testing services which are either performed at the center or involve the sending of specimens to a clinical laboratory. Unreliable or inaccurate reports and findings thereby may cause unnecessary anxiety, suffering, and financial burden or a false and injudicious sense of security with respect to the state of personal health, and may even contribute directly to death. Therefore, the Legislature finds and declares that the protection of the public and individual health requires the licensing of such centers, the establishment of certain minimum standards, and other necessary safeguards as authorized by this part.


483.285 Application of part; exemptions.This part applies to all multiphasic health testing centers within the state, but does not apply to:

(1) An entity operated by the United States Government or by the state or any political subdivision of the state.

(2) An entity which limits screening '[to] tests intended to identify specific physical disorders or conditions and which is operated by any public or private entity, and provides health services to the public free of charge or for a donation to be used for charitable purposes.

(3) A hospital licensed under chapter 395. (4) An ambulatory surgical center as defined in

s. 768.54(1)(c). (5) A home health agency licensed under part III

of chapter 400. (6) A health maintenance organization certified

under part II of chapter 641. (7) A clinical laboratory registered under part I. (8) An office of a duly licensed practitioner of the

469


healing arts for the diagnosis and treatment of his patients.

History.-s. 1, ch. 77·48. 'Note.-Bracketed word substituted by the editors for "for."

483.288 Definitions.-As used in this part: (1) "Department" means the Department of

Health and Rehabilitative Services. (2) "Multiphasic Health Testing Center" or "cen

ter" means any fixed or mobile facility where specimens are taken from the human body for delivery to registered clinical laboratories for anal:ysis and where certain measurements such as he1ght and weight determinations, blood pressure determinations, limited audio and visual tests, and electrocardiograms are made.

(3) "Center personnel" includes all persons employed by a center, except pe.rs~ms e~ployed to p~rform clerical or other adm1mstratlve responslbllities.


483.291 Powers and duties of Department of Health and Rehabilitative Services; rules.-By January 1, 1978, the department shall ad9pt rules to effect the purposes and provisions of this part, which shall include the following:

(1) LICENSING STANDARDS.-The department shall license all multiphasic health testing centers meeting the requirements of this part, and shall prescribe standards necessary for licensure.

(2) FEES.-The department shall establish an annual fee which shall be reasonable in amount, for licensing ~f centers. The fee shall be sufficient in amount to cover the cost of the licensing and inspection of centers. Such fee shall be at least $300 annually.

(3) ANNUAL LICENSING.-The department shall provide for annual licensing of centers each year. Any center which fails to pay the proper fee or otherwise fails to qualify by the end of 60 days from the date of expiration of its license shall be delinquent, and its license shall be subject to cancellation. The license of any center delinquent for 90 days from '[the license's] date of expiration shall be canceled by the department without notice or further procee~ings. Upon cancellation 2 [of it~ lic.ense] un~er this subsection, a center may have Its hcense remstated only upon application and qualification therefor as provided for initial applicants and upon payment of all delinquent fees.

(4) STANDARDS OF PERFORMANCE.-The department shall prescribe standards for the performance of health testing procedures.

(5) CONSTRUCTION OF CENTERS.-The department shall establis~ stan.dards fo~ tl;e construction of new, or the modificatiOn of existm~, centers which shall insure the conduct and operatiOn of the centers in a manner which will protect the public health.

giene, which shall insure the protection of the public health.

(7) EQUIPMENT.-The department shall establish minimum standards for center equipment essential to the center's proper conduct and operation.

(8) PERSONNEL.-The department shall prescribe minimum qualifications for center personnel. A center may employ as a medical assistant a person with at least one of the following qualifications:

(a) Prior experience of not less than 6 months as a medical assistant in the office of a licensed medical doctor or osteopath or in a hospital or a health maintenance organization.

(b) Certification and registration by the American Medical Technologists Association or other similar professional association approved by the department.

(c) Prior employment as a medical assistant in a licensed center for at least 6 consecutive months at some time during the preceding 2 years.

History.-s. 1, ch. 77-48. 1 Note.-Bracketed words substituted by the editors for ''its." 'Note.-Bracketed words inserted by the editors.

483.294 Inspection of centers.-The department shall, at least once annually, inspect the premises and operations of all centers subject to licensure under this part, without prior notice to the centers, for the purpose of studying and evaluating the operation, supervision, and procedures of such facilities, to determine their compliance with departmental standards and to determine their effect upon the health and safety of the people of this state.


483.297 Advisory council.-(1) By July 1, 1977, there shall be established a

Multiphasic Health Testing Center Advisory Council to advise the department in the fulfillment of its responsibilities under this part, including the preparation of rules and the formulation of policy and standards. The council shall consist of five persons, to be appointed by the Governor, who shall be:

(a) A physician licensed under chapter 458 who has no financial interest in any multiphasic health testing center;

(b) An osteopathic physician licensed under chapter 459 who has no financial interest in any multiphasic health testing center;

(c) A supervisor of a clinical laboratory registered under part I who has no financial interest in any multiphasic health testing center;

(d) A representative of the health testing industry; and

(e) A consumer member of the Statewide Health Coordinating Council.

(2) The expenses of the council shall not be paid by the department.

(3) The council shall be abolished July 1, 1978. History.-s. 1, ch. 77-48.

(6) SANITARY CONDITIONS WITHIN THE 483.30 Licensing of centers.-After January 1, CENTER AND ITS SURROUNDINGS.-The de- 1978, no person shall conduct, maintain, or operate partment shall establish standards rel~ting to sani- a multiphasic health testing center in this state untary conditions within the center and Its surround- less a license therefor has been obtained from the ings, including standards relative to water supply, department. A license shall be valid only for the sewage, the handling of specimens, and general hy- person or persons to whom it is issued and shall not

470


be the subject of sale, assignment, or transfer, voluntary or involuntary, nor shall a license be valid for any premises other than the center for which issued. However, a new license may be secured for the new location for a fixed center prior to the actual change, provided the contemplated change is in compliance with the provisions of this part and the rules adopted hereunder.


483.302 Application for license.-(1) Application for a license as required by s.

483.30 shall be made to the department on forms furnished by it and shall be accompanied by the appropriate license fee.

(2) The application shall contain: (a) A determination as to whether the facility

will be fixed or mobile and the location for a fixed facility.

(b) The name and address ofthe owner if an individual; if the owner is a firm, partnership, or association, the name and address of every member thereof; if the owner is a corporation, its name and address and the name and address of its medical director and officers and of each person having at least a 10 percent interest in the corporation.

(c) The name of any person whose name is required on the application under the provisions of paragraph (b) and who owns at least a 10 percent interest in any professional service, firm, association, partnership, or corporation providing goods, leases, or services to the center for which the application is made, and the name and address of the professional service, firm, association, partnership, or corporation in which such interest is held.

(d) The name by which the facility is to be known.

(e) The name, address, and Florida physician's license number of the medical director.


483.305 Requirements for advertisement.(!) Every center shall prominently display on its

report of the tests, on all advertising and promotional materials, and in a place that is in clear and unobstructed public view within the center, a notice in block letters which shall read: "Health screening tests may or may not alert you and your doctor to serious medical problems and are not intended to be a substitute for a physician's examination." The notice displayed within the center shall be made up of block letters not less than 1 inch in height.

(2) No center shall utilize advertisements or promotional materials having the tendency to deceive prospective purchasers concerning the personnel, equipment, care, and services, or the quality thereof, provided by the center.

(3) Any violation of this section shall be subject to the provisions of the Florida Deceptive and Unfair Trade Practices Act.


483.308 Medical director of center.-(1) Every center licensed under this part shall

employ a medical director who shall be either a physician licensed under the provisions of chapter 458 or an osteopathic physician licensed under the provi-

sions of chapter 459, who, as part of his usual medical practice, interprets electrocardiograms. The medical direct,or shall not be required to be present at the center while it is in operation. However, the medical director shall be responsible for assuring the proper clinical operation of the center.

(2) The medical director shall sign all requests by the center for analyses to be conducted by clinical laboratories with respect to specimens collected at the center. The results of such analyses, together with the results of any measurements or other testing procedures performed at the center, including electrocardiographic interpretations, shall be forwarded to the medical director, who shall read, interpret, and sign such results before they are sent by the center to the patient.


483.311 Display of license.-The license of a center shall specify, on the face thereof, the names and addresses of the owner and the medical director, the period for which such license is valid, and, in the case of fixed centers, the location at which such procedures must be performed. The license shall be displayed at all times in a prominent place at the center, where it may be viewed by the public.


483.314 Collection and transmittal of specimens.-

(1) A center shall forward any human specimens collected by it to a clinical laboratory for such analyses as are authorized by the medical director of the center.

(2) The results of an analysis shall be reported directly to the medical director of the center that requested it.


483.317 Revocation and suspension of licenses.-The license of a center may be denied, revoked, suspended, or annulled, or renewal thereof denied, for any of the following reasons:

(1) Making a false statement on an application for a license or on any other document required by the department pursuant to this part;

(2) Permitting unauthorized persons to perform health testing procedures or to issue reports;

(3) Demonstrating incompetence in the performance of health testing procedures or issuing erroneous reports;

( 4) Rendering a report on the results of any measurement or test to a person not authorized by law to receive such information;

(5) Knowingly having professional connection with, or knowingly lending the use of the name of the licensed center or its medical director to, an unlicensed multiphasic health testing center;

(6) Violating or aiding and abetting in the violation of any provision of this part or the rules adopted hereunder;

(7) Failing to file any report required by the provisions of this part or the rules adopted hereunder; or

471


(8) Engaging in false, misleading, or deceptive advertising.


483.32 Revocation and suspension procedure.-The department shall adopt rules governing the procedure to be followed in proceedings before it for the denial, revocation, suspension, or annulment, or denial of renewal, of the license of a center.


483.322 Offenses.-It is unlawful for any person to:

(1) Operate, maintain, direct, or engage in the business of operating a center unless he has obtained a license for the center.

(2) Conduct, maintain, or operate a center unless such center is under the direct and responsible supervision and direction of a medical director meeting the qualifications specified in s. 483.308(1).

(3) Violate, or aid and abet in the violation of, any provision of this part or the rules adopted hereunder.


483.325 Criminal penalties.-(1) The performance of any of the acts specified

in s. 483.322 shall constitute a misdemeanor of the second' degree, punishable as provided ins. 775.082, s. 775.083, or s. 775.084.

(2) Any use or attempted use of a forged license under this part shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

History.-s. 1, ch. 7748.

483.328 Injunction.-The operation or maintenance of an unlicensed center or the performance of any health testing procedures or operations in violation of this part is declared a nuisance and inimical to the public health, welfare, and safety. The department, or any state attorney in the name of the people of the state, may, in addition to other remedies herein provided, bring an action for an injunction to restrain such violation, or to enjoin the future operation or maintenance of any such center or the performance of any health testing procedures or operations in violation of this part, until compliance with the provisions of this part or the rules adopted hereunder has been demonstrated to the satisfaction of the department.

History.-s. 1, ch. 7748.

472

Ch. 484 DISPENSING OPTICIANS Ch. 484

CHAPTER 484

DISPENSING OPTICIANS

484.01

484.02 484.03 484.04 484.05

484.06 484.07 484.08

484.09 484.10

484.105 484.11

State Board of Dispensing Opticians; juris-diction; scope of law.

"Dispensing optician" defined. Application for license; examination; oath. State board to prepare examinations; fee. State Board of Dispensing Opticians; mem-

bership, powers, duties. Optical dispensing; unlawful acts. When license not required. License renewed annually; fee; state

board, compensation. Unlawful practice. State board; rules and regulations; occupa

tional licenses. Certain rules prohibited. Application of law.

1484.01 State Board of Dispensing Opticians; jurisdiction; scope oflaw.-There is hereby created within the Division of Occupations ofthe Department of Professional and Occupational Regulation an examining and licensing board to be known as the "State Board of Dispensing Opticians," which shall have exclusive jurisdiction over the trade or occupation of dispensing opticians. This chapter provides for the examination and regulation of dispensing opticians; provides a license tax and an occupational tax on persons, partnerships or corporations now or hereinafter engaged in such trade or occupation; prohibits the sale of eyeglasses, spectacles, artificial eyes, lenses, contact lenses and optical devices, except as herein provided, unless and until the dispensing optician has qualified with and obtained a license from the said State Board of Dispensing Opticians; this chapter also provides for the licensing of dispensing opticians having a license to practice and trade on June 8, 1949; this chapter also prescribes the manner of enforcing the provisions of this chapter and fixes the penalties for the violation of the terms and provisions thereof; the said chapter defines the jurisdiction, limitation and powers of said State Board of Dispensing Opticians. Natural persons, partnerships or corporations may engage in the trade or occupation of dispensing opticians, but each place of business maintained in the state shall have a duly licensed dispensing optician to supervise the preparing, fitting and adjusting of optical devices.

History.-s. 1, ch. 25255, 1949; ss. 30, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-457.


1484.02 "Dispensing optician" defined.-A "dispensing optician" is defined as one who prepares and dispenses lenses, spectacles, eyeglasses and optical devices to the intended user thereof on the written prescription of a physician or optometrist, duly licensed to practice his profession. A dispensing optician may duplicate lenses without prescription, provided, however, that such duplication shall be exact as to type, form and effective power and provided, further, that said dispensing optician shall not engage in the diagnosis of the diseases of the human

eye or attempt to determine the refractive powers of the human eyes or, in any manner, attempt to prescribe for or treat diseases or ailments of human beings. A dispensing optician who qualifies under this chapter shall be determined and recognized as engaging in a lawful trade or occupation in the state. The State Board of Dispensing Opticians shall have exclusive jurisdiction in the enforcement of this chapter over all persons, partnerships or corporations engaged in business as a dispensing optician, whether licensed or unlicensed; provided, however, that nothing herein contained shall be construed as limiting or in anywise abrogating the power or authority of any board or commission created under any of the laws of Florida, defining and regulating any profession, to enforce the provisions of such respective laws, or exercising any of the powers contained in such laws against violators thereof, even though engaged in the business of a dispensing optician.

History.-s. 2, ch. 25255, 1949; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

1484.03 Application for license; examination; oath.-

(1) Any person wishing to obtain the right to practice the trade or occupation of dispensing optician as hereinbefore defined shall, before it shall be lawful for him to do so in the state, make application to the State Board of Dispensing Opticians, upon such form and in such manner as shall be adopted and prescribed by said board, and obtain a license from the board so to do. Unless such person shall have obtained a license as aforesaid, it shall be unlawful for him to practice the trade or occupation of dispensing optician in the state and he shall be subject to the penalties hereinafter prescribed. The board shall admit to examination any candidate who pays the fee provided for in this chapter and submits evidence satisfactory to the board, verified on oath, that

(a) The applicant is 18 years of age or older. (b) The applicant is of good moral character. (c) The applicant is a graduate of an accredited

high school or possesses a certificate of equivalency of a high school education.

(d) The applicant: 1. Has satisfactorily completed a 2-school-year

course of study of not less than 1,000 hours per year in a recognized school of optical dispensing.

2. Is a licensed dispensing optician, actively practicing as a dispensing optician in another state, for more than 3 years immediately preceding application and meeting the examination qualifications as provided in this subsection.

3. Has registered as an apprentice with the board and paid an annual registration fee not to exceed $20, as set by rule of the board. Such apprenticeship shall be for not less than 3 years of a continuous nature of a 40 hour work week under the supervision of a licensed dispensing optician, a licensed physician, a licensed osteopath, or a licensed optom-

473


etrist. However, any time spent in a recognized school may be considered as part of the apprenticeship program provided herein.

The board, at its discretion, may require any documentation, on forms prescribed by the board, which they deem necessary as evidence of fulfilling the qualifications as set forth herein.

(2) Applicants for examination may be examined by the said board upon matters pertaining to mathematics and physics, ophthalmic materials and laboratory technique, ophthalmic optics, ophthalmic dispensing and practical subjects. When any applicant passes the necessary examination and meets the qualifications hereinabove set forth, the State Board of Dispensing Opticians shall issue a license to such person to practice the trade or occupation of dispensing optician. Such license shall be conspicuously displayed in the office or place of business of the dispensing optician and it shall not be necessary to remove the same so long as such dispensing optician continues to practice his trade or occupation in the state and said license is not revoked or suspended by the State Board of Dispensing Opticians.

History.-s. 3, ch. 25255, 1949; s. 1, ch. 71-209; s. 135, ch. 71-355; s. 3, ch. 76-168; s. 37, ch. 77-121; s. 1, ch. 77-198; s. 1, ch. 77-457.


Note.-See s. 455.007 as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep.

tions.

'484.04 State board to prepare examinations; fee.-Examination of applicants for license to practice the trade or occupation of dispensing optician shall be made by the State Board of Dispensing Opticians, consisting of five licensed dispensing opticians, according to the methods and covering subject matter deemed by it to be the most practical and expeditious to test the applicant's qualifications. The board may require the examination to be both written and oral. There shall be paid to the secretarytreasurer of the board by each applicant for license who has been a bona fide resident of the state for at least 1 year an examination fee of $50. Those applicants not residents of this state shall pay a fee of$75. The fee shall accompany the application for both residents and nonresidents. No part of any fee is returnable under any circumstances.

History.-s. 4, ch. 25255, 1949; s. 2, ch. 71-209; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective



until his successor is appointed and qualified, except as hereinafter provided. Within 30 days after June 8, 1949, it shall be the duty of the Governor to appoint five qualified dispensing opticians to said board, in the manner following: One member shall be appointed for 1 year; one member shall be appointed for 2 years; one member shall be appointed for 3 years; and two members shall be appointed for a full term of 4 years; thereafter, all appointments shall be made for a term of 4 years. The Governor is also empowered to fill vacancies that may occur from time to time to said board with persons duly qualified. Immediately after said appointment aforesaid, the said board shall convene and organize by selecting from among their number a chairman and secretary-treasurer and shall adopt rules and regulations governing the examination of applicants, the enforcement of the provisions of this chapter and shall establish a code of ethics and standards of practice and continuing education not to exceed 10 hours for dispensing opticians and such other rules and regulations governing procedure as shall be necessary and proper for the carrying out of the objectives of this chapter. Said board shall, however, provide for meetings at least once each year for the purpose of receiving applications and giving examinations as above provided; however, when the number of applicants for examination exceeds forty the board shall give examinations a minimum of twice per year. The board may meet at other times and at such places as the board shall designate from time to time or fix by regulation. The State Board of Dispensing Opticians may administer oaths, summon witnesses, take testimony in all matters relating to its duties. Said board shall issue license to practice the trade or occupation of dispensing optician to all persons who shall furnish satisfactory evidence of attainments and qualifications under the provisions of this chapter and the rules and regulations of the board, such license shall be signed by the chairman and attested by the secretary-treasurer of the board under its adopted seal and it shall give absolute authority to the person to whom it is issued, to practice the trade or occupation of dispensing optician in this state.

Htstory.-s. 5, ch. 25255, 1949; s. 3, ch. 71-209; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective


to the Bureau of Records Administration, Department of Profeasional and . Occupational Regulation. cf.-s. 455.03 Dispensing with examination of veterans.

'484.06 Optical dispensing; unlawful acts.(1) It shall be unlawful for any person, partner-

1484.05 State Board of Dispensing Opticians; ship, or corporation: membership, powers, duties.-There is hereby (a) To offer any gift or premium in any form or created the State Board of Dispensing Opticians manner in conjunction with the practice of optical which said board shall supervise the practice of dis- dispensing. . pensing opticians and enforce the provisions of this (b) To advertise in any manner that would tend chapter and which said board shall be composed of to mislead or deceive the public. five licensed dispensing opticians, each of whom (c) To solicit patronage by advertising that he or shall be a resident of the state who has been engaged some other person or group of persons possess better in the practice of dispensing optician in said state for qualifications or are best trained to perform the sernot less than 5 years preceding the time of his ap- . vice or t(}..l"ender any service connected with optical pointment. The members of said board shall be ap- dispensing. pointed by the Governor of the state and each such (2) This section is passed in the interest of public appointee shall hold office for a period of 4 years, or safety, health, and welfare, and its provisions shall

474


be liberally construed to carry out its objectives and purposes.

History.-s. 6, ch. 25255, 1949; s. 1, ch. 76-5; s. 3, ch. 76-168; s. 1, ch. 77-457. ' Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch . 77-457, effective

July 1, 1979.

1484.07 When license not required.-Nothing herein contained shall be construed to mean that an employee of a licensed physician or a licensed optometrist shall be required to secure a license under this chapter, or be otherwise subject to the provisions of this chapter, so long as said employee is working exclusively for and under the direct supervision of said licensed physician or said licensed optometrist and does not hold himself out to the public generally as a dispensing optician.

History.-s. 7, ch. 25255, 1949; s. 3, ch . 76-168; s. 1, ch. 77-457. 'Note.- Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

1484.08 License renewed annually; fee; state board, compensation.-

(1)(a) Each person who holds a license as a dispensing optician under this chapter shall renew the license annually, on or before July 1, for a sum, to be fixed annually by the State Board of Dispensing Opticians, of not less than $10 or more than $40.

(b) Failure by the licensee to renew the license before the expiration date shall automatically terminate the license.

(c) Any licensee who allows the license to terminate by failing to renew as provided herein may be reinstated within 3 years of termination upon payment to said board of the renewal fee for each and every year delinquent, together with the sum of $50 for reissuing said license.

(d) After 3 years from the date of expiration of the license, said licensee must make application to the board, be examined, and be certified under the statutes and rules existing at the time of application, as would any individual making application for the first time.

(e) Any person practicing optical dispensing during the time the license has terminated shall be considered an illegal practitioner and shall be subject to the penalties provided herein for the violation of this chapter.

(2) Members of the board shall receive $25 per day, or any part of a day, while attending official board meetings and shall receive per diem and mileage as provided ins. 112.061 from place of their residence to place of meeting and return. The secretarytreasurer shall be reimbursed for all expenses incurred by him in the keeping of the records of the board and the carrying on of the business of the board directed to be done by him. Said board may employ such investigators or other employees as may be deemed necessary to effectually carry out the provisions of this chapter.

(3) The Department of Legal Affairs shall be the legal advisor of said board. The compensation of the persons employed by the board shall be paid in the same manner as the per diem and expenses of said board are paid. The secretary-treasurer of said board shall also be paid a salary, not to exceed $150 per month, in addition to per diem and mileage allowances and necessary expenses as fixed and approved by said board.

(4) The secretary-treasurer, before assuming the duties of his office, may execute a bond in the sum of$2,000 to the state, said bond to be approved by the board, conditioned for the faithful discharge of the duties of his office, the premium for such bond to be paid for from the funds of the board as other expenses. All moneys received by the board under this chapter shall be deposited and expended pursuant to the provisions ofs. 215.37. All expenditures authorized by this chapter shall be paid upon presentation of vouchers approved by the chairman and secretary-treasurer of said board, or its designated representative.

History.- s. 9, ch. 25255, 1949; s. 34, ch. 28215, 1953; s. 23, ch . 61-514; ss. 11, 35, ch. 69-106; s. 4, ch. 71-209; s. 3, ch. 76-168; s. 1, ch. 77-143; s. 1, ch . 77-457.

'Note.- Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective July 1, 1979.

Note.-See s. 455.007 as to administrative fuoctions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 113.07 Bonds of officials.

s. 215.37 Examining and licensing boards to be financed from fees collected; moneys deposited in trust funds; 10 percent to General Revenue Fund; appropriation.

1484.09 Unlawful practice.-Any person who shall practice the trade or occupation of dispensing optician as defined in this chapter, without first complying with the provisions of this chapter, or who shall violate any of the provisions of the sections of this chapter, shall be guilty of a misdemeanor ofthe second degree, punishable as provided ins. 775.082 or s. 775.083. This chapter, however, shall not apply to licensed physicians or optometrists licensed under the laws of the state and who, on June 8, 1949, shall be engaged in optical dispensing. This chapter, however, shall not now or hereafter apply to physicians or optometrists licensed under the laws of the state, nor shall such licensed physicians or optometrists be subject to the jurisdiction of the State Board of Dispensing Opticians herein created.

History.- s. 10, ch. 25255, 1949; s. 436, ch . 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457. .

'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effecti ve July 1, 1979.

1484.10 State board; rules and regulations; occupational licenses.-In addition to the powers and duties of the board hereinabove enumerated, said board shall have the power to adopt rules and regulations establishing standards of practice for the trade or occupation of dispensing optician and for any breach of provisions of this chapter or of any rule or regulation of the board adopted pursuant hereto, or of any standard adopted by the board for the practice of the trade or occupation of dispensing optician, may suspend or revoke the license of any dispensing optician after notice and hearing prescribed in the regulations of the board, and is hereby authorized to proceed in any of the courts of this state by injunction to restrain any continued violation of this chapter or of such rule or regulation of or standards so adopted. It shall be unlawful for any licensing agency, either state, county, or municipal, to issue an occupational license tax to practice as a dispensing optician unless the applicant therefor shall first exhibit to such official a current certificate issued by the State Board of Dispensing Opticians, showing that the applicant has been qualified by said board to practice as a dispensing optician in accordance with the terms of this chapter. Any per-

475


son, partnership or corporation, engaged in the trade or occupation of dispensing optician shall pay an occupational license tax of$10 per year for the privilege of engaging in such trade or occupation, said license tax to be paid in accordance with the laws regulating the payment of other occupational taxes. Said $10 license tax shall be paid for state license; county and municipal taxes shall be in a sum as now required by law, not to exceed $5 each per year. Any dispensing optician whose license is suspended or revoked under the provisions of this chapter shall have the right of review by certiorari by the circuit court of the county in which such dispensing optician resides or has his place of business, provided such petition shall be filed within the time provided by the Florida Appellate Rules after entry of order of suspension or revocation in the manner provided by said rules.

History.-s. 11, ch. 25255, 1949; s. 16, ch. 63-509; s. 1, ch. 69-267; s. 3, ch. 76-168; s. 1, ch. 77-457.


Note.-See s. 455.007 as to administrative functions that may be assigned to the Bureau of Records Administration, Department of Professional and Occupational Regulation.

1484.105 Certain rules prohibited.-No rule or policy of the board shall prohibit any dispensing optician from offering a discount in any form or manner in conjunction with the practice of optical dispensing or from advertising, either directly or indi-

rectly by any means whatsoever, any definite or indefinite price or credit terms on prescriptive or corrective lenses, frames, complete prescriptive or corrective glasses, or any optical dispensing service.


July 1, 1979.

1484.11 Application of law.-(1) This chapter shall not apply to any person

who is or was United States patentee of such special optical devices as bifocal, biplane or multivisual lenses and who has for a period of over 10 years engaged in the business oflens grinding for such and other optical devices in accordance with prescriptions or specifications of physicians, optometrists or optical scientists.

(2) Nothing in this chapter shall be construed to prevent the sale of spectacles for reading purposes, toy glasses, goggles or sun glasses consisting of plano white, plano colored or plano tinted glasses, or readymade nonprescription glasses, nor shall anything in this chapter be construed to affect in any way the manufacturing and sale of plastic or glass artificial eyes or any persons engaged in said manufacturing or sale of plastic or glass artificial eyes.

History.-ss. 8, llY,, ch. 25255, 1949; s. 3, ch. 76-168; s. 1, ch. 77-457. 'Note.-Repealed by s. 3, ch. 76-168, as amended by s. 1, ch. 77-457, effective

July 1, 1979.

476

Ch. 485 MIDWIFERY Ch. 485

CHAPTER 485

MIDWIFERY

485.011 Midwifery; who may practice. 485.021 Application to practice midwifery. 485.031 Qualifications of applicant to practice mid-

wifery. 485.041 License good for 1 year. 485.051 Department to make rules regulating

practice of midwifery. 485.061 Revocation of license. 485.071 Midwives to conform to rules and regula

tions. 485.081 Midwives to practice in normal cases only. 485.091 Penalty for violation of chapter.

485.011 Midwifery; who may practice.-No person other than a duly registered and licensed physician shall practice midwifery or use the name or title of"midwife" unless such person shall be duly registered as a midwife with the Department of Health and Rehabilitative Services.

History.-s. 1, ch. 14760, 1931; CGL 1936 Supp. 3403(1); ss. 19, 35, ch. 69-106; s. 405, ch. 77-147.

Note.-Former s. 457.01.

485.021 Application to practice midwifery.No license to practice midwifery shall be issued unless written application therefor sponsored by two registered practicing physicians has been made in the form prescribed by the Department of Health and Rehabilitative Services.



485.031 Qualifications of applicant to practice midwifery.-Every applicant for a license to practice midwifery must possess the following qualifications:

(1) Be not less than 18 years of age. (2) Be able to read the manual for midwives intel

ligently and to fill out the birth certificates legibly; provided that in case of persons who have extended experience or in other exceptional circumstances, this requirement may be waived by the Department of Health and Rehabilitative Services.

(3) Be clean and constantly show evidence in behavior and in home habits of cleanliness.

(4)(a) Possess a diploma from a school for midwives recognized by the department; or

(b) Have attended under the supervision of a duly licensed and registered physician not less than 15 cases oflabor and have had the care of at least 15 mothers and newborn infants during lying-in period of at least 10 days each; and shall possess a written statement from said physician that she has attended such cases in said 15 cases, with the date engaged and address of each; and that she is reasonably

ment of good moral character in such form as the department by rule and regulation may prescribe.

History.-s. 3, ch. 14760, 1931; CGL 1936 Supp. 3403(3); ss. 19, 35, ch. 69-106; s. 38, ch. 77-121; s. 407, ch. 77-147.

Note.-Former s. 457.03. cf.-s. 112.011 Felons; removal of disqualifications for employmimt, excep

tions.

485.041 License good for 1 year.-Unless revoked every license to practice midwifery shall permit the holder thereof to practice only during the current calendar year, the term of said calendar year being from January 1.

History.-s. 4, ch. 14760, 1931; CGL 1936 Supp. 3403(4). Note.-Former s. 457.04.

485.051 Department to make rules regulating practice of midwifery.-The Department of Health and Rehabilitative Services may make such rules and regulations as it may deem necessary for regulating the practice of midwifery within the state.



485.061 Revocation of license.-The Department of Health and Rehabilitative Services may revoke the license of such persons practicing midwifery pursuant to this chapter, after having given the midwife an opportunity to be heard; provided it has cause.



485.071 Midwives to conform to rules and regulations..--

(!) All midWives to whom licenses shall be issued pursuant to this chapter must conform to all rules and regulations of the Department of Health and Rehabilitative Services, the provisions of public health laws of the state, the rules and regulations of any local boards of health and all lawful orders and directions of the department or local boards of health or local health officers.

(2) Any violation on the part of any midwife of any of the rules and regulations of the department, the provisions of the public health laws or the rules and regulations of any local boards of health, or the disobedience of any lawful order of the department, or any local boards or health officers, shall be sufficient cause for the revocation of the license issued to the midwife, and shall also be sufficient cause for the withholding of license to practice midwifery from any midwife so offending in any manner as aforesaid by the department.

History.-s. 7, ch. 14760,1931; CGL 1936 Supp. 3403(7); ss. 19, 35, ch. 69-106; s. 410, ch. 77-147.


skilled and competent and establish the fact that she 485.081 Midwives to practice in normal cases is reasonably skilled and competent to the satisfac- only.-A duly licensed and registered midwife may tion of the department; or practice midwifery in cases of normal labor and in no

(c) Present other evidence satisfactory to the de- others. No midwife shall in any case use instruments partment showing her qualifications, and of any kind, or assist labor by any artificial, forcible

(5) Present evidence satisfactory to the depart- or mechanical manner or attempt to remove adher-

477

Ch. 485 MIDWIFERY Ch. 485

ent placentae, or administer, prescribe, advise or employ any poisonous drug or herb or medicine or attempt the treatment of disease except where the attendance of a physician cannot be speedily secured and in such cases, the midwife shall secure the attendance of the physician as soon as possible.

History.-s. 8, ch. 14760, 1931; CGL 1936 Supp. 3403(8). Note.-Former s. 457.08.

485.091 Penalty for violation of chapter.Any person who fails or neglects to register as required by the provisions of s. 485.011, or who shall violate the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.083.

History.-s. 7, ch. 12005, 1927; CGL 7703; s. 437, ch. 71·136. Note.-Former s. 457.09.

cf.-s. 455.04, Who has duty of enforcement.

478

Ch. 486 PHYSICAL THERAPY PRACTICE ACT Ch. 486

CHAPTER 486

PHYSICAL THERAPY PRACTICE ACT

486.011 Short title. 486.021 Definitions. 486.031 Registration requirements. 486.041 Application for licensing. 486.051 Examination of applicants. 486.052 Annual fees. 486.061 Issuance of certificates to applicants pass-

ing examinations. 486.071 Registration required. 486.072 Disposition of fees. 486.081 Issuance of licenses to persons passing ex

amination of certain other examining boards; permits.

486.091 Refusal, revocation and suspension of registration.

486.101 False representation of registration prohibited.

486.102 Physical therapist assistant licensing requirements.

486.103 Physical therapist assistant application for licensing.

486.104 Physical therapist assistant, examination of applicants.

486.105 Physical therapist assistant annual registration fee.

486.106 Physical therapist assistants; issuance of certificates.

486.107 Physical therapist assistants; issuance of certificates to persons passing examination of other examining boards; permits.

486.121 Powers and duties of Board of Medical Examiners.

486.131 Annual registration with Department of Health and Rehabilitative Services.

486.141 Fraudulent representation to obtain regis-tration unlawful.

486.151 Penalties for violations. 486.161 Exemptions. 486.171 Current valid certificates effective.

486.011 Short title.-This chapter may be cited as the "Physical Therapy Practice Act."

Hlstory.-s. 1. ch. 57-67.

486.021 Definitions.-In this chapter, unless the context otherwise requires:

(1) "Physical therapy" means the treatment of any disability, injury, disease, or other condition of health of human beings, or the prevention of such disability, injury, disease or other condition of health and rehabilitation as related thereto by the use of the physical, chemical and other properties of air, cold, heat, electricity, exercise, massage, radiant energy, including ultraviolet, visible and infrared rays, ultrasound, water and apparatus and equipment used in the application of the foregoing or related thereto, or the performance of tests of neuromuscular functions as an aid to the diagnosis or treatment of any human condition. The physical therapist may perform electromyography as an aid to the diagnosis of any human condition only upon compliance with the criteria set forth by the Board ofMedical Examiners. The use of roentgen rays and

radium for diagnostic and therapeutic purposes, and the use of electricity for surgical purposes, including cauterization, are not authorized under the term "physical therapy" as used in this chapter.

(2) "Physical therapist" means a person who practices physical therapy as defined in this chapter upon the prescription of a person licensed and registered in this state to practice medicine, surgery or dentistry, and whose license is in good standing.

(3) "Physical therapist assistant" means a person who applies physical therapy procedures as defined in this chapter under the direction of a registered physical therapist, and whose license in Florida is in good standing.

(4) "Board" means the State Board of Medical Examiners.

(5) Words importing the masculine gender may be applied to females.

Hlstory.-s. 2, ch. 57-67; s. 1, ch. 67-537; s. 1, ch .. 73-354. cf.-Ch. 458 Medical Practice Act.

486.031 Registration requirements.-To be eligible for registration by the board as a physical therapist an applicant must:

(1) Be at least 18 years old; (2) Be of good moral character, and (3)(a) Have been graduated from a school giving

a course in physical therapy, which course, as given by such school has been approved for the educational preparation of physical therapists by the appropriate subbody, if any, ofthe American Medical Association, at the time of his graduation; or if graduated prior to 1936, the course was approved by the American Physical Therapy Association at the time of his graduation and passed to the satisfaction of the board an examination conducted by it to determine his fitness for practice as a physical therapist as hereinafter provided; or

(b) Be entitled to registration without examination as provided in s. 486.081.

History.-s. 3, ch. 57-67; s. 2, ch. 67-537; s. 39, ch. 77-121. cf.-s. 112.011 Felons; removal of disqualifications for employment, excep

tions.

486.041 Application for licensing.-A person who desires to be licensed as a physical therapist shall apply to the board in writing, on a blank furnished by the board. He shall embody in that application evidence under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by s. 486.031. He shall pay to the board at the time of filing his application, a fee of $35, no part of which shall be returned.

Hlstory.-s. 4, ch. 57-67; s. 2, ch. 73-354. Note.-See s. 455.007 as to administrative functions that may be aasigned


486.051 Examination of applicants.-(1) The board shall hold examinations for appli

cants for licensing as physical therapists at least once a year, and more often at the discretion of the board at a time and place to be determined by the board. Examination of applicants for licensing as physical therapists shall be made by the State Board

479


of Medical Examiners according to the methods deemed by it to be most practical and expedient to test the applicant's qualifications, including oral and written tests and practical demonstrations. In the written tests each applicant shall be designated by a number instead of by name so that his identity shall not be disclosed to the members of the board until after the examination papers are graded. Examinations shall be given in the following subjects: the applied sciences of anatomy, physiology, neuroanatomy, kinesiology, psychology, physics, physical therapy as defined in this chapter, applied to medicine, neurology, orthopedics, pediatrics, psychiatry, surgery, elementary gross pathology, medical ethics, and the technical procedures in the practice of physical therapy as defined in this chapter.

(2) The board shall employ three registered phys~ ical therapists for a term of 4 years each to whom it may delegate such powers and duties as it may deem proper to examine applicants and to carry out the mechanics and procedures necessary_ to effectuate this chapter. The board shall fix their compensation and pay their expenses; no registered physical therapist shall serve more than 2 successive terms, provided, however, that the registered physical therapists presently so employed shall serve until the expiration of their respective terms of employment or until their successors shall be employed. At any time there is a vacancy to be filled by the employment of a registered physical therapist, the Florida chapter of the American Physical Therapy Association shall recommend to the board in a number of not less than twice the vacancies to be filled, and the board may appoint from submitted list, in its discretion, any of those so recommended; provided, however, it shall insofar as possible appoint persons from different geographical areas and persons who are representational of various areas of physical therapy treatment.

History.-s. 5, ch. 57-67; s. 24, ch. 61-514; s. 3, ch. 67-537; s. 3, ch. 73-354. cf.-s. 455.03 Dispensing with examination of veterans.

486.052 Annual fees.-An annual registration fee of $10 shall be required of all licensed physical therapists, the time and place of payment to be determined by the board.

History.-s. 4, ch. 67-537; s. 4, ch. 73-354. Note.-See s. 455.007 as to administrative functions that may be assigned


486.061 Issuance of certificates to applicants passing examinations.-The board shall register as a physical therapist and shall furnish a certificate of registration to each applicant who successfully establishes his eligibility under the terms of this law, and any person who holds a certificate of registration pursuant to this section may use the words "physical therapist," "physiotherapist," or "registered physical therapist," and he may use the letters "P.T.," "Ph.T.," or "R.P.T.," in connection with his name or place of business to denote his registration hereunder.


to the Bureau of Records Administration, Department of Professional and

Occupational Regulation.

486.071 Registration required.-No person shall practice, nor hold himself out as being able to practice, physical therapy in this state unless he is licensed in accordance with the provisions of this law; provided, however, that nothing in this law shall prohibit any person licensed in this state under any other law from engaging in the practice for which he is licensed.

History.-s. 7, ch. 57-67; s. 1, ch. 67-406; s. 6, ch. 67-537.

486.072 Disposition of fees.-All moneys received by the board under this chapter shall be deposited and expended pursuant to the provisions of s. 215.37. All such expenditures shall be paid upon presentation of vouchers approved by the president and secretary-treasurer . of said board.

History.-s. 24, ch. 61-514. Note.-See s. 455.007 as to administrative functions that may be assigned

to the Bureau of Records Administration, Department of Professional and Occupational Regulation. cf.-s. 215.37 Examination and licensing boards to be financed from fees col

lected; moneys deposited in trust funds; 10 percent to general revenue fund; appropriation.

486.081 Issuance of licenses to persons passing examination of certain other examining boards; permits.-The board may license as a physical therapist and furnish a certificate of registration without examination to any applicant who presents evidence, satisfactory to the board, of having passed an examination before a similar lawfully authorized examining board in physical therapy of another state, the District of Columbia, a territory or a foreign country, if the standards for registration in physical therapy in such other state, district, territory or foreign country are determined by the board to be as high as those of this state. Any person who holds a certificate of registration and a license pursuant to this section may use the words "physical therapist," "licensed physical therapist," "physiotherapist," or "registered physical therapist," and he may use the letters "P.T.," "L.P.T.," "Ph.T.," or "R.P.T.," in connection with his name or place of business to denote his registration hereunder. If the board determines that the applicant has not passed such examination as to entitle him to a license and a certificate of registration without examination the board may, if it determines the applicant possesses sufficient other qualifications for the practice of physical therapy, issue the applicant a permit allowing him to practice physical therapy pursuant to the terms of this chapter until the holding of the next examination provided for by this chapter. The permit shall be valid until notification of the results of examination, but not for a longer period of time. At the time of making application for licensure without examination, pursuant to the terms of this section, the applicant shall pay to the board a fee of $35 no part of which shall be returned.

History.-s. 8, ch. 57-67; s. 7, ch. 67-537; s. 5, ch. 73-354. Note.--See s. 455.007 as to administrative functions that may be assigned


486.091 Refusal, revocation and suspension of registration.-The board, after registered notice in writing to the party in interest, ·shall hold a hearing within 30 days after the mailing of said notice,

480


may refuse to register any applicant and may suspend or revoke the registration of any registered person:

(1) Who is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate him for the performance of his professional duties.

(2) Who is guilty offraud in the practice of physical therapy or deceit in obtaining his registration as a physical therapist.

(3) Who has been convicted in a court of competent jurisdiction of a felony. The conviction of a felony shall be the conviction of any offense which, if committed in the state, would constitute a felony under the laws of this state.

(4) Who is guilty of treating or undertaking to treat ailments of human beings otherwise than by physical therapy, as authorized by this chapter.

(5) Who has undertaken to practice physical therapy independently of the prescription of a person licensed by the state to practice medicine, surgery or dentistry.

(6) Who has been found by a court of competent jurisdiction to be a mentally ill person and has not thereafter been restored to legal capacity.

(7) Who is guilty of conduct unbecoming a person registered as a physical therapist or detrimental to the best interest of the public.

History.-s. 9, ch. 57-67; s . 8, ch. 67-537.

486.101 False representation of registration prohibited.-lt shall be unlawful for any person who is not registered under this chapter as a physical therapist or whose registration has been suspended or revoked, to use in connection with his name or place of business the words or letters "physical therapist," "physiotherapist," "registered physical therapist," or the letters "P.T.," "Ph.T.," or "R.P.T.," or any other words, letters, abbreviations or insignia indicating or implying that he is a physical therapist or who in any other way, orally, in writing, in print or by sign, directly or by implication represents himself as a physical therapist.

History.-s. 10, ch. 57-67; s. 9, ch. 67-537.

486.102 Physical therapist assistant licensing requirements.-To be eligible for licensing by the board as a physical therapist assistant an applicant must:

(1) Be at least 18 years old. (2) Be of good moral character. (3) Have been graduated from a school giving a

course of not less than 2 years for physical therapist assistants, which course, as given by such school, has been approved for training physical therapist assistants by the physical therapists employed by the board pursuant to s. 486.051(2).

(4) Pass, to the satisfaction of the board, an examination conducted by it to determine his fitness for practice as a physical therapist assistant as hereinafter provided.

History.-s. 10, ch . 67-537; s. 6, ch. 73-354.

486.103 Physical therapist assistant application for licensing.-A person who desires to be licensed as a physical therapist assistant shall apply to the board in writing on a blank furnished by the

board. He shall embody in that application evidence under oath, satisfactory to the board, of his possessing the qualifications preliminary to examination required by s. 486.104. He shall pay to the board at the time of filing his application a fee of$35, no part of which shall be returned.

History.-s. 11, ch. 67-537; s. 7, ch. 73-354. Note.---See s. 455.007 as to administrative functions that may be assigned


486.104 Physical therapist assistant, examination of applicants.-The board shall hold examinations for applicants for licensing as physical therapist assistants at least once a year, and more often at the discretion of the board, at a time and place to be determined by the board. Examination of applicants for licensing as physical therapist assistants shall be made by the State Board of Medical Examiners according to the methods deemed by it to be most practical and expedient to test the applicant's qualifications, including oral and written tests and practical demonstrations. Examinations shall be given in the following subjects: Human anatomy and physiology, chemistry and physics, electrotherapy and hydrotherapy, therapeutic exercises, rehabilitation, ethics, and clinical procedure. In the written tests each applicant shall be designated by a number instead of by name.

History.-s. 12, ch. 67-537; s. 8, ch. 73-354.

486.105 Physical therapist assistant annual registration fee.-An annual registration fee of $5 shall be required of all licensed physical therapist assistants, the time and place of payment to be determined by the board.



486.106 Physical therapist assistants; issuance of certificates.-The board shall license as a physical therapist assistant and shall furnish a certificate of registration to each applicant who successfully establishes his eligibility under the terms of this law, and any person who holds a certificate of registration pursuant to this section may use the words "physical therapist assistant," "licensed physical therapist assistant," "registered physical therapist assistant," or "physical therapy technician," and he may use the letters "P.T.A.," "L.P.T.A.," "R.P.T.A.," or "P.T.T.," in connection with his name to denote his registration hereunder.

History.-s. 14, ch. 67-537; s. 10, ch. 73-354. Note.---See s. 455.007 as to administrative functions that may be assigned


486.107 Physical therapist assistants; issuan.ce of certificates to persons passing examination of other examining boards; permits.-The board may license as physical therapist assistant and furnish a certificate of registration without examination to any applicant who presents evidence to the board, under oath, of having passed the examination for physical therapist assistants before a similar lawfully authorized examining board of another state, the District of Columbia, or a territory, if the standards for licensing for physical therapist assis-

481


tants in such other state are determined by the board to be as high as those of this state. Any person who holds a certificate of registration pursuant to this section may use the words "physical therapist assistant," "registered physical therapist assistant," "licensed physical therapist assistant" or "physical therapist technician," and he may use the letters "P.T.A.," "R.P.T.A.," "L.P .T.A.," or "P.T.T.," in connection with his name to denote his registration hereunder. If the board determines that the applicant has .not passed such examination as to entitle him to a license without examination the board may, if it determines the applicant possesses sufficient other qualifications for the practice as a licensed physical therapist assistant, issue the applicant a permit allowing him to practice as a licensed physical therapist assistant, pursuant to the terms of this chapter, until the holding of the next examination provided for by this chapter. The permit shall be valid until notification ofthe results of the examination, but not for a longer period of time. At the time of making application for registration without examination, pursuant to the terms of this section, the applicant shall pay to the board a fee of$35, no part of which shall be returned.

History.--<!. 15, ch. 67-537; s. 11, ch. 73-354. Note.-See s. 455.007 as to administrative functions that may be assigned


486.121 Powers and duties of Board of Medical Examiners.-The State Board of Medical Examiners may administer oaths, summon witnesses, and take testimony in all matters relating to its duties under this chapter. The board is authorized to adopt only those rules and regulations needed to carry out the mechanics and procedures to effectuate this chapter and may amend and revoke such rules at its discretion. If the board determines an applicant for registration is qualified to practice physical therapy the board may issue the applicant a permit allowing him to practice physical therapy pursuant to the terms of this chapter until the holding of the next examination provided for by this chapter, but not for a longer period of time. The board shall have power to pass upon the good standing and reputability of any school or college offering courses in physical therapy, and whether the courses of such school or college in physical therapy meet the standards fixed by the board. In determining the standing and reputability of any such school and whether the courses can be approved by the board, the board may investigate and make personal inspection of the same. The powers and duties of the board, as set out in this chapter, shall in no way limit or interfere with its powers and duties as set forth in chapter 458. All powers and duties of the board, as set forth in this

chapter, shall be supplemental and additional powers and duties to those conferred upon the board by chapter 458.

History.-<~. 12, ch. 57.f!.7. Note.-See s. 455.007 as to administrative functions that may be assigned


486.131 Annual registration with Department of Health and Rehabilitative Services.Any person who holds a certificate of registration under this chapter shall not be required, in order to practice physical therapy, to register or obtain a certificate, license, or other evidence of authority from any other state board.

Hlstory.---<1. 13, ch. 57.f!.7; s. 7, ch. 61-129; ss. 19, 35, ch. 69-106; s. 182, ch. 77-104; 8 . 411, ch. 77-147.

486.141 Fraudulent representation to obtain registration unlawful.-It shall be unlawful for any person to obtain or attempt to obtain registration under this chapter by any willful misrepresentation or any fraudulent representation.

History.-<~. 14, ch. 57.f!.7; 8. 18, ch. 67-537.

486.151 Penalties for violations.-Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. History.-<~. 15, ch. 57.f!.7; 8. 438, ch. 71-138.

486.161 Exemptions.-No provision of this chapter shall be construed to prohibit the following persons from using physical therapy as a part of or incidental to their profession, when they practice their profession under the statutes applicable to their profession: chiropractors, podiatrists, doctors of medicine, masseurs, nurses, osteopathic physicians and surgeons, and naturopaths.

History.-<~. 16, ch. 57.f!.7; 8. 2, ch. 65-170.

486.171 Current valid certificates effective.( I) Any person holding a certificate of registra

tion to practice physical therapy issued by the board which is valid when this law takes effect shall be deemed to be licensed as a registered physical therapist under the provisions of this chapter.

(2) Any person employed by or assisting the physical therapist as an aide shall be considered eligible to continue to perform his duties, provided he was so employed prior to the 1973 amendments to this act. He shall not be eligible for licensure as a physical therapist assistant or to call himself an assistant until he meets the requirements of this chapter.

Hlstory.--<J. 17, ch. 57.f!.7; 8 . 16, ch. 67-537; 8 . 12, ch. 73-354.

482

Ch. 487 PESTICIDE LAW Ch. 487

CHAPTER 487

PESTICIDE LAW

487.011 487.021 487.031 487.041 487.042

487.051

487.061 487.071

487.081 487.091 487.101 487.111 487.13 487.14 487.151 487.152 487.153 487.154 487.155

487.156

487.157 487.158 487.159

487.160 487.161

487.162 487.163 487.164 487.165 487.166

Short title. Definitions. Prohibited acts. Registration. Restricted pesticides; rules, permits, li

censes. Administration; rules and regulations;

procedure. Pesticide Technical Council. Enforcement, inspection, sampling and

analysis. Exemptions. Tolerances, deficiencies and penalties. Stop sale, stop use, removal or hold orders. Seizure, condemnation and sale. Cooperation. Injunction. Short title; administration. Declaration of purpose. Definitions. Rules. Licensing, classification, fee, applications,

examination, issue of license, nonresident licensee.

Governmental agencies, exemption from fee.

License renewals, penalty, retesting. Denial, suspension, revocation of license. Damages to property or animal except

man, report of loss, time for filing, failure to file.

Records. Exemptions, nonagricultural pest control

and research. Pesticide Application Council. Information; interagency cooperation. Enforcement and inspection; injunctions. Penalty. Application of law.

487.011 Short title.-This law may be cited as the "Florida Pesticide Law."

History.-s. 1, ch. 65-457.

487.021 Definitions.-For the purpose of this chapter:

(1) "Active ingredient" means: (a) In the case of a pesticide other than a plant

regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate insects, nematodes, fungi, rodents, weeds, or other pests.

(b) In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation, or otherwise alter the behavior, of ornamental or crop plants or the produce thereof

(c) In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant.

(d) In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.

(2) "Added ingredient" means any plant nutrient or plant regulator added to the mixture which is

not an active pesticidal ingredient, but which the manufacturer wishes to show on the label.

(3) "Adulterated" applies to any pesticide if its strength or purity falls below or is in excess of the professed standard of quality as expressed on labeling or under which it is sold, if any substance has been substituted wholly or in part for the pesticide or if any valuable constituent of the pesticide has been wholly or in part abstracted.

(4) "Advertisement" means all representations disseminated in any manner or by any means other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of pesticides.

(5) "Animal" means all vertebrate and invertebrate species, including, but not limited to, man and other mammals, birds, fish, and shellfish.

(6) "Antidote" means the most practical immediate treatment for poisoning and includes first aid treatment.

(7) "Brand" means the name, number, trademark, or any other designation which distinguishes one pesticide product from another.

(8) "Deficiency" means the amount of an active ingredient of a pesticide by which it fails to come up to its guaranteed analysis when analyzed.

(9) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(10) "Department" means the Department of Agriculture and Consumer Services.

(11) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(12) "Device" means any instrument or contrivance (other than a firearm) which is intended for trapping, destroying, repelling, or mitigating, any pest or other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom.

(13) "Distribute" means to offer for sale, hold for sale, sell, barter, or supply pesticides in this state.

(14) "Excess" means the amount of an active ingredient of a pesticide by which it exceeds its guaranteed analysis when analyzed.

(15) "Fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts), as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.

(16) "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any fungi, except those on or in living man or other animals.

(17) "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any weed.

483


(18) "Highly toxic" means any highly toxic pesticide as determined by the rules and regulations promulgated pursuant to this act.

(19) "Imminent hazard" means a situation which exists when the continued use of a pesticide during the time required for cancellation proceedings would be likely to result in unreasonable adverse effects on the environment or will involve unreasonable hazard to the survival of a species declared endangered.

(20) "Inert ingredient" means an ingredient which is not an active ingredient.

(21) "Ingredient statement" means: (a) A statement of the name and percentage by

weight of each active ingredient, together with the total percentage of the inert ingredients in the pesticides, and

(b) When the pesticide contains arsenic in any form, a statement which shall also include percentages of total and water-soluble arsenic, each calculated as elemental arsenic.

(22) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six legs, usually in winged form (as, for example, beetles, bugs, bees, and flies) and to other allied classes and arthropods whose members are wingless and usually have more than six legs (as, for example, spiders, mites, ticks, centipedes, and wood lice).

(23) "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects which may be present in any environment whatsoever.

(24) "Label" means the written, printed, or graphic matter on or attached to a pesticide, device, or immediate and outside container or wrappers of such pesticide or device.

(25) "Labeling" means all labels and other written, printed, or graphic matter upon the pesticide or device or any of its containers or wrappers, or accompanying the pesticide or device at any time, but does not include accurate, nonmisleading reference to current official publications of the United States Departments of Agriculture or Interior, the Environmental Protection Agency, the United States Public Health Service, state experiment stations, state agricultural colleges, or other similar federal institutions or official agencies ofthis state or other states authorized by law to conduct research in the field of pesticides.

(26) "Land" means all land and water areas, including airspace.

(27) "Manufacturer" means a person engaged in the business of importing, producing, preparing, mixing, or processing pesticides.

(28) "Misbranded" applies: (a) To any pesticide or device if its labeling bears

any statement, design, or graphic representation relative thereto or to its ingredients which is false or misleading in any particular.

(b) To any pesticide: 1. If it is an imitation of, or is offered for sale

under the name of, another pesticide. 2. If its labeling bears any reference to registra

tion under this chapter. 3. If the labeling accompanying it does not con-

tain instructions for use which are necessary and, if complied with, adequate for the protection of the public.

4. If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living man and other vertebrate animals.

5. If the label does not bear an ingredient statement on that part of the immediate container, and on the outside container or wrapper, ifthere be one, through which the ingredient statement on the immediate container cannot be clearly read, of theretail package which is presented or displayed under customary conditions of purchase.

6. If any word, statement, or other information required by or under authority of this law to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or graphic matter in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

7. If, in the case of an insecticide, nematocide, fungicide, or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying such pesticide.

8. If, in the case of a plant regulator, defoliant, or desiccant, when used as directed, it shall be injurious to living man or other vertebrate animals, or vegetation, to which it is applied, or to the person applying such pesticide. However, physical or physiological effects on plants or parts thereof shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant, or desiccant was applied in accordance with the label claims and recommendations.

9. If any ingredient which is present in amounts which are not likely to be effective when used according to directions is given undue prominence or conspicuousness, as compared with ingredients which are present in effective amounts, in its labeling. Such ingredient shall appear only in the ingredient statement.

(29) "Nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes.

(30) "Nematode" means invertebrate animals of the phylum Nemathelminthes and class Nematoda (that is, unsegmented round worms with elongated, fusiform, or saclike bodies covered with cuticle and inhabiting soil, water, plants, or plant parts), and may also be known as nemas or eelworms.

(31) "Official sample" means any sample of a pesticide taken by the department in accordance with the provisions of this law or rules adopted hereunder and designated as official by the department.

(32) "Percent" means one one-hundredth part by weight or volume.

(33) "Persistent pesticide" means a pesticide which will persist in the environment beyond 1 year from the date of application.

(34) "Person" means any individual, partnership, association, corporation, or organized group of persons whether incorporated or not.

484


(35) "Pest" means all insects, fungi, bacteria, weeds, rodents, predatory animals, or any other form of plant or animal life, including viruses, which may infest or be detrimental to vegetation, man, animals, or households, except viruses or fungi on or in living man or other animals, present in any environment where not desired, or which may be declared to be a pest by the department.

(36) "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 forms of plant or animal life or viruses, except viruses or fungi on or in living man or other animals, which the department shall declare to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(37) "Plant nutrient" mean any ingredient that furnishes nourishment to the plant or promotes its growth in a normal manner.

(38) "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or maturation, or for otherwise altering the behavior, of ornamental or crop plants or the produce thereof; but does not include substances intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(39) "Protect health and the environment" means protection against any unreasonable adverse effects on the environment.

(40) "Registrant" means the person registering any pesticide pursuant to the provisions of this law.

(41) "Restricted pesticide" means any pesticide formulation or device which, when used as directed or in accordance with a commonly recognized practice, the department determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment, including man, pollinating insects, animals, crops, wildlife, and lands, other than pests.

(42) "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animal, in any environment whatsoever, which the department declares to be a pest.

(43) "Sell or sale" includes exchanges. (44) "Tolerance" means the deviation from the

guaranteed analysis permitted by law. (45) "Unreasonable adverse effects on the envi

ronment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

(46) "Weed" means any plant which grows where not wanted.

History.-s. 1, ch. 65-457; ss. 14, 35, ch. 69-106; s. 1, ch. 69-376; s. 1, ch. 70-52; s. 178, ch. 71-377; s. 1, ch. 73-63.

487.031 Prohibited acts.-It is unlawful: (1) To distribute, sell, or offer for sale within this

state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:

(a) Any pesticide which has not been registered pursuant to the provisions ofs. 487.041, or any pesti-

cide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with its registration, or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that in the discretion of the department, a change in the labeling or formula of a pesticide may be made within a registration period without requiring reregistration of the product and that such a change will not have an unreasonable adverse effect on the environment.

(b) Any pesticide unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to the outside container or wrapper of the retail package, ifthere be one, through which the required information on the immediate container cannot be clearly read, a label bearing:

1. The name and address of the manufacturer or the registrant;

2. The name brand, or trademark under which said article is sold;

3. The net weight or measure of the contents, subject, however, to such reasonable variations as the department may permit; and

4. All other mandatory labeling requirements.

However, the delivery of pesticides in bulk, on permit of the department, is deemed to comply with the unbroken container and labeling provision of this paragraph when safely transported, transferred, deposited, and labeled in a manner provided by technical rule.

(c) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined as·provided ins. 487.051, unless the label shall bear, in addition to any other matter required by this chapter:

1. The skull and crossbones; 2. The word "POISON" prominently, in red, on a

background of distinctly contrasting color; 3. A statement of an antidote for the pesticide; 4. Specific directions for removing and destroy

ing all waste pesticides from containers and decontamination of empty containers;

5. A warning that all waste pesticide shall be removed from containers and that empty containers shall be either burned or buried or decontaminated thoroughly before disposal in any other manner.

(d) Any pesticide highly toxic to man if its container is not closed and made of such material as will prevent leakage or dusting out when shipped, stored or handled.

(e) The pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate and barium fluosilicate unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this law, or any other white powder pesticide which the department, after investigation of and after public hearing on the necessity for such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored; unless it has been so colored or discolored;

485


provided, that the department may exempt any pesticide to the extent that it is intended for a particular use or uses from the coloring or discoloring required or authorized by this section if it determines that such coloring or discoloring for such use or uses is not necessary for the protection of the public health.

(f) Any pesticide which is adulterated or misbranded, or any device which is misbranded.

(2) To detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this law or regulations promulgated hereunder, or to add any substance to, or take any substance from, any pesticide in a manner that may defeat the purpose of this chapter.

(3) For any person to use for his own advantage or to reveal any information relative to formulas of products acquired by authority of s. 487.041, other than to the department, proper officials or employees of the state, the courts of this state in response to a subpoena, physicians, to pharmacists in emergencies and other qualified persons, for use in the preparation of antidotes.

(4) To disseminate any false advertisement. (5) For any pe'rson to dispose of in any manner a

pesticide that has been placed under stop sale, stop use, removal or hold order by the department without a written release order from the department or to remove stop sale, stop use, removal or hold order from article so detained.

(6) To hold or offer for sale, sell, or distribute "restricted pesticides" without a license and without having received from the person to whom sale is made, or his agent to whom delivery is made, a signed written statement, on a form prescribed by the department, that the purchaser or user holds a valid permit to purchase or use such "restricted pesticides."

(7) To purchase, use, or possess "restricted pesticides" without a purchase or use permit.

(8) To purchase, use, or dispose of"restricted pesticides" or their containers in a manner other than those stated on the purchase or use permit or in the labeling.

(9)(a) To use in a broadcast manner within the state any persistent pesticide, except for:

1. Use inside or underneath buildings or within one foot of buildings, as may be necessary for the long-lasting control of disease vectors, termites, or other domestic arthropods;

2. Use for emergency human disease control when no safe and effective alternative control method is available, as determined and regulated by the Department of Health and Rehabilitative Services;

3. Use for pest control on forest or agricultural crops when no safe and effective alternative control method is available, as determined and regulated by the Department of Agriculture and Consumer Services, or in an emergency, as determined and regulated by the Department of Agriculture . and Consumer Services, and such emergency rules and regulations shall be published and posted during the emergency in the area affected, and copies shall be filed with the Department of State for public record; or

4. Research by acknowledged research establishments, public or private.

(b) The Department of Agriculture and Consumer Services or the Department of Health and Rehabilitative Services, when emergency use is authorized, shall file with the Department of 2[Environmental Regulation] a report of action taken, including:

1. Kind and amount of insecticide used; 2. Manner of application; 3. Disposal of container; and 4. Method of cleaning equipment. (c)l. The Department of Agriculture and Con

sumer Services shall file with the Department of 2[Environmental Regulation] an annual report for each calendar year, not later than March 1 of the following year, of the amount and kind of persistent pesticides sold in the state.

2. Registrants selling persistent pesticides shall report to the Department of Agriculture and Consumer Services the name and the amount of each persistent pesticide sold by them in this state during each calendar year. The report shall be filed with the department not later than January 31 following the said reporting year.

(10) For any person to handle, transport, store, display, or distribute pesticides in such a manner as to endanger man 1[or] his environment or to endanger food, feed, or any other products that may be transported, stored, displayed, or distributed with such pesticides.

(11) For any person to dispose of, discard, or store any pesticides or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects or to pollute any water supply or waterway.

History.-s. 1, ch. 65-457; s. 1, ch. 69-19; ss. 14, 35, ch. 69-106; s. 2, ch. 69-376; s. 2, ch. 70-52; s. 1, ch. 70-439; s. 2, ch. 71-137; s. 1, ch. 72-166; ss. 2, 3, ch. 73-63; s. 183, ch. 77-104; s. 412, ch. 77-147.

'Note.-"Or" substituted for "and" by the editors. 'Note.-Bracketed language substituted for "Pollution ControL" Sees. 8, ch.

75-22, which transferred the Department of Pollution Control to the Department of Environmental Regulation . cf.-s. 487.081 Exemptions.

487.041 Registration.-(! ) Every pesticide which is distributed, sold, or

offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered in the office of the department, and such registration shall be renewed annually. The registrant shall file with the department a statement including:

(a) The name and street address of the registrant;

(b) The name of the pesticide; (c) An ingredient statement and a complete copy

of the labeling accompanying the pesticide which shall conform to the registration and a statement of all claims to be made for it including directions for use and a guaranteed analysis showing the names and percentages by weight of each active ingredient, the total percentage of inert ingredients, and the names and percentages by weight of each "added ingredient" contained therein.

(2) For the purpose of defraying expenses of the department in connection with carrying out the provisions of this chapter, each person shall pay a registration fee of$10 for each and every brand registered annually, for the first 10 brands, and $2.50 for each

486


and every brand in excess thereof. All registrations expire on December 31 of each year and new registrations must be filed before January 15 of the current year. Nothing in this section shall be construed as applying to jobbers or retail dealers selling pesticides when such pesticides are registered.

(3) The department, whenever it deems it necessary in the administration of this chapter, may require the submission of the complete formula, evidence of the efficiency and evidence of the safety of any pesticide. This evidence shall be examined by the technical council which shall make recommendations to the department as to whether or not it should be accepted for registration. After the technical council has made its recommendation, the department may register or refuse to register the pesticide. However, before registration is refused the department shall notify the applicant of its intention to refuse, giving its reasons therefor. The applicant shall have 15 days thereafter in which to request a hearing on his application for registration, and upon his failure to do so within said time, refusal shall become final without further procedure. The department, for reasons of adulteration, misbranding or other good cause, may refuse or revoke the registration of any pesticide, upon notice to the applicant or registrant of its intention to so refuse or revoke, giving its reasons therefor. The applicant shall have 15 days thereafter in which to request a hearing on the department's intention to refuse or revoke registration and upon his failure to do so within said time refusal or revocation shall become final without further procedure. In no event shall registration of a pesticide be construed as a defense for the commission of any offense prohibited under s. 487.031.

(4) Persons registered to manufacture or sell pesticides, under the provisions of this chapter, may make and sell special lots of pesticides not already registered with the department, provided that request for registration of such special lot of pesticide is mailed to the department on the same day the lot is made.

(5) When a registrant discontinues the distribution of a pesticide, which has been registered in this state, he will be required to continue registration of this pesticide until no more remains on the retailer's shelves, or not to exceed 2 years after written notice to the department of date of discontinuance. If any person desires to further offer said discontinued product for sale he may register same in his own name and shall comply with all provisions of this chapter applying to registrant.

History.-s. 1, ch. 65-457; ss. 14, 35, ch. 69-106; s. 4, ch. 73-63.

487.042 Restricted pesticides; rules, permits, licenses.-

(1) The department shall adopt technical regulations which govern the purchase and use of"restricted pesticides." Such regulations may prescribe the area, time, amount, and other conditions deemed necessary to avoid injury under which a "restricted pesticide" may be used.

(2) "Restricted pesticides" may be purchased or used only under an annual permit of the department or by a licensee under chapter 482. Such permit shall be issued by the department on a form supplied by it. Authorization for permit to purchase or use shall

be based upon a certificate issued by the county agricultural extension agent, or other person designated by the department by rule, certifying that the purchaser or user is a bona fide agricultural, commercial, or industrial user of "restricted pesticides" necessary for the operation of his business. Every permit issued under this chapter is conditioned upon application accompanied by the certificate above referred to and upon compliance with the regulations deemed necessary.

(3) Each person holding or offering for sale, selling, or distributing "restricted pesticides" shall obtain a license from the department. Such license shall expire on June 30 of each year and shall be renewed on or before July 1 of each year.

(4) The department may refuse, revoke, or suspend the permit or license of anyone who has violated any law or rule upon which permit or license was issued or for violations during the previous permit or license year, upon notice to the permittee or licensee of its intention to so refuse, revoke, or suspend, citing reasons therefor. The permittee or licensee shall have 15 days thereafter in which to request a hearing on the department's intention to refuse, revoke, or suspend permit or license and, upon permittee's or licensee's failure to request hearing within said time, refusal, revocation, or suspension shall become final without further notice or procedure.

History.-s. 3, ch. 69-376; ss. 14, 35, ch. 69-106.

487.051 Administration; rules and regulations; procedure.-

(1) This chapter and all rules and regulations adopted and promulgated hereunder shall be administered and enforced by the department.

(2) The department is authorized by technical rule, to implement, make specific and interpret the provisions of this chapter and specifically:

(a) To declare as a pest any form of plant or animal life or virus which is injurious to plants, man, domestic animals, articles or substances;

(b) To determine whether pesticides are highly toxic to man;

(c) To determine standards of coloring or discoloring for pesticides, and to subject pesticides to the requirements of s. 487.031(1)(e);

(d) To determine the composition and use of pesticides as defined in this chapter, including, without limiting the foregoing general terms, the taking and handling of samples, the establishment of tolerances and deficiencies where not specifically provided for in this chapter, to prohibit the sale or use in pesticides of any material proven detrimental to agriculture or of questionable value; to provide for the incorporation into pesticides of such other substances as plant nutrients and proper labeling of such mixture; to prohibit the sale of pesticides in tablet, pellet or capsule form or combined with human food so as to be dangerous to human beings; and to prescribe the information which shall appear on the label other than specifically set forth in this chapter.

(e) To determine pesticides, and quantities of substances contained in pesticides, which are injurious to the environment. The department shall be guided by the environmental protection agency regulations in this determination.

(3) In order to avoid confusion endangering the

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public health, resulting from diverse requirements, particularly as to the labeling and coloring of pesticides, and to avoid increased costs to the people of this state due to the necessity of complying with such diverse requirements in the manufacture and sale of such pesticides, it is desirable that there should be uniformity between the requirements of the several states and the federal government relating to such pesticides. To this end, the department is authorized to adopt by regulation such regulations applicable to and in conformity with primary standards established by this chapter, as have been or may be prescribed in the environmental protection agency with respect to pesticides.

(4) All rules and regulations heretofore made and promulgated under existing pesticide laws which are consistent with the provisions of this chapter, as herein amended, shall remain in force and effect until superseded, modified or repealed as in this chapter provided.

(5)(a) All rules and regulations made, adopted or promulgated under authority of this chapter shall be divided into two classes to be known as "technical rules and regulations" and "administrative rules and regulations."

(b) The department shall have full and complete power and authority to make, adopt, promulgate, amend and repeal, without prior notice and hearing, all rules and regulations under the classification "administrative rules and regulations" which it shall deem necessary or helpful in the efficient administration and enforcement of this chapter.

(c) "Administrative rules and regulations" are defined as those rules and regulations which control and regulate the internal affairs of the Department of Agriculture and Consumer Services relating to the administration of this chapter.

(d) "Technical rules and regulations" are defined as those rules and regulations other than administrative rules and regulations.

(e) All rules and regulations under the classification technical rules and regulations shall be made, adopted, promulgated, amended or repealed by the department upon notice and hearing provided in paragraph (f). Any member of the Pesticide Technical Council or any person, firm or corporation, manufacturing, offering for sale, selling, consuming or otherwise using commercial pesticides in the state may suggest a rule for adoption by the department.

(f) Any person, firm or corporation who files its name and address with the department shall be furnished notice of hearing of the technical council and copy of proposed rule at least 10 days before said hearing.

History.-s. 1, ch. 65-457; ss. 14 , 35, ch. 69-106; s. 179, ch. 71-377; ss. 5, 6, ch. 73-63.

487.061 Pesticide Technical Council.-(1) COMPOSITION.-The Pesticide Technical

Council in the Department of Agriculture and Consumer Services shall be composed of 13 members as follows: a representative of each of the Divisions of Chemistry and Inspection of the Department of Agriculture and Consumer Services; the dean for research and the dean of extension services, Institute of Food and Agricultural Sciences, University of Florida; the field crops, citrus, vegetable, and beef

cattle members of the State Agricultural Advisory Council; one member each from the Department of 1[Erivironmental Regulation], the Department of Natural Resources, the Game and Fresh Water Fish Commission, and the Department of Health and Rehabilitative Services; and a member representing the pesticide industry. The 2[Department ofEnvironmental Regulation], the Department of Natural Resources, the Game and Fresh Water Fish Commission, and the Department of Health and Rehabilitative Services shall appoint members of their respective staffs that are best qualified to perform the technical advice as it relates to their own agency. The industry member shall be a manufacturer of commercial pesticides earning a major portion of his income from the said manufacturing and shall be appointed by the department subject to the same procedure as prescribed in s. 570.23. The term of office of the industry member shall be for a period of 2 years. The state chemist shall serve as secretary of the Pesticide Technical Council.

(2) MEETINGS.-The technical council shall meet at the call of its chairman or secretary.

(3) OFFICIAL ACTION.-Official action of the technical council requires a majority vote of the council.

(4) POWERS AND DUTIES.-The Pesticide Technical Council, with respect to its field of work and that of the Department of Agriculture and Consumer Services, shall have the powers and duties to consider and study the entire field of pesticides; to review and make recommendations to the department on any pesticide registration submitted to it by the department; to advise, counsel and consult with the department upon its request in connection with the promulgation, administration and enforcement of all laws, rules and regulations relating to pesticides; to consider all matters submitted to it by the department or its secretary or other members of the council and to offer suggestions and make recommendations to the department on its own initiative in regard to changes in the laws, rules and regulations relating to pesticides, as may be deemed advisable to secure the effect ive administration and enforcement of said laws and rules and regulations; to suggest or recommend, on its own initiative, policies or practices for the administration of this chapter, which suggestions and recommendations the department shall duly consider.

(5) RECORDS OF MEETINGS.-In conducting its meetings, the technical council shall use accepted rules of procedure and the secretary shall keep a complete record of the proceedings of each meeting of the technical council, which proceedings shall show the names of the members present at each meeting and the actions taken at council meetings. Such record of proceedings of the council shall be kept on file with the secretary and in the department, and all such records and other documents relating to matters within the jurisdiction of the council shall be subject to inspection by the members of the council.

History.-s. I, ch. 65-457; s. I, ch. 69-93; ss. 14, 35, ch. 69-106; s. 133, ch. 73-333; s. 4, ch. 77-108; s. 413, ch. 77-147.

'Note.- Bracketed language substituted by the editors for "Pollution Con-

488


trol." See Note 2 followings. 487.031. ' Note.-Bracketed language substituted for "'Pollution Control Board." See

Note 2 following s. 487.031.

487.071 Enforcement, inspection, sampling and analysis.-

(1) The department, or its agent, is authorized to enter upon any public or private premises or carrier during regular business hours in the performance of its duties relating to pesticides and records pertaining to same.

(2) The department, or its agent, is authorized and directed to sample, test, inspect and make analyses of pesticides sold or offered for sale or distributed within this state, at time and place and to such an extent as it may deem necessary to determine whether such pesticides are in compliance with the provisions of this chapter.

(3) The official analysis shall be made from the official sample. A sealed and identified sample, herein called "official check sample" shall be kept until the analysis is completed on the official sample. Provided, however, that the registrant may obtain upon request a portion of said official sample. If the official analysis conforms with the provisiqns of this chapter, the official check sample may be destroyed. If the official analysis does not conform with the provisions of this chapter, then the official check sample shall be retained for a period of90 days from the date of the certificate of analysis of the official sample.

(4) If a pesticide or device fails to comply with the provisions of this chapter with reference to the ingredient statement reflecting the composition of the product, as required on the registration and labeling, and the department contemplates possible criminal proceedings against the person responsible because of such violation, the department shall, after due notice accord such person an informal hearing or an opportunity to present his views, either orally or in writing, with regard to such contemplated proceedings, and if in the opinion of the department the facts so warrant, the department may refer the facts to the state attorney for the county in which the violation occurred, with a copy of the results of the analysis or the examination of such article; provided, however, that nothing in this chapter shall be construed as requiring the department to report for prosecution minor violations whenever it believes that the public interest will be subserved by a suitable notice of warning in writing.

(5) It shall be the duty of each state attorney to whom any such violation is reported, to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

(6) The department shall, by publication in such manner as it may prescribe, give notice of all judgments entered in actions instituted under the authority of this chapter.


487.081 Exemptions.-(!) The penalties provided for violations of s.

487.031(1)(a) shall not apply to: (a) Any carrier while lawfully engaged in trans

porting a pesticide within this state, if such carrier shall, upon request, permit the department or its designated agent to copy all records showing the

transactions in and movement of the articles; (b) Public officials of this state and the federal

government engaged in the performance of their official duties;

(c) The manufacturer or shipper of a pesticide for experimental use only; by or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides, or by others if a permit has been obtained before shipment in accordance with regulations promulgated by the department.

(2) No article shall be deemed in violation of this chapter when intended solely for export to a foreign country, and when prepared or packed according to the specifications or directions of the purchaser.

(3) Notwithstanding any other provision of this chapter, registration and labeling is not required in the case of a pesticide stored or shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person or from one manufacturer to another manufacturer, provided they are properly labeled whenever poison labels are required under s. 487.031(1)(c).

(4) Nothing in this chapter shall be construed to apply to any persons duly licensed or certified under chapter 482, in their performing any pest control, or other operation for which they are licensed or certified under said statutes.

History.-s. 1, ch. 65-457; s. 4, ch. 65-295; ss. 14, 35, ch. 69-106.

487.091 Tolerances, deficiencies and penalties.-

(1) No deficiency shall exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deficiency is greater than 3 percent of the amount guaranteed of one or more of the active ingredients or added ingredients claimed except as provided by the department by regulation.

(2) Any person violating s. 487.031(1)(a) shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(3) Any person violating any provision of this chapter other than s. 487.031(1)(a) shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


487.101 Stop sale, stop use, removal or hold orders.-

(1) When a pesticide or device is being offered or exposed for sale or held in violation of any of the provisions of this law, the department, through its authorized representative, may issue and enforce a stop sale, stop use, removal, or hold order, in writing, to the owner or custodian of said pesticide or device, ordering it to be held at a designated place until the law has been complied with and said pesticide or device is released, in writing, by the department or its authorized representative or said violation has been disposed of by court order.

(2) Such written notice is warning to all persons whomsoever, including, but not limited to, the owner or custodian thereof or his agents or employees, to scrupulously refrain from moving, bothering, altering, or interfering with said pesticide or device or from altering, defacing, or in any way interfering

489


with such notice itself or permitting the same to be done. The willful violation of these provisions is a

.misdemeanor, subjecting said violator to the penalty provisions of s. 487.091(3).

(3) The department or its authorized representative shall release the pesticide or device so withdrawn when the provisions of this law have been complied with.

(4) Such owner or custodian, with authorization and supervision of the department, may relabel said pesticide or device so that the label will conform to the product, or transfer and return said product to the manufacturer or supplier thereof for the purpose of bringing the product in compliance with the law.

History.- s. 1, ch. 65-457; s . 1, ch . 67-527; s. 1, ch. 69-12; ss. 14, 35, ch. 69-106; s. 440, ch. 71·136; s. 7, ch. 73-63.

487.111 Seizure, condemnation and sale.(1) Any lot of pesticide or device not in compli

ance with the provisions of this chapter shall be subject to seizure on complaint of the department to the Circuit Court in the county in which said pesticide or device is located. In the event the court finds said pesticide or device to be in violation of this chapter and orders it condemned, it shall be disposed of as the court may direct; provided, that in no instance shall the disposition of said pesticide or device be ordered by the court without first giving the owner or custodian an opportunity to apply to the court for release of said pesticide or device or for permission to process or relabel it to bring it into compliance with this chapter.

(2) If the court finds that a condemned pesticide or device may be disposed of by sale, the proceeds, less legal costs, shall be paid to the General Inspection Trust Fund.

(3) When a decree of condemnation is entered against the pesticide or device, court costs, fees and storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide or device.

History.--s. 1, ch. 65-457; ss. 14, 35, ch. 69-106; s. 8, ch. 73-63.

487.13 Cooperation.-The department is authorized and empowered to cooperate with and enter into agreements with any other agency of this state, the United States Department of Agriculture, the environmental protection agency, and any other state or federal agency thereof for the purpose of carrying out the provisions of this chapter and securing uniformity of regulations.

History.-s. 1, ch. 65-457; ss. 14, 35, ch. 69·106; s. 10, ch. 73-63.

487.14 Injunction.-In addition to the remedies provided in this chapter and notwithstanding the existence of any adequate remedy at law, the department is authorized to make application for injunction to a circuit judge, and such circuit judge shall have jurisdiction upon a hearing and for cause shown to grant a temporary or permanent injunction, or both, restraining any person from violating or continuing to violate any of the provisions of this chapter or from failing or refusing to comply with the requirements of this chapter or any rule or regu-

lation adopted hereunder, such injunction to be issued without bond. A single act in violation of the provisions ofthis chapter shall be sufficient to authorize the issuance of an injunction.

History.-s. 1, ch. 65-457; ss. 14, 35, ch. 69-106.

487.151 Short title; administration.-This act shall be known as the "Florida Pesticide Application Act of 197 4" and shall be administered by the Department of Agriculture and Consumer Services, herein referred to as the "department."

History.-ss. 1, 2, ch. 74-247.

487.152 Declaration of purpose.-The purpose of this act is to regulate, in the public interest, the use and application of restricted pesticides, except as such application is regulated under chapters 388 and 482, and to designate the Department of Agriculture and Consumer Services under the authority granted herein and by chapter 487 as the agency responsible for administering. a certification plan for applicators of restricted pesticides and to cooperate with the Environmental Protection Agency as prescribed ins. 4 of Public Law 92-516, the Federal Environmental Pesticide Control Act of 1972.

History.-s. 3, ch. 74-247.

487.153 Definitions.-For the purpose of this act:

(1) "Aircraft" means any machine designed for flight for use in applying pesticides.

(2) "Animal" means all vertebrate and invertebrate species, including but not limited to man and other mammals, birds, fish, and shellfish.

(3) "Certification" means the recognition by a state that a person is competent and thus authorized to use or supervise the use of restricted use pesticides.

(4) "Certified applicator" means any person who is certified to use or supervise the use of any restricted use pesticide covered by his certification.

(5) "Commercial applicator" means a certified applicator, whether or not he is a private applicator with respect to some uses, who uses or supervises the use of any pesticide which is classified for restricted use for any purpose or on any property, other than as provided by the definition of"private applicator."

(6) "Council" means the Pesticide Application Council.

(7) "Defoliant" means any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.

(8) "Desiccant" means any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.

(9) "Device" means any instrument or contrivance, other than a firearm, which is intended for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life, other than man or other than bacteria, virus, or other microorganism on or in living man or other living animals, but not including equipment used for the application of pesticides when sold separately therefrom.

(10) "Equipment" means any type of ground, water, or aerial equipment or contrivance using motor-

490


ized, mechanical, or pressurized power used to apply any pesticide on land and on anything that may be growing, habitating, or stored on or in such land, but shall not include any pressurized handsized household apparatus used to apply any pesticide, or any equipment or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application.

(11) "Fungi" means any nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds, yeasts, and bacteria, except those on or in living man or other animals.

(12) "Fungicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi, except those on or in living man or other animals.

(13) "Herbicide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.

(14) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six legs, usually in winged form, as, for example, beetles, bugs, bees, flies, and to other allied classes and arthropods whose members are wingless and usually having more than six legs, as, for example, spiders, mites, ticks, centipedes, and wood lice.

(15) "Insecticide" means any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever.

(16) "Land" means all land and water areas, including airspace.

(17) "Nematocide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating nematodes.

(18) "Nematode" means invertebrate animals of the phylum Nemathelminthes and class Nematode, that is, unsegmented roundworms with elongated, fusiform, or saclike bodies covered with cuticle and inhabiting soil, water, plants, or plant parts, and also known as nemas or eelworms.

(19) "Person" means any individual, partnership, association, corporation, organized group of persons, whether incorporated or not, or governmental agency.

(20) "Pest" means: (a) Any insect, rodent, nematode, fungus, weed;

or (b) Any other form of terrestrial or aquatic plant

or animal life or virus, bacteria, or other microorganism except viruses, bacteria, or other microorganisms on or in living man or other living animals,

which is declared to be a pest by the Administrator of the Environmental Protection Agency under s. 25(c)(1) of Public Law 92-516, or which may be declared to be a pest by the department.

(21) "Pesticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any insects, rodents, nematodes, fungi, weeds, or other forms of plant or animal life or viruses, except viruses or fungi on or in living

man or other animals, which the department shall declare to be a pest, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.

(22) "Plant regulator" means any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or maturation or for otherwise altering the behavior of ornamental or crop plants or the produce thereof, but shall not include substances intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants, or soil amendments.

(23) "Private applicator" means a certified applicator who uses or supervises the use of any pesticide which is classified for restricted use for purposes of producing any agricultural commodity on property owned, rented, or controlled by him or his employer or, if applied without compensation other than trading of personal services between producers of agricultural commodities, on the property of another person, subject to rules and regulations adopted under authority granted by this law.

(24) "Public applicator" means any individual who applies pesticides as an employee of a state agency, municipal corporation, public utility, or other governmental agency. This term does not include employees who work under direct "on-the-job" supervision of a public applicator.

(25) "Restricted pesticide" means any pesticide formulation or device which, when used as directed or in accordance with a commonly recognized practice, the department determines, subsequent to a hearing, requires additional restrictions to prevent unreasonable adverse effects on the environment, including man, land, beneficial insects, animals, crops, and wildlife, other than pests.

(26) "Rodenticide" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating rodents or any other vertebrate animals, in any environment whatsoever, which the department declares to be a pest.

(27) "Under the direct supervision of a certified applicator" means, unless otherwise prescribed by its labeling, that a pesticide shall be considered to be applied under the direct supervision of a certified applicator if it is applied by a competent person acting under the instructions and control of a certified applicator who is available if and when needed, even though such certified applicator is not physically present at the time and place the pesticide is applied.

(28) "Unreasonable adverse effects on the environment" means any unreasonable risk to man or the environment, taking into account the economic, social, and environmental costs and benefits of the use of any pesticide.

(29) "Weed" means any plant which grows where not wanted.

(30) "Wildlife" means all living things that are neither human, domesticated, nor pests as defined in this act.

History.- s. 4, ch. 74-247.

487.154 Rules.-(1) The department shall have authority to adopt

rules, after a public hearing following due notice to all interested persons, to carry out the provisions of this act and in such rules may define classifications

491


or subclassifications of commercial, private, and public applicators and prescribe methods to be used in the application of restricted pesticides. Rules shall be adopted in accordance with the Administrative Procedure Act, chapter 120. When the department finds that rules are necessary to carry out the purpose and intent of this act, such rules may relate to the time, place, manner, and method of application ofthe pesticides, and restrict or prohibit use of pesticides in designated areas during specified periods of time, and shall encompass all reasonable factors which the. department deems necessary to prevent damage or injury by drift or misapplication to:

(a) Plants, including forage plants, on adjacent or nearby lands.

(b) Wildlife in the adjoining nearby areas. (c) Fish and other aquatic life in waters in rea

sonable proximity to the area to be treated. (d) Pollinating insects, animals, or persons. (2) In adopting rules, the department shall give

consideration to pertinent research findings and recommendations of other agencies of this state or of the Federal Government.

History.-s. 5, ch. 74·247.

487.155 Licensing, classification, fee, applications, examination, issue of license, nonresident licensee.-It is unlawful for any person after October 21, 1977, to engage in the business of applying restricted pesticides, except as defined in chapters 388 and 482, without a certified applicator's license issued by the department.

(1) CLASSIFICATION.-The department may classify licenses to be issued under this act. Separate classifications and subclassifications may be specified by the department as deemed necessary to carry out the provisions of this act. Each classification may be subject to separate requirements or testing procedures. In specifying classifications, the department may consider, but is not limited to, the following:

(a) Commercial, public, or private applicator status;

(b) Ground or aerial methods of application; (c) The specific crops upon which pesticides are

applied; (d) The proximity of populated areas to the land

upon which restricted pesticides are applied; (e) The acreage under the control of the licensee; (f) The pounds of technical restricted toxicant

applied per acre per annum by the licensee. (2) FEES.-(a) The department may require an initial fee,

not to exceed $100, for processing the application and issuing a person a license as a "certified applicator." Such fee shall not represent more than the approximate cost of certification for the applicant and may vary in amount depending on the classifications or subclassifications for which the certification is made, as provided by rules and regulations promulgated under this act.

(b) The department may require a fee, not to exceed $5 per annum, for renewal of a certified applicator's license.

(c) Fees collected under the provisions of this act shall be deposited with the State Treasurer in the General Inspection Trust Fund and shall be used to defray expenses in the administration of this act.

(3) APPLICATION.-Application for license shall be made in writing to the department on a form furnished by the department. Each application shall contain information regarding the applicant's qualifications, proposed operations, and license classification or subclassifications, as prescribed by rule. · (4) EXAMINATION.-The department shall re

quire each applicant for a certified applicator's license to demonstrate competence by a written or oral examination, or such other equivalent procedure as may be adopted by rule or regulation under this act, that he possesses adequate knowledge concerning the proper use and application of pesticides in each classification for which application for license is made. A private applicator who is the holder of a valid restricted pesticide permit as provided in s. 487.042 shall be deemed to meet the requirements for a certified applicator's license. Examination or other equivalent procedure may be prepared, administered, and evaluated by the department. Although not limited to such, each applicant for a certified applicator's license shall demonstrate competence as to:

(a) The proper use of the equipment. (b) The environmental hazards that may be in

volved in applying the pesticides. (c) Calculating the concentration of pesticides to

be used in particular circumstances. (d) Identification of common pests to be con

trolled and the damages caused by such pests. (e) Protective clothing and respiratory equip

ment required during the handling and application of pesticides.

(f) General precautions to be followed in the disposal of containers as well as the cleaning and decontamination of the equipment which the applicant proposes to use.

(g) Applicable state and federal pesticide laws and regulations.

(5) ISSUE OF LICENSE.-If the department finds the applicant qualified in the classification for which he has applied, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency and the Department of Transportation of this state to operate the equipment described in the application, the department shall issue a certified applicator's license, limited to the classifications for which he is qualified, which shall expire as required by rules and regulations promulgated under this act unless it has been revoked or suspended prior thereto by the department for cause as hereinafter provided. The license shall be conspicuously displayed at the principal business address of the licensee or kept on the person of the licensee while performing work as a certified applicator.

(6) NONRESIDENT LICENSEE.-Any nonresident applying for a license under this act to operate in the state shall file a written power of attorney designating the Secretary of State as the agent of such nonresident upon whom service of process may be had in the event of any suit against said nonresident person, and such power of attorney shall be prepared in such form as to render effective the jurisdiction of the courts of this state over such nonresident applicant. However, any such nonresident who

492


has a duly appointed resident agent upon whom process may be served as provided by law shall not be required to designate the Secretary of State as such agent. The Secretary of State shall be allowed such fees therefor as provided by law for designating resident agents. The department shall be furnished with a copy of such designation of the Secretary of State or of a resident agent, such copy to be duly certified by the Secretary of State.

History.-s. 6, ch. 74-247; s. 1, ch. 7640.

487.156 Governmental agencies, exemption from fee.-All governmental agencies shall be subject to the provisions of this act and rules adopted thereunder except for payment of fees. Public applicators in charge of any equipment used by any governmental agency shall be subject to examination as provided in s. 487.155(4). The department shall issue a limited license without fee to public applicators employed with any such governmental agency. Said limited license shall be valid only when such public applicator is performing on equipment used by such agencies.

History.-s. 7, ch. 74-247.

487.157 License renewals, penalty, retesting. -The department shall require renewal of a certified applicator's license at least every 3 years. If the application for renewal of any license provided for in this chapter is not filed on time according to rules and regulations of the department, a penalty may be assessed not to exceed 10 percent of the initial license fee. However, such penalty shall not apply if the applicant furnishes an affidavit certifying that he has not engaged in business subsequent to the expiration of his license for a period not exceeding 60 days. Licenses may be renewed without taking another examination unless the department determines that new knowledge related to the classification for which the applicant has applied makes a new examination necessary. However, if the license is not renewed within 60 days of the expiration date, then such licensee may again be required to take another examination unless there is some unavoidable circumstance which results in the delay of the renewal of any license issued under this act which was not under the applicant's control.

History.-s. 8, ch. 74-247.

487.158 Denial, suspension, revocation of license.-The department may summarily suspend, pending inquiry, for not longer than 10 days, and, after opportunity for a hearing upon notice, may deny, suspend, revoke, or modify the provisions of any license issued under this act, if it finds that the applicant or licensee has committed any of the following acts applicable to him, each of which is declared to be a violation of this act:

(1) Made false or fraudulent claims through any media, misrepresenting the effect of materials or methods to be utilized;

(2) Made a pesticide recommendation or application not in accordance with the label registered with the department or not in accordance with recommendations of the Institute of Food and Agricultural Sciences;

(3) Operated faulty or unsafe equipment;

(4) Operated in a faulty, careless, or negligent manner so as to cause damage to property or person;

(5) Applied any pesticide that is harmful to human beings to fields where persons are engaged in work; ·

(6) Failed to disclose to an agricultural crop grower, at the time pesticides are applied to a crop, full information regarding the possible harmful effects to human beings or animals and the earliest safe time for workers or animals to reenter the treated field;

(7) Refused or, after notice, neglected to comply with the provisions of this act, the rules adopted hereunder, or any lawful order of the department;

(8) Refused or neglected to keep and maintain the records required by this act or to make reports when and as required;

(9) Made false or fraudulent records, invoices, or reports;

(10) Used fraud or misrepresentation in making an application for a license or renewal of same;

(11) Refused or neglected to comply with any limitations or restrictions on or in a duly issued license;

(12) Aided or abetted a licensed or unlicensed person to evade the provisions of this chapter, combined or conspired with such a licensed or unlicensed person to evade the provisions of this chapter, or allowed one's license to be used by an unlicensed person;

(13) Made false or misleading statements during or after an inspection concerning any infestation or infection of pests found on land; or

(14) Made false or misleading statements with regard to any known illness or injury to persons caused by the application of pesticides; or

(15) Impersonated any state, county, or city inspector or official.

History.-s. 9, ch. 74-247. cf.-ss. 120.50 et seq. Administrative Procedure Act.

487.159 Damages to property or animal except man, report ofloss, time for filing, failure to file.-

(1) The person claiming damages to property or animal except man from pesticide application shall file with the department a written statement claiming that he has been damaged, on a form prescribed by the department, within 60 days after the date that such damages occurred or prior to the time that 25 percent of a crop damaged shall have been harvested, whichever occurs first. Such statement shall contain, but shall not be limited thereto, the name of the person responsible for the application of said pesticide, the name of the owner or lessee of the land on which the crop is grown and for which such damages are claimed, and the date on which it is alleged that such damages occurred. The department shall prepare a form to be furnished to persons to he used in such cases, and such form shall contain such other requirements as the department may deem proper. The department shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility for such damages claimed and furnish copies of such statements as may be requested by other interested parties. The department shall investigate the alleged damages and notify all con-

493


cerned parties of its findings. If the findings reveal a violation of the provisions of this act, the department shall institute suspension or revocation proceedings, as provided ins. 487.158. The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court oflaw, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.

(2) The failure to file such a report shall not be a violation of this act. However, if the person failing to file such a report is the only one injured from such use or application of a pesticide by others, the department may, when in the public interest, refuse to hold a hearing for the denial, suspension, or revocation of a license issued under this act until such report is filed.

(3) When damage to property or animal except man is alleged to have been done, the claimant shall permit the licensee and his representatives to observe within reasonable hours the property or nontarget organism alleged to have been damaged, in order that such damage may be examined. Failure of the claimant to permit such observation and examination of the damaged property shall automatically bar the claim against the licensee.

(4) No punitive regulations shall be levied by the department except revocation or suspension of license, but the records required under s. 487.160 and any other relevant data or information collected by the department may be turned over to the state attorney.

History.-s. 10, ch. 74-247.

487.160 Records.-Licensees shall maintain records with respect to application of pesticides. Such relevant information as the department may deem necessary may be specified by regulations. Such records shall be kept for a period of 3 years from the date of the application of the pesticide to which such records refer, and the department shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee.

History.-s. 11, ch. 74-247.

487.161 Exemptions, nonagricultural pest control and research.-

(!) Any person duly licensed or certified under chapter 482, or under the supervision of chapter 388 is exempted from the licensing provisions of this act.

(2) The use of the antibiotic, oxytetracycline hydrochloride, for the purpose of controlling lethal yellowing is exempted from the licensing provisions of this act.

(3) Governmental, university, or industrial research agencies or personnel of same, when applying pesticides to experimental or demonstration plots, are exempted from the provisions of this act.

History.-s. 12, ch. 74-247; s. 6, ch. 75-178; s . 1, ch. 77-174.

487.162 Pesticide Application Council.-(!) COMPOSITION.-The Pesticide Application

Council shall be composed of the members of the Pesticide Technical Council, as defined ins. 487.061, and two certified commercial applicators, one of whom shall be an aerial applicator, who shall be appointed by the department subject to the same

procedure as prescribed in s. 570.23. (2) MEETINGS.-The council shall meet at the

call of its chairman or secretary. (3) OFFICIAL ACTION.-Official action of the

council requires a majority vote of the council. (4) POWERS AND DUTIES.-The council shall

have the power and duty: (a) To consider and study the entire field of pesti

cide application. (b) To advise, counsel, and consult with the de

partment upon its request in connection with the promulgation, administration, and enforcement of all laws, rules, and regulations relating to pesticide application.

(c) To consider all matters submitted to it by the department or any member of the council and to offer suggestions and make recommendations to the department on its own initiative, in regard to changes in the laws, rules, and regulations relating to pesticide application, as may be deemed advisable to secure the effective administration and enforcement of said laws and rules and regulations.

(d) To suggest or recommend, on its own initiative, policies or practices for the administration of this chapter, which suggestions and recommendations the department shall duly consider.

(5) RECORDS OF MEETINGS.-In conducting its meetings, the council shall use accepted rules of procedure, and the secretary shall keep a complete record of the proceedings of each meeting of the council, which proceedings shall show the names of the members present at each meeting and the actions taken at council meetings. Such record of proceedings of the council shall be kept on file with the secretary and in the department, and all such records arid other documents relating to matters within the jurisdiction of the council shall be subject to inspection by the members of the council.

History.-s. 13, ch. 74-247; s. 1. ch. 75-35.

487.163 Information; interagency cooperation.-

(1) The department may, in cooperation with the University of Florida or other agencies of government, publish information and conduct short courses of instruction in the safe use and application of pesticides for the purpose of carrying out the provisions of this act.

(2) The department may cooperate or enter into formal agreements with any other agency or educational institution of this state or its subdivisions or with any agency of any other state or ofthe Federal Government for the purpose of carrying out the provisions of this act and of securing uniformity of regulations.

History.-ss. 14, 15, ch. 74-247 .

487.164 Enforcement and inspection; injunctions.-

(1) The department shall enforce the provisions of this act and rules adopted thereunder to the extent that resources are made available for the administration and the enforcement of this act. In carrying out the provisions of this act, the department's duly authorized inspectors may enter upon any public or private premises at reasonable times, in order to have access for the purpose of inspecting records

494


or any equipment subject to this act and such premises on which such records or equipment is kept or stored, to inspect lands actually or reported to be exposed to pesticides, to inspect storage or disposal areas, to inspect or investigate complaints of injury to humans or land, or to sample pesticides being applied or to be applied.

(2) The department may bring an action without bond to enjoin the violation or threatened violation of any provision of this act, or any rules made pursuant to this act, in the circuit court of the county in which such violation occurs or is about to occur.

History.-ss. 16, 17, ch. 74-247.

487.165 Penalty.-Any person violating any provisions of this act or rule adopted hereunder shall

be guilty of a misdemeanor of the second degree and upon conviction shall be punishable as provided in ss. 775.082 and 775.083. For a subsequent violation, such person shall be guilty of a misdemeanor of the first degree and upon conviction shall be punishable as provided in ss. 775.082 and 775.083.

Hlstory.-s. 18, ch. 74-247; s. 64, ch. 74-383; s. 1, ch. 77-174.

487.166 Application of law.-This act does not apply to pending litigation or to any offense committed prior to the effective date of this act, and any such offense is punishable as provided by a statute in force at the time such offense was committed.

Hlstory.-ss. 19, 20, ch. 74-247; ss. 2, 3, ch. 7EKO.

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Ch. 488 COMMERCIAL DRIVING SCHOOLS Ch. 488

CHAPTER 488

COMMERCIAL DRIVING SCHOOLS

488.01 License required to conduct driver's school. 488.02 Rules and regulations. 488.03 License fee; expiration; renewal. 488.04 Instructors, qualifications; certificates. 488.05 Motor vehicle identification certificates. 488.06 Revocation or suspension of licenses. 488.07 Penalties for violation.

488.01 License required to conduct driver's schooL-Every person desiring to engage in the business of conducting a driver's school, shall prior to engaging in such business secure a license for such purpose. All applications for such license, both original and renewal, must be made to the Department of Highway Safety and Motor Vehicles on a form prescribed therefor by the department.

History.-s. 1, ch. 28142, 1953; ss. 24, 35, ch. 69-106.

488.02 Rules and regulations.-The Department of Highway Safety and Motor Vehicles shall promulgate such rules and regulations controlling commercial driving schools in Florida as are necessary and proper.

History.-s. 2, ch. 28142, 1953; ss. 24, 35, ch. 69-106.

488.03 License fee; expiration; renewal.-(!) Every application for an original license must

be accompanied by an application fee of $10, which shall in no event be refunded. If the application is approved, a further fee of $240 must be paid before the Department of Highway Safety and Motor Vehicles will issue the license. The funds collected pursuant to this chapter shall be used to further the purpose of this chapter by the Department of Highway Safety and Motor Vehicles. The license shall be valid for a period of 1 year from date of issuance. Licenses shall not be transferable. In the event of any change in ownership or interest in the business, an application for a new license, together with all instructors' certificates issued thereunder, must be surrendered to the department before a license will be issued to a new owner of the business. The fee for annual renewal of licenses shall be $50 per annum.

(2) All revenue received from the applications for and the issuance of licenses under the provisions of this chapter shall be deposited into the general revenue fund of the state. The department shall include a sufficient amount in its legislative budget request to properly carry out the provisions of this chapter.

History.-s. 3, ch. 28142, 1953; s. 1, ch. 61-281; s. 1, ch. 63-21; ss. 24, 35, ch. 69-106.

488.04 Instructors, qualifications; certificates.-No person shall receive compensation for giving instructions in the operation of motor vehicles unless such person is the holder of an instructor's certificate issued for such purpose by the Department of Highway Safety and Motor Vehicles. Such certificate shall be valid for use only in connection with the business of the driver's school or schools listed thereon by the department, or in connection with a driver education course offered by a district school board. An applicant for an instructor's certificate will be required to take special eye, written, and road tests, and may be required to furnish additional proofofhis qualifications and ability as an instructor.

History.-s. 4, ch. 28142, 1953; ss. 24, 35, ch. 69-106; s. 31, ch. 75-284.

488.05 Motor vehicle identification certificates.-No motor vehicle owned or controlled by a driver's school may be used for the purpose of giving driving instructions until the licensee has obtained from the Department of Highway Safety and Motor Vehicles a school vehicle identification certificate, which certificate shall be carried in such vehicle at all times. No school vehicle certificate will be issued by the department unless and until such vehicle is equipped in accordance with safety requirements as established by the department.

History.-s. 5, ch. 28142, 1953; ss. 24, 35, ch. 69-106.

488.06 Revocation or suspension of licenses. -The Department ofHighway Safety and Motor Vehicles may suspend or revoke any license or certificate mentioned in this law if such revocation or suspension shall be for the purpose of enforcing the safety requirements essential to effect the purpose of this law.

History.-s. 6, ch. 28142, 1953; ss. 24, 35, ch. 69-106.

488.07 Penalties for violation.-Any person who shall violate or fail to comply with any of the provisions of this chapter or any of the rules or regulations promulgated thereunder, shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 7, ch. 28142, 1953; s. 441, ch. 71-136.

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Ch. 489 FLORIDA WATCHMAKERS' COMMISSION Ch. 489

CHAPTER 489

FLORIDA WATCHMAKERS' COMMISSION

489.01 489.02 489.03

489.04 489.05 489.06 489.061 489.07 489.08 489.09 489.10 489.11

Definitions. Certificate required. Florida Watchmakers' Commission; dispo-

sition of fees. Applications for examinations. Examination. Registration. Establishment certificates. Apprentice watchmakers. Public identification plan. Revocation. Legal services. Penalties.

'489.01 Definitions.-(1) The term "watchmaking," for the purpose of

this chapter, shall include the repair, replacement, rebuilding, adjustment, or regulation of the mechanical parts of watches or clocks and the manufacture and fitting of parts designed for use in watches or clocks in public commerce, but not including such watches or clocks as are handled and used by any firm or corporation as instruments on vehicles or aircraft employed in interstate or international transportation. Such term as used herein shall in no sense apply to the manufacture, repair or other activity connected with any device other than watches or clocks for sale or repair as a public service.

(2) The term "watchmaker," as used in this chapter, shall mean any person engaging in the trade or practice of watchmaking.

(3) The term "registered watchmaker," as used in this chapter, shall mean a watchmaker holding a valid and unexpired certificate of registration as provided in this chapter.

(4) The term "apprentice watchmaker," as used in this chapter, shall mean an apprentice watchmaker holding a valid and unexpired certificate of registration as provided in this chapter.

(5) The term "commission," as used in this chapter, shall mean the "Florida Watchmakers' Commission."

(6) The term "establishment," as used in this chapter, means any place of business registered and holding a valid and unexpired certificate to accept or receive watches or clocks for repair when said watches or clocks are not to be repaired on the premises of said place of business, but are to be repaired by a registered watchmaker located at another place of business in the state, or sent out of the state for repair.

History.-s. 1, ch. 57-347; s . 1, ch. 74-276; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1978.

'489.02 Certificate required.-It shall be unlawful for any person to engage in watchmaking for profit or compensation of any kind, without a certificate of registration as hereinafter provided, or to accept or receive watches for repair in a place of business unless there shall be a registered watchmaker in said place of business; and said certificate of registration shall at all times be conspicuously displayed in said business or place of work, unless

said place of business has applied for, and has been issued, a certificate permitting said place ofbusiness to accept or receive watches or clocks for repairs when said watches or clocks shall not be repaired upon the premises of said place of business but are to be repaired by a registered watchmaker located at another place of business in this state or are to be sent out of this state for repair.


'489.03 Florida Watchmakers' Commission; disposition of fees.-

(1) There is hereby created a commission to be known as the "Florida Watchmakers' Commission," whose duty shall be to administer the provisions of this chapter. Said commission shall consist of five members, to be appointed by the Governor within 60 days after the effective date of this law. Each member shall have followed the occupation of watchmaking in this state for at least 5 years immediately prior to his appointment. Each member of said commission shall hold office for 4 years and until his successor shall be appointed and shall qualify as a member of said commission, except that in the first appointments under this law, 3 members shall be appointed for a term of 4 years each and two members for a term of2 years each, and the term of office in such cases shall be designated by the Governor at the time of the appointment of any member. The Governor may remove any member of the commission for cause. Members appointed to fill vacancies caused by death, resignation, removal or any other cause shall serve for the unexpired term of their predecessor. At least two members of said commission shall be employees as distinguished from employing watchmakers.

(2) The commission shall choose annually, one of its members to serve as chairman and one as secretary, who shall severally have power to administer oaths and take affidavits certifying thereto relative to matters within the powers and in connection with the duties of said commission and under the seal of the commission. A majority of the members of the commission shall constitute a quorum. The commission shall have the power to promulgate reasonable rules and regulations to carry out the purpose ofthis law and may retain such horological experts and administrative employees as may be necessary to carry out the provisions of this chapter. The secretary shall give such bond as may be required by the commission and shall keep a full record of its proceedings, which shall constitute public records of the state. Each member of the commission shall be paid $10 per day, or any part of a day, during the time that the commission shall be in session, and they shall also be paid traveling expenses as provided in s. 112.061, to and from their respective homes and the place of meeting of the commission.

(3) All moneys received by the commission under this chapter shall be paid to the secretary of the commission. Such moneys shall be deposited and expended pursuant to the provisions of s. 215.37. All

497


expenditures authorized by this chapter shall be paid upon presentation of vouchers approved by the chairman and secretary of the commission.

History.- s: 3, ch. 57-347; s. 25, ch. 61-514; s. 14, ch. 63-400; s. 3, ch . 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1978.

cf.-s. 215.37 Examining and licensing boards to be financed from fees collected; moneys deposited in trust funds; 10 percent to general revenue fund; appropria tion.

'489.04 Applications for examinations.-Each applicant for an examination shall make application to the commission at least 10 days prior to the date set by the commission for an examination on forms prepared and furnished by the commission, which application shall be accompanied by an examination fee of $15. Applicants for certificates shall be examined at a time and place fixed by the commission. The applicant shall be of good character and at least 18 years of age, and shall have served an apprenticeship of18 months or its equivalent as might be determined by the commission; and provided further that the words "its equivalent" herein are defined to mean that where the applicant has satisfactorily passed a course of instruction in an approved school of not less than 6 months' duration, for which a certificate shall have been issued by the said school, said school having heretofore been approved by the commission under reasonable regulations. Any school withiri the state in operation on June 6, 1957, shall be given a reasonable time within which to meet the requirements fixed by the commission.

History.- s. 4, ch. 57-347; s. 3, ch. 76-168; s. 40, ch. 77-121. 'Note.-Repealed by s. 3, ch. 76-168, effective J uly 1, 1978.

'489.05 Examination.-An applicant to be entitled to a certificate to engage in watchmaking shall pass an examination given by the commission, which examination shall be confined to such knowledge, practical ability and skill as is essential in the proper repair of watches and clocks and shall include an examination of the theoretical knowledge of watch and clock construction and repair and also shall include a practical demonstration of the applicant's skill in the manipulation and use of watchmakers' tools. The commission shall have authority and shall make reasonable rules and regulations for conducting examinations and shall prescribe the standards of workmanship and skill required of watchmakers receiving certificates issued by the commission.

History.- s. 5, ch. 57-347; s. 3, ch . 76-168. 'Note.-Repealed by s. 3, ch. 76-168, effective J uly 1, 1978.

'489.06 Registration.-(1) If the applicant successfully passes an exami

nation, the secretary of the commission shall register such fact among the records of the commission and shall issue to said applicant a certificate of registration.

(2) License certificates for watchmakers and apprentice watchmakers, and registration certificates for establishments, shall expire on June 30 of each year. As a prerequisite for the issuance of a renewal certificate for registered watchmakers or renewal of a registration certificate for establishments there shall be paid to the commission a fee of $12.

(3) Any person or establishment failing to renew his or its license certificate for watchmakers or apprentice watchmakers or his registration certificate for establishments prior to June 30 of each year is

considered delinquent and may effect renewal of his or its license within 30 days after June 30 by payment of a penalty fee of $25, in addition to the annual certificate renewal fee, for each year in which said certificate is delinquent.

(4) Any person or establishment failing to renew his or its certificate in accordance with the above provisions shall, after notice from the secretary by certified mail, automatically have said license suspended. Should any person or establishment fail to renew his or its certificate in accordance with the above provisions and continue to practice watchmaking as defined by s. 489.01, he shall, after notice from the secretary by certified mail, be penalized as provided by this chapter.

(5) Reinstatement of any of the above licenses shall be discretionary with the commission, provided said person has met the stated requirements of the commission for reinstatement.

History.-s. 6, ch. 57-347; s. 1, ch. 70-37; s. 136, ch . 71-377; s. 3, ch. 74-276; s. 3, ch. 76-168.


'489.061 Establishment certificates.-(!) It is the intent of the legislature that this

section is enacted for the protection of the public, by requiring that watches or clocks accepted or received for repair at places ofbusiness accepting or receiving watches or clocks for repair shall be repaired by a registered watchmaker in this state, if such repair is performed in this state.

(2) It is unlawful for any establishment which accepts or receives watches or clocks for repair, when such repair is not to be performed on the premises of said place of business by a registered watchmaker but when said watches or clocks are to be repaired by a watchmaker registered in this state located at another place of business, or when such watches or clocks are to be sent out of this state for repair, to .accept or receive watches or clocks for repair unless said place of business shall have been issued an establishment certificate.

(3) An establishment certificate shall be issued to an establishment which has made an application to the commission, which application shall be accompanied by a registration fee of not less than $10 and not more than $15, such fee to be established by the commission by rule or regulation.

(4) Said establishment certificate shall be at all times conspicuously displayed in the place of business so registered.

(5) Whenever it shall appear that any person in this state who is not a registered watchmaker in this state has been permitted to perform any function related to watchmaking, as defined in this chapter, in behalf of or for the benefit of any certified establishment, the license of such establishment shall be revoked or suspended by the commission.

(6) Whenever it shall appear that any person to whom a watch or clock has been sent for repair by a certified establishment, or who, while acting for or in behalf of or in furtherance of the interest of a certified establishment, has been guilty of any of the acts provided as grounds for revocation of a watchmakers' certificate ins. 489.02 or s. 489.09, the establishment certificate shall be revoked or suspended by the commission.

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(7) When_ever it s~all appea~ that any person connected With a certified establishment, including own~rs, partners, employees, or agents thereof, has obtamed, through error of the commission or fraud on the part ofthe holder of an establishment certificate, or if the holder is guilty of unethical conduct or has obtained or has sought to obtain, anything of value by fra~dulent representations in the acceptance or receipt of watches or clocks for repair the establishment certificate shall be revoked or' suspended by the commission.

(8) "Unethical conduct" shall include and mean any conduct of a character defined in s. 489.09(3).

(9) The commission shall not revoke or suspend any certificate of registration until the holder thereof ~hall have been given 30 days' notice in writing dehvered to the holder personally or by transmission to the holder by certified mail addressed at the address of the holder as shown on his certificate of ~egistration, enumerating the charges and specifyi~g the date and place for a hearing by the commisswn on ~uch charges. At such hearing, the holder of t~e certificate_ shall_have an opportunity to confront witnesses agamst him and to produce witnesses and othe~ evidence in r~buttal of such charges. Such hearmg shall be held m the county wherein the holder o_fthe certificate w:;ts employed or engaged in the busmess ofwatchmakmg at the time the offense was alleged to ~ave _been committed or in the county of the ~older s residence. A stenographic record of all h~armgs shall ~e ~ade and a transcript kept on file with the commiSSiOn. If the commission after such hearing, shall revoke or suspend the c~rtificate of registration, the commission shall make an order thereon to be entered among the records of the commission, which order shall become effective when ent~red among such records, but said order may be reviewed by proceedings in certiorari on the petition of the person whose certificate has been revoked or suspended to the circuit court of the county in which the hearing was held within 60 days after the date of the entry of such order by the commission.

(10) One whose certificate has been revoked may upon the expira~ion of 1 year after the entry of th~ order of revocatwn, apply to the commission for reregistrati~n , and, upon satisfactory proof that cause ?f ~evo~atwn_ no _longer exi::;ts, the commission may m its discretwn iSsue to said person a certificate of registration upon the payment of the fees herein required.

(11) The commission shall have authority, and shall make reasonable rules and regulations, to carry out the purposes of this section.

History.-s. 4, ch. 74-276; s. 3, ch. 76-i68. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1978.

~pprentice watchmakers shall pay to the commisswn a fee of $2 for each certificate of registration issued and for each annual renewal thereof

History.-s. 7, ch. 57-347; s. 3, ch. 76-168. 'Note.-Repealed by s. 3, ch. 76-i68, effective July i, i978.

1489.08 Public identification plan.-The commission shall include in its rules and regulations a plan a_nd proced~re. under which each watchmaking estabhshment withm the state may install a system of identification whereby each watch sold or repaired shall bear identifying marks as to the owner of the watch for purposes of identification. The commission is further authorized to establish and maintai~ a ~aster. filing system in. its headquarters in conJunctwn with such plan of identification and to cooperate with and assist the Department of Crimin_al Law Enforcement, other law enforcement agenCies and . th~ Dep3:rtment C?f Community Affairs by the furmshmg of mformatwn relative to identification of persons as well as to assist such agencies in any manner that shall be requested by such agencies in carrying out their duties in the enforcement of the law and in the protection of the lives and property of the people of this state.

History.- s. 8, ch. 57-347; s. 3, ch. 67-2207; ss. 18, 20, 35, ch. 69-i06; s. 3, ch . 76-i68; s. i , ch. 77-i74.

'Note.-Repealed by s. 3, ch. 76-i68, effective July i, i978.

1489.09 Revocation.-(!) The commission may revoke a certificate of

registration obtained through error of the commission or fraud on the part of the applicant or if the holder be grossly incompetent, guilty of unethical co~duct or has obtained or has sought to obtain anythmg of value by fraudulent representations in the practice of watchmaking. The commission shall not revoke any certificates of registration until the holder thereof shall have been given 30 days' notice in writing_ d~livered to the holder personally or by transmiSSiOn to the holder by registered mail addressed at the address of the holder as shown on his certificat_e ~f registration, enumerating the charges and speCi~Y1~g the date and place for a hearing by the commisswn on such charges. At such hearing the holder of the certificates shall have an opportunity to_ confront witnesses a~ainst him and to produce witnesses and other evidence in rebuttal of such charg~s . Such hearing shall be held in the county wherem the. holder of ~he certificate was employed o_r engaged m the busmess of watchmaking at the tlme the offense was alleged to have been committed or in the county of the holder's residence. A stenographic record of all proceedings of such hearing shall be made and a transcript kept on file with the commission. If the commission, after such hearing, shall revoke the certificate of registration the com-

1489.07 Apprentice watchmakers.-Any permission shall make an order thereon to be entered son o:'er the age ?f 16 years, of good character, ap- among the records of the commission, which order prentlced to a registered watchmaker in accordance shall become effective when entered among such with re~ulations established by the commission may records, but said order may be reviewed by proceedenga~~ m the tra~e of watchmaking under the su- ings in certiorari on the petition of the person whose perviswn of a registered watchmaker upon obtain- certificate has been revoked to the circuit court of mg from the COf!!mission a certificate of registration the county in which the hearing was held within 60 as a~ apprentice watchmaker, which certificate days a_ft~r the date of the entry of such order by the shall_ iSsue upon application on forms prepared and comm1sswn. furmshed b~ the commission and their completion (2) One whose certificate has been revoked may by the apphcant to the commission's satisfaction. upon the expiration of 1 year after the entry of th~

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order of revocation, apply to the commission for reregistration and upon satisfactory proof that cause of revocation no longer exists, the commission may in its discretion issue to said person a certificate of registration upon the payment of the fees herein required.

(3) "Unethical conduct" shall include and mean any conduct of a character likely to mislead, deceive or defraud the public; advertising of any character in which untruthful or misleading statements are made; advertising of prices on watch rep~iring or the giving of any watch or clock parts gratis or at less than cost with intent to deceive the public; performance of any service pursuant to such advertising; lending a certificate of registration to or permitting its use by any person; failure to display the certificate of registration conspicuously at all times as required by this chapter; representation that a watch has been cleaned unless its major parts, train wheels and mainspring have been disassembled and the cap jewels removed and all parts properly cleaned; performance of any work upon a watch or clock in an unworkmanlike or unskilled manner; the misrepresentation that certain services or parts are necessary or have been or will be used in the repair of a watch or clock when such services or parts are not necessary and have not been used in such repairs; employing directly or indirectly any unregistered watchmaker to perform any watchmaking or repairs on watches or clocks, or the noncompliance within 30 days with the directions given in any written notice from the commission to terminate the employment of or with any person who is violating the provisions of this chapter.

(4) Any watchmaker, watch repair center, or watch service center shall furnish, upon demand, an itemized statement of charges to a customer for services rendered. This statement of charges shall indicate the specific charges for labor and parts. Violation of, or noncompliance with, this subsection shall constitute "unethical conduct" as defined in subsection (3). The Florida Watchmakers' Commission shall suspend a certificate of registration of any individual who has been found in repeated violation of this subsection. Suspension shall be for a length of time to be determined by the commission.

History.-s. 9, cb. 57-347; s. 5, ch. 74-276; s. 3, ch. 76-168; s. 1, ch. 77-174. 'Note.-Repealed by s. 3, ch. 76-168, effective July 1, 1978.

1489.10 Legal services.-The Department of Legal Affairs shall be the legal advisor of the commission and shall represent the commission in all the courts and in all other legal matters affecting the commission. Upon application of the Department of Criminal Law Enforcement, duplicates of the entries for the master filing system as provided in s. 489.08 shall be furnished the said department by the commission.

History.-s. 10, ch. 57-347; s. 3, ch. 67-2207; ss. 11 , 20, 35, ch. 69-106; s. 3, ch. 76-168; s. 1, ch. 77-174.


1489.11 Penalties.-Any person who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.


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