Ch. 483 CLINICAL LABORATORY LAW Ch ... - …fall.fsulawrc.com/collection/FlaStat/FlaStat1975/vol2/FlaStat1975v...determi~e which tests may be performed on speci ... Ch. 483 CLINICAL

Ch. 483 CLINICAL LABORATORY LAW Ch. 483

CHAPTER 483

CLINICAL LABORATORY LAW

483.011 483.021

483.031 483.041 483.051

483.061 483.071

483.081 483.091 483.101

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

Short title. Declaration of policy and statement of pur-

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. Laboratory advisory council. 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.

483.011 Short title.-This chapter may be cited as "The Florida Clinical Laboratory Law."

History.-s. 1, ch. 67-248.

483.021 Declaration of policy and statement of purpose.-The purpose of this chapter 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 of their employees, the meeting of certain minimum standards, as well as certain other necessary safeguards as authorized by this chapter.

History.-s. 2, ch. 67-248.

483.031 Application of chapter; exemptions. -This chapter 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 duly li-

censed practitioners of the healing arts exclusively in connection with the diagnosis and treatment of their own patients; provided, 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 chapter shall apply. This exemption does not apply to a clinical laboratory operated by a practitioner of the 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.

483.041 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) "Division" means the Division of Health of 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 respon'sible supervision of duly licensed clinical laboratory personnel.

(5) "Clinical laboratory personnel" includes the 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 of Health and Rehabilitative Services].

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 chapter.

History.-s. 4, ch. 67-248; ss. 19, 35, ch. 69-106. 1Note.-The Division of Health was abolished and its functions assigned.

See s. 3(3), ch. 75-48. '} 'Note.-All advisory councils to the Department of Health and Rehabili

tative Services in existence prior to July l,l~75, were abolished. Sees. 29, ch.

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75-48.

483.051 Powers and rules of Department of Health and Rehabilitative Services.-The '[Department of Health and Rehabilitative Services] s~~ll adopt r_ules, to effectuate the purposes and proVISIOns of this chapter, which shall include but not be limited to, the following subject matter~:

(1) REGISTRATION AND LICENSING; QUALIFICATIONS.-The '[Department of Health andRehabilitative Services] shall register all clinical laboratories and license all clinical laboratory personnel meeting the requirements of this chapter, a~d. shall prescriJ;>e the qualifications necessary for chmcallaboratones to be registered and for clinical laboratory personnel to be licensed. Personnel quali~cations may require ~ppropriate education or expenence or the passmg of an examination in appropriate subjects or any combination of these· provided that practitioners of the healing arts li~ censed to practice in this state shall not be required to obtain any licenses under this chapter 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 o_f clinical laboratory personnel, for applicants reqmred to take an examination and for registration of clinical laboratory trainees who are subject to this chapter. 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 December 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 of2 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 perform-

a~c~ in the examination of specimens. As part of the chmcal laboratory evaluation program it may require clinical laboratory personnel to ~nalyze test samples submitted by it and report on the results of such analysis.

(7) SHIPMENT OF SPECIMENS; OUT-OFSTATE. LABO~ATORIES.-The '[department] may determi~e 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 ~x3:mination, when the st.ate ~n which the laboratory IS hcensed conducts physical mspection 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 chapter. 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 exist.ing ~lini~al labo~atories including plumbing, heatmg, hghtmg, 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, ~ewage, ~he hand~ing of specimens, and general hygiene which shall msure 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 ?fferi_ng educ~tion and training leading toward qualIficatiOn for hcensure under this chapter.

History.-s. 5, ch. 67·248; ss. 19, 35, ch. 69·106. 'Note.-See Note 1 followings. 483.041.

483.061 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 registration under this chapter for the purpose of studying and evaluating the operation, supervision, and procedures of such facilities and to determine their effect upon the health and safety of the people of this state.

History.-s. 6, ch. 67·248; ss. 19, 35, ch. 69·106. 'Note.-See Note 1 following s. 483.041.

483.071 Approval of employment of laboratory trainees.-The '[Department of Health andRehabilitative Services] shall approve clinical

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laboratories desiring to employ clinical laboratory trainees for training 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 chapter.

History.-s. 7, ch. 67-248; ss. 19, 35, ch. 69-106. 'Note.-See Note 1 followings. 483.041.

'483.081 Laboratory advisory council.-(1) The Division of Health shall appoint a Clini

cal Laboratory Advisory Council to advise it in the fulfillment of its responsibilities under this chapter, including the preparation of rules and the formulation of proficiency testing and other programs. The members of this council shall be entitled to receive per diem and traveling expenses, as provided by law for state employees, when attending called meetings. This council shall consist of five persons who shall be:

(a) A practitioner of the healing arts who is certified as a pathologist.

(b) A practitioner of the healing arts who is not a pathologist.

(c) A person who is defmed herein as clinical laboratory personnel and who is actively engaged in directing a clinical laboratory and is other than a practitioner of the healing arts.

(d) A person who is defined herein as clinical laboratory personnel and who is actively engaged in clinical laboratory work and is other than a practitioner of the healing arts.

(e) An administrator of a hospital licensed in this state.

(2) Members of the advisory council shall be appointed for 3-year terms which shall be staggered.

History.-s. 8, ch. 67-248; ss. 19, 35, ch. 69-106. • Note.-See Note 2 following s. 483.041.

483.091 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 transfer, voluntary or involuntary, nor shall a registration be valid 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 of this chapter and the rules promulgated hereunder.


483.101 Application for clinical laboratory registration.-Application for a clinical laboratory registration shall be made under oath, by the owner or operator of the clinical laboratory or public official responsible for the operation of a state, city or county clinical 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 pro-

cedures or one or more categories of such procedures.


483.111 Limitations on registration.-A regis" tration shall be issued to a clinical laboratory to perform only those clinical laboratory procedures and tests that 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 chapter and the rules promulgated hereunder.

History.-<!. 11, ch. 67-248; ss. 19, 35, ch. 69-106. 'Note.-See Note 1 followings. 483.041.

483.131 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.

483.141 Clinical laboratory personnel li· cense.-No person shall conduct a clinical laboratory examination or report the results of such examination unless he is licensed under this chapter 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.

History.-s. 15, ch. 67-248; ss. 19, 35, ch. 69-106. 'Note.-See Note 1 following s. 483.041.

483.151 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.


483.161 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, immunohematology, 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 charac-

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ter, training and ability to qualify in those areas for which the license is sought. Examinations required shall be given by the '[Department of Health and Rehabilitative Services].

History.-s. 16, ch . 67-248; ss. 19, 35, ch. 69-106. 'Note.--See Note 1 following s. 483.041.

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

(!) A clinical laboratory shall examine human specimens at the request only of a practitioner of the 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 chapter. 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.

History.-s. 18, ch . 67-248.

.183.191 Branch offices, representation of oth· er 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 wtih 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 chapter and the rules promulgated hereunder.

History.-s. 19, ch. 67-248; ss. 19, 35, ch. 69-106. 1Note.--See Note 1 following s . 483 .041.

483.201 Revocation and suspension of regis· trations.-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 of this chapter or the rules promulgated hereunder.

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

History.-s. 20, ch. 67-248; ss. 19, 35, ch. 69-106. 'Note.--See Note 1 following s. 483.041.

483.21 Revocation and suspension of licenses.-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 inc om peten t.

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

History.-s. 21, ch. 67-248; ss. 19, 35, ch. 69-106. ' Note.--See Note 1 following s. 483.041.

483.22 Revocation and suspension procedure.-The '[Department of Health and Rehabilitative Services] shall adopt rules governing the procedure to 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 of Health and Rehabilitative Services] that the public health, safety, or welfare is in imminent danger. Upon the revocation of a registration oflicense the holder thereof shall be required to surrender it. Upon his failure or refusal to do so, the '[Department of Health and Rehabilitative Services] shall have the right to seize it.

History.-s. 22, ch. 67-248; ss. 19, 35, ch. 69-106. 'Note.--See Note 1 followings. 483.041.

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483.23 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 chapter.

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

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

History.-s. 23, ch. 67·248; ss. 19, 35, ch. 69·106.

483.24 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 chapter 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.

483.25 Injunction.-The operation or maintenance of an unregistered clinical laboratory or the performance of any clinical laboratory procedures or operations in violation of this chapter 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 chapter, until compliance with the provisions of this chapter or the rules promulgated hereunder has been demonstrated to the satisfaction of the '[Department of Health and Rehabilitative Services].

History.-s. 25, ch. 67·248; ss. 19, 35, ch. 69·106. 'Note.-See Note 1 followings. 483.041.

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Ch. 484 DISPENSING OPTICIANS Ch. 484

CHAPTER 484

DISPENSING OPTICIANS

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

484.02 "Dispensing optician" defined. 484.03 Application for license; examination; oath. 484.04 State board to prepare examinations; fee. 484.05 State Board of Dispensing Opticians; mem-

bership, powers, duties. 484.06 Optical dispensing; unlawful acts. 484.07 When license not required. 484.08 License renewed annually; fee; state board,

compensation. 484.09 Unlawful practice. 484.10 State board; rules and regulations; occupa

tional licenses. 484.11 Application of law.

484.01 State Board of Dispensing Opticians; jurisdiction; scope of law.-There is hereby created within the Division of Occupations of the 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 devic-es.

History.- s. 1, ch. 25255, 1949; ss. 30, 35, ch. 69-106.

484.02 "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.

484.03 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

1(a) The applicant is more than 21 years of age. (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 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, or has practical training and experience of a grade and character satisfactory to the board for not less than 3 years under the supervision of a dispensing optician, a licensed physician, a licensed osteopath, or a licensed optometrist. However, any time spent in a recognized school shall be considered as part of the practical experience and training period provided 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 conspicu-

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ously 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.

Hlstory.-s. 3, ch. 25255, 1949; s. 1, ch. 71-209; s. 135, ch. 71-355. 'Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older. Note.-See s. 20.30(5) as to administrative functions that may be assigned

to the Bureau of Records Administration. Department of Professional and Occupational Regulation. cf.-s. 1.01 Definition of minor.

s. 743.07 Rights, privileges and obligations of persons 18 years of age or older.

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.

Hlstory.-s. 4, ch. 25255, 1949; s. 2, ch. 71-209. Note.-See s. 20.30(5) as to administrative functions that may be assigned

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

484.05 State Board of Dispensing Opticians; membership, powers, duties.-There is hereby created the State Board of Dispensing Opticians which said board shall supervise the practice of dispensing opticians and enforce the provisions of this chapter and which said board shall be composed of five licensed dispensing opticians, each of whom shall be a resident of the state who has been engaged in the practice of dispensing optician in said state for not less than 5 years preceding the time of his appointment. The members of said board shall be appointed by the Governor of the state and each such appointee shall hold office for a period of 4 years, or 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 ofprac-

tice 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.

Hlstory.-s. 5, ch. 25255, 1949; s. 3, ch. 71-209. Note.-See s. 20.30(5) as to administrative functions that may be assigned

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

484.06 Optical dispensing; unlawful acts.-It shall be unlawful for any person, partnership or corporation to offer any gift or premium or discount in any form or manner in conjunction with the practice of optical dispensing, or to advertise either directly or indirectly 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; to advertise in any manner that would tend to mislead or deceive the public; to solicit patronage by advertising that he or some other person or group of persons possess better qualifications or are best trained to perform the service or to render any service connected with optical dispensing. This section is passed in the interest of public safety, health and welfare and its provisions shall be liberally construed to carry out its objectives and purposes.

Hlstory.-s. 6, ch. 25255, 1949.

484.07 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.

484.08 License renewed annually; fee; state board, compensation.-Annually on or before July 1, each and every licensed dispensing optician shall pay to the secretary of the State Board of Dispensing Opticians a sum to be fixed annually by said board

607


of not less than $10 nor more than $40, as a renewal of the license fee. Should any licensed dispensing optician fail to pay said fee after notice from the secretary by registered mail, and continue to practice optical dispensing, he shall be punished in the same way as provided in this chapter for misdemeanors. 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 in s. 112.061, from place of their residence to place of meeting and return; the secretary-treasurer 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. 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. The secretary-treasurer, before assuming the duties of his office, shall 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 of s. 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. The secretarytreasurer of the board shall make an annual report to the Governor of the state on or before June 10, of each year, which report shall contain a report of all moneys received and disbursed pursuant to this chapter.

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.

Note.---See s. 20.30(5) as to administrative functions 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.

484.09 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 of the second degree, punishable as provided in s. 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.

484.10 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 ofthe 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 person, 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. Note.---See s. 20.30(5) as to administrative functions that may be assigned


484.11 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, l1 Y,, ch. 25255, 1949.

608

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 of Health and Rehabilitative

Services 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. 1Note.-The Division of Health was abolished and its functions assigned.

See s. 3(3), ch. 75-48.

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].

History.-s. 2, ch. 14760, 1931; CGL 1936 Supp. 3403(2); ss.19, 35, ch. 69·106. 'Note.--See Note followings. 485.011. Note.-Former s. 457.02.

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 21 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 2[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 2 [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 skilled and competent and establish the fact that she is reasonably skilled and competent to the satisfaction of the 2[department]; or

(c) Present other evidence satisfactory to the 2 [department] showing her qualifications, and

(5) Present evidence satisfactory to the 2 [depart-

ment] of good moral character in such form as the 2[department] by rule and regulation may prescribe.

History.-s. 3, ch. 14760, 1931; CGL 1936 Supp. 3403(3); ss. 19, 35, ch. 69·106. 'Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older. 'Note.--See Note followings. 485.011. Note.-Former s. 457.03.

cf.-s. 1.01 Definition of minor. s. 743.07 Rights, privileges and obligations of peraons 18 years of age or

older.

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 of Health and Rehabilitative Services 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.

History.-s. 5, ch. 14760, 1931; CGL 1936 Supp. 3403(5); ss. 19, 35, ch. 69-106. 'Note.--See Note following s. 485.011 . Note.-Former s. 457.05.

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.

History.-s. 6, ch. 14760, 1931; CGL 1936 Supp. 3403(6); ss. 19, 35, ch. 69-106. 'Note.--See Note followings. 485.011. Note.-Former s. 457.06.

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 oflicense 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. 'Note.--See Note followings. 485.011. Note.-Former s. 457.07.

485.081 Midwives to practice in normal cases only.-A duly licensed and registered midwife may practice midwifery in cases of normal labor and in no others. No midwife shall in any case use instruments

609

Ch. 485 MIDWIFERY Ch. 485

of any kind, or assist labor by any artificial, forcible or mechanical manner or attempt to remove adherent 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.

Hlstory.-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 ins. 775.083.

Hlstory.-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.

610

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."

History.-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.

History.-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 20 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. *Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older. cf.--s. 1.01 Definition of minor.


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.

History.-s. 4, ch. 57-67; s. 2, ch. 73-354. Note.-See s. 20.30(5) as to administrative functions that may be assigned


486.051 Examination of applicants.-(!) 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

611


board. Examination of applicants for licensing as physical therapists shall be made by the State Board of Medical Examiners according to the methods deemed by it to be most practical and expedient to tes~ the applicant's qualifications, including oral and wntten tests and practical demonstrations. In the written ~ests each applicant shall be designated by a number ~nstead of by name so that his identity shall not be disclosed to the members of the board until after the examination papers are graded. Examination~ shall b~ given in the following subjects: the apphed science~ ?f anatomy, physiology, neur?anatomy, kmeswlogy, psychology, physics, physic~l.therapy as defined in this chapter, applied to _med1cme, 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 ~oard shall employ three registered physIcal 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 m~chanics and procedures necessary to effectuate this chapter. The board shall fix their compensation a~d pay their expenses; no registered physical therapist shall serve more than 2 successive terms, provided, however, that the registered physical therapists p_resently ~o emplo:yed shall serve until the expiratlO~ oftheir 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 g_eographical ~reas and persons who are representational of vanous areas of physical therapy treatment.

History.-s. 5, ch. 57-67; s. 24, ch. 6I-5I4; 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.


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

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.

~86.072 Disposition of fees.-All moneys recen:ed 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. 6I-5I4. Note.-See s. 20.30(5) 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 reve· nue fund; appropriation.

. 486.081 . Iss'!ance of licenses to persons passIng exam1na~10n of certain ot~er examining ~oards; pe~mits.-The board may hcense as a physI~al th~rapist and furnish a certificate of registration without examination to any applicant who presents evidence, satisfactory to the board, of havmg pas.sed an ex3:~ination before a similar lawfully authonzed exammmg board in physical therapy of anoth~r state, the J?istrict of Columbia, a territory or a for~Ign country~ If the standards for registration in physical therapy m such other state district territory or fo~eign country are determined by the hoard to be as high ~s those of this state. Any person who holds a certificate of registration and a license pursuant to this section may use the words "physical then;tpi~;," ",l,ice~sed physical therapist," "physiotherapist, or registered physical therapist," and he may use the letters "P.T.," "L.P.T.," "Ph.T. " or "R.~.T. ," in connection with his name or pla~e of busmess to denote his registration hereunder. If the board dete:mi~es that the ~;tPPlicant has not passed such ~xammatwn as to entitle him to a license and a certificate of registration without examination the board_ may, if it determines the applicant possesses suffi~Ient 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

486 061 1 f t"fi t 1

ex_amination provided for by this chapter. The per-.· ss'!an~e 0 cer 1 lea es to app icants mit shall be valid until notification of the results of

passmg exammatiOns.-The board shall register as a physical therapist and shall furnish a certificate examination, but not for a longer period of time. At of reg~strati<?n t? .e~c.h applicant who successfully the time of making application for licensure without estabhshes his ehgibihty under the terms of this law, examination, pursuant to the terms of this section a_nd any person who holds a certificate of registra- the applicant shall pay to the board a fee of $35 n~ bon pursuant to this section may use the words part of which shall be returned. " h · 1 th · " " h h History.-s. 8, ch. 57-67; s. 7, ch. 67-537; s. 5, ch. 73-354.

p YSICa erapist, p ysiot erapist," or "regis- Note.-See s. 20.30(5) as to administ~ative functions that may be assigned tered physical therapist," and he may use the letters to the Bureau of Records Adm1mstratwn, Department of Professional and "P T " nph T " UR p ' Occupatwnal Regulation . . . , .. , or .. T.,' in connection with his name or place of business to denote his registration 486 hereunder. .~91 ~efusal, revocation and suspension

History.-s. 6, ch. 57-67; s. 5, ch. 67-537. ~f reJp_stration.-The board, after registered notice Note.-See s. 20.30(5) as to administrative functions that may be assigned m wntmg to the party in interest, shall hold a hear

to the Bureau of Records Admm1stratwn, Department of Professional and ing within 30 days after the mailing of said notice,

612


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.-It 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.



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 deter- · mined 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 h~reunder.



486.107 Physical therapist assistants; issuance 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-

613


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 of the 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.-s. 15, ch. 67-537; s. 11, ch. 73-354. Note.-See s. 20.30(5) as to administrative functions tha t may be assigned

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

486.121 Powers and duties of Board of Medical Examiners.-The State Board ofMedical 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.-s. 12, ch. 57-67. Note.-See s. 20.30(5) 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; provided, however, that annual registration of any person holding a certificate of registration to practice physical therapy pursuant to this chapter shall be made with the '[Department of Health and Rehabilitative Services] as prescribed in s. 381.401.

History.-s. 13, ch. 57-67; s. 7, ch. 61-129; ss. 19, 35, ch. 69-106. 'Note.-Bracketed language substituted for "Division of Health of the De

partment of Health and Rehabilitative Services." See s. 3(3), ch. 75-48.

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.-s. 14, ch. 57-67; s. 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.- s. 15, ch. 57-67; s. 438, ch. 71-136.

486.161 Exemptions.-No prov1s1on 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.-s. 16, ch. 57-67; s. 2, ch. 65-170.

486.171 Current valid certificates effective.(!) 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.


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Ch. 487 FLORIDA PESTICIDE LAW Ch. 487

CHAPTER 487

FLORIDA PESTICIDE LAW

487.011 Short title. 487.021 Definitions. 487.031 Prohibited acts. 487.041 Registration. 487.042 Restricted pesticides; rules, permits, li-

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

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 artifically accelerate the drying of plant tissue.

(2) "Added ingredient" mearis 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 artifically 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.

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(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 of this 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 the retail 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.

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(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, if there 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;

617


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 person 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, unless the person to whom sale is made, or his agent to whom .delivery is made, signs a 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 2 [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 2[Department of Health and Rehabilitative Services,] when emergency use is authorized, shall file with the Department of3[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 3[Environmental Regulation] an annual report for each calendar year, not later than March 1 of the following year, ofthe 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 '[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.

Hlstory.-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.

'Note.-"Or" substituted for "and" by the editors. 2 Note.-Bracketed language substituted for "Division of Health of the De

partment of Health and Rehabilitative Services." See s. 3(3), ch. 75-48. 'Note.-Bracketed language substituted for "Pollution Control." See s. 8,

ch. 75-22.

487.041 Registration.-( I) 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 and every brand in excess thereof. All registrations

618


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 agri-

cultural 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 oftolerances 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

619


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 (0. 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 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 '[Environmental Regulation], the Department of Natural Resources, the Game and Fresh Water Fish Commission, and the 2 [Department of Health and Rehabilitative Services]; and a member representing the pesticide industry. The "[Department ofEnvironmental Regulation], the Department of Natural Resources, the Game and Fresh Water Fish Commission, and the 2[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 ofthe 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 effective 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. 1, ch. 65-457; s. 1, ch. 69-93; ss. 14, 35, ch. 69-106; s. 133, ch. 73-333.

'Note.-See Note 3 following s. 487.031. 'Note.-See Note 2 following s. 487.031. 'Note.-Bracketed language substituted for "Pollution Control Board." See

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s. 8, ch. 75-22.

487.071 Enforcement, inspection, sampling and analysis.-

(!) 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 provisions 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.-

( I) 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 with such notice itself or permitting the same to be

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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.

Hlstory.-s. 1, ch. 65457; 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.

Hlstory.-s. 1, ch. 65457; 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.

Hlstory.-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 regulation adopted hereunder, such injunction to be issued without bond. A single act in violation of the

provisions of this chapter shall be sufficient to authorize the issuance of an injunction.

Hlstory.-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."

Hlstory.-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.

Hlstory.-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 micro-organism 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 motorized, mechanical, or pressurized power used to apply any pesticide on land and on anything that may be

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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 micro-organism except viruses, bacteria, or other micro-organisms 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 or subclassifications of commercial, private, and public applicators and prescribe methods to be used

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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 of the 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.

Hlstory.-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, 1976, 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· cb) 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 require 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 ofTransportation 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 has a duly appointed resident agent upon whom process may be served as provided by law shall not

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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.

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 hu

man 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 be 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 concerned parties of its findings. If the findings reveal

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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 of law, 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.

Hlstory.-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.

Hlstory.-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.

Hlstory.-s. 12, ch. 74·247; s. 6, ch. 75·178. 1Note.-Bracketed words substituted for "Any person using."

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 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. 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

626


records 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.

Hlstory.-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 ofthe 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. *Note.-Bracketed words added by editors to correct apparent omission.

487.166 Application of law.-(1) 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.

(2) Rules and regulations may be promulgated by the department by January 1, 1975.

(3) Licenses for certified applicators shall not be issued prior to January 1, 1976.

(4) No person shall apply restricted pesticides after October 21, 1976, unless he is licensed as a certified applicator.

History.-ss. 19, 20, ch. 74-247.

627

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 ofthis 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 of Highway 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 ofthe 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.

628

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.-(!) 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.

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 of business 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.

History.-s. 2, ch. 57-347; s. 2, ch. 74-276.

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 of 2 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 of this 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 ex-

629

Ch. 489 FLORIDA WATCHMAKERS' COMMISSION Ch. 489

pended pursuant to the provisions of s. 215.37. All 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. cf.-s. 215.37 Examining and licensing boards to be financed from fees collect

ed; moneys de;>osited in trust funds; 10 percent to general revenue fund; appropriation.

*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 19 years of age, and shall have served an apprenticeship of 18 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 within the state in operation on June 6, 1957, shall be given a reasonable time within which to meet the requirements fixed by the commission.

Hlstory.-s. 4, ch. 57-347. *Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older . cf.- s. 1.01 Definition of minor.

s. 743.07 Rights, privileges and obligations of persons 18 years of age or older .

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.

Hlstory.-s. 5, ch. 57-347.

489.06 Registration.-(!) 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.

Hlstory.-s. 6, ch. 57-347; s. 1, ch . 70-37; s. 136, ch. 71-377; s. 3, ch. 74-276.

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 estab-

630


lishment certificate shall be revoked or suspended by the commission.

(7) Whenever it shall appear that any person connected with a certified establishment, including owners, partners, employees, or agents thereof, has obtained, through error of the commission or fraud on the part of the 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 fraudulent 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 shall have been given 30 days' notice in writing delivered 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 registration, enumerating the charges and specifying the date and place for a hearing by the commission on such charges. At such hearing, the holder of the certificate shall have an opportunity to confront witnesses against him and to produce witnesses and other evidence in rebuttal of such charges. Such hearing shall be held in the county wherein the holder of the certificate was employed or engaged in the business of watchmaking at the time the offense was alleged to have been committed or in the county of the holder's residence. A stenographic record of all hearings shall be made and a transcript kept on file with the commission. If the commission, after such hearing, shall revoke or suspend the certificate of registration, the commission shall make an order thereon to be entered among the records of the commission, which order shall become effective when entered 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 expiration of 1 year after the entry of the 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.

(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.

489.07 Apprentice watchmakers.- Any person over the age of 16 years, of good character, apprenticed to a registered watchmaker in accordance with regulations established by the commission may engage in the trade of watchmaking under the supervision of a registered watchmaker upon obtaining from the commission a certificate of registration as an apprentice watchmaker, which certificate shall issue upon application on forms prepared and furnished by the commission and their completion

by the applicant to the commission's satisfaction. Apprentice watchmakers shall pay to the commission a fee of $2 for each certificate of registration issued and for each annual renewal thereof

History.-s. 7, ch. 57-347.

489.08 Public identification plan.-The commission shall include in its rules and regulations a plan and procedure under which each watchmaking establishment within 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 maintain a master filing system in its headquarters in conjunction with such plan of identification and to cooperate with and assist the Department of '[Criminal] Law Enforcement, other law enforcement agencies and the Department of Community Affairs by the furnishing of information 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. 69-106. 1Note.-The Department of Law Enforcement was effectively replaced by

the Department of Criminal Law Enforcement created by ch. 74-386.

489.09 Revocation.-(1) 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 conduct or has obtained or has sought to obtain anything 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 delivered to the holder personally or by transmission to the holder by registered mail addressed at the address of the holder as shown on his certificate of registration, enumerating the charges and specifying the date and place for a hearing by the commission on such charges. At such hearing the holder of the certificates shall have an opportunity to confront witnesses against him and to produce witnesses and other evidence in rebuttal of such charges. Such hearing shall be held in the county wherein the holder of the certificate was employed or engaged in the business of watchmaking at the time 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 commission shall make an order thereon to be entered among the records of the commission, which order shall become effective when entered among such records, but said order may be reviewed by proceedings in certiorari on the petition of the person whose certificate has been revoked 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.

(2) One whose certificate has been revoked may,

631


upon the expiration of 1 year after the entry of the 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 repairing 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, ch. 57-347; s. 5, ch. 74-276. *Note.-"Suspend" substitu ted for " revoke" and "suspension" substituted

for "revocation."

489.10 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. ' Note.-See Note followings. 489.08.

489.11 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.

History.-s. 11, ch. 57-347; s . 442, ch. 71-136.

632

Ch. 490 FLORIDA PSYCHOLOGICAL PRACTICE ACT Ch. 490

CHAPTER 490

FLORIDA PSYCHOLOGICAL PRACTICE ACT

490.12 Short title. 490.13 Objects and purposes of chapter. 490.14 Definitions and application. 490.15 Board of Examiners of Psychology; mem

bership, duties, powers, etc. 490.16 Meetings of the board; expenses of mem-

bers. 490.17 License required. 490.18 Application for examination. 490.19 Qualifications of applicants for examina

tion; examination of applicants; subjects, etc.

490.20 Licenses; license certificates. 490.21 Certificate to be displayed. 490.22 Licensing under special conditions. 490.23 Exemptions. 490.24 Person certified under prior laws. 490.25 Renewal of licenses. 490.26 Refusal to grant or renew licenses; revoca

tion, suspension, reinstatement; civil penalties.

490.27 Authority to enjoin violations; temporary restraining orders; investigations.

490.28 Report to Governor and state psychological association.

490.29 Records are prima facie evidence. 490.30 Disposition of fees; expenditures. 490.31 Penalties. 490.32 Psychologists as witnesses; nondisclosure of

communications. 490.33 Construction as to licensee's authority to

practice medicine.

490.12 Short title.-This chapter shall be known as the "Florida Psychological Practice Act."

History.-s. 1, ch. 70-294.

490.13 Objects and purposes of chapter.-The practice of psychology is declared to be a profession affecting the public welfare and subject to regulation and control in the public interest. The profession of psychology must merit and receive the confidence of the public, and only qualified psychologists must be permitted to practice the profession of psychology in the state. All provisions of this chapter relating to the practice of psychology shall be liberally construed to carry out these objects and purposes.

History.-s. 2, ch. 70-294.

490.14 Definitions and application.-(!) A person represents himself to be a psycholo

gist when he holds himself out to the public by any title or description of services incorporating the word "psychology," "psychologist," or "psychological" or offers to render or renders psychological services to individuals, groups, organizations, or the public.

(2) The practice of psychology and the rendering of psychological services within the meaning of this chapter is defined as rendering to individuals, groups, organizations, or the public any service involving the application of principles, methods, and procedures of understanding, predicting and influ-

encing behavior. Included are the principles pertaining to learning, perception, motivation, thinking, emotion, and interpersonal relationships.

(3) Psychologists licensed under this chapter may, within the limits of their individual competence and preparation, apply the methods and procedures of interviewing and counseling and the methods and procedures of constructing, administering, and interpreting tests of mental abilities, aptitudes, interests, attitudes, personality characteristics, and motivations. The application of such principles, methods, and procedures includes, but is not restricted to psychological diagnostic assessment, prevention and amelioration of adjustment problems and behavioral disorders of individuals and groups, psychological hypnosis, educational and vocational counseling, personnel selection and management development, evaluation and planning for effective work and learning situations, advertising and market research, the resolution of interpersonal and social conflict, lecturing on or teaching of psychology, and the design and conduct of psychological research.

(4) Nothing in this chapter shall be construed to limit or obstruct the practice of other recognized businesses and professions or to prevent qualified members of other professional groups from doing work of a psychological nature consistent with their training and with any code of ethics of their respective professions designed for the protection of the public if they do not hold themselves out to the public by any title or description incorporating the words "psychological," "psychologist," or "psychology."

History.-s. 3, ch. 70-294.

490.15 Board of Examiners of Psychology; membership, duties, powers, etc.-

(1) There is created the Florida State Board of Examiners of Psychology, hereinafter referred to as the board, with duties and powers as hereinafter defined and provided.

(2) The board shall consist of five licensed psychologists appointed by the Governor for terms of 4 years, provided the members of the Florida State Board of Examiners of Psychology serving under the provisions of chapter 490 on July 1, 1970, shall continue in office as members of the board until their respective terms expire or are otherwise terminated. The board shall organize by electing a president, a vice president, and a secretary. All appointments to fill vacancies created other than by expiration of a term shall be for the unexpired term, and all terms shall expire on December 31 of the last year of the term.

(3) On or before December 1 of each year, the Florida Psychological Association shall nominate three candidates from among its membership, who shall be licensed psychologists, for the next occurring vacancy on the board, and from these nominees, when regularly submitted and certified by the president and secretary of the association, the Governor may make his appointment for the vacancy or vacan-

633


cies occurring in the board. Each appointee to the board shall, before entering upon the discharge of his official duties, take the oath of office prescribed by the Constitution for officers of the state.

(4) The board may employ agents, an attorney, clerical help, and others for the proper conduct of the office and for such other purposes as may be deemed necessary.

(5) The president of the board shall preside at all meetings, and in his absence or inability to preside the vice president shall so act. In their absence or inability to preside, the remaining member who was first appointed to the board shall so act.

(6) The secretary of the board shall be the executive officer in charge of the board's office. He shall receive a salary to be fixed by the board. He shall make, keep, and be in charge of all records and record books required to be kept by the board, attend to the correspondence of the board, mail to each applicant for registration by examination a notice stating whether or not the applicant has satisfactorily passed the examination, and perform such other duties as the board may require, in keeping with the office of secretary. He shall receive and give a receipt for all fees collected under this chapter.

(7) The secretary of the board shall furnish a bond, in an amount to be fixed by the board, conditioned upon the faithful performance and discharge of the duties of the office according to law.

(8) The board is authorized to make such rules and regulations not inconsistent with law as may be necessary to carry out the duties and authority conferred upon the board by this chapter and as may be necessary to protect the health, safety and welfare of the public. The board may, by rule or regulation, adopt, amend or repeal rules of professional ethics appropriate to the establishment and maintenance of a high standard of integrity and dignity in the profession.

History.-ss. 4, 16, ch. 70-294.

490.16 Meetings of the board; expenses of members.-The board shall hold meetings for the examination of applicants for a license as a psychologist and for the transaction of such other business as may legally come before it at least twice in each calendar year, and shall hold such additional meetings as may be deemed necessary by the president of the board. Three members shall constitute a quorum for the transaction of business. Due notice of all meetings shall be given at least 30 days in advance of the meetings. Publication of the time and place of meetings in the journal of the Florida Psychological Association or in any newspaper, magazine, or other periodical in general circulation to Florida psychologists, or written notice by the secretary to the me_mbers of the board and to others who have filed w1th the secretary of the board a written request for the notice, of the time and place of meetings, shall constitute due notice. Each member of the board shall be paid compensation not to exceed $35 per day for actual expenses incurred incident to attendance at board meetings or to the performance of other duties as a member of the board, and, in addition, shall be

reimbursed for traveling expenses as provided in s. 112.061.

History.-s. 5, ch. 70-294; s. 1, ch. 74-354.

490.17 License required.-It shall be unlawful for anyone to practice psychology in the state without first procuring a license and license certificate in accordance with the provisions of this chapter.

History.-s. 10, ch. 70-294.

490.18 Application for examination.-All applications for examination as a psychologist shall be made on a form to be supplied by the board and filed with the secretary of the board at least 90 days before any meeting of the board at which examinations are to be held. Each application shall be accompanied by an examination fee of$100. No examination fee shall be refundable. '


490.19 Qualifications of applicants for examination; examination of applicants; subjects, etc.-

( I) The board shall examine by written or oral examination, or both, under such rules and regulations as the board may prescribe, every applicant for examination as a psychologist who has paid the fees specified in s. 490.18 and satisfied the board that he:

(a) Is of good moral character; (b) Conforms to the ethical standards of the pro

fession as adopted by the board; '(c) Is a citizen of the United States or has legally

declared his intention to become one; (d) Has received a doctoral degree with a major

in psychology from a university that has a program approved by the American Psychological Association or has received a doctoral degree in psychology from a university maintaining a standard of training comparable to those universities having programs approved by the American Psychological Association;

(e) Has had at least 2 years' or 4,000 hours' fulltime experience in the field of psychology in association with, or under the supervision of, a psychologist meeting the academic and experience requirements of this chapter. No more than 1 year of predoctoral experience may be utilized in satisfying the experience required.

(2) Examination papers shall be designated by number and not by name of applicant, so that the identity of the applicant will not be disclosed to members of the board until after the examination papers are graded.

(3) A list of subjects in which examinations are to be given will be available upon request.

(4) The minimum passing grade shall be established by the board.

(5) All examination papers shall be filed with the secretary of the board who shall make a record of the grade of each applicant on each subject, and the grade shall be a part of the examination papers which shall be preserved for 2 years.

History.-s. 7, ch. 70-294. 'Note.-Chapter 74-37 provides that no person may be disqualified from

practicing an occupation or profession regulated by the state solely because

634


he is not a United States citizen.

490.20 Licenses; license certificates.-If an applicant makes a passing grade on the examination for psychologists, he shall be granted a license by the board, and a license certificate signed by a majority of the board shall be issued, which certificate shall be evidence of his right to practice psychology. Any applicant failing to pass the examination shall be entitled to a reexamination upon the payment of an additional fee of$40 for the psychology examination, but two such reexaminations shall exhaust the privilege under the original application.

History.-s. 8, ch. 70.294; s. 3, ch. 74-354.

490.21 Certificate to be displayed.-Each person to whom a certificate is issued by renewal, upon examination, or by reissue of the board shall keep the certificate conspicuously displayed in his office or place of business and shall, whenever required, exhibit the certificate to any member or authorized representative of the board. It is unlawful for any licensing agency, either state, county, or municipal, to issue an occupational license to any person to practice psychology unless the applicant therefor shall first exhibit to such official a current license issued by the board showing the applicant is qualified in all regards to practice psychology in accordance with the terms of this chapter.

History.-s. 9, ch. 70-294.

490.22 Licensing under special conditions.(1) The board may waive the examination for ap

plicants who have been recognized as diplomates in a field of psychology by the American Board of Professional Psychology, and such applicants shall be entitled to the issuance of a license and license certificate upon payment of the fees provided ins. 490.18.

(2) The board may waive the examination for applicants who present proof of current certification or license in a state which has standards at least equal to those for licensure in Florida, and such applicants are entitled to receive a license and license certificate upon payment of the fees provided for in s. 490.18.

Hlstory.-s. 11, ch. 70.294.

490.23 Exemptions.-(!) Nothing in this chapter shall be construed to

restrict or prevent activities of a psychological nature on the part of:

(a) Psychologists who are salaried employees of accredited academic institutions, governmental agencies, and research institutions if such employees are performing those duties for which they were hired and are performing those duties solely within the confines of such organization. .

(b) Psychologists who are salaried employees of accredited academic institutions, governmental agencies, and research institutions who consult, offer their findings, or provide scientific information to other such accredited academic institutions, governmental agencies, and research institutions for a fee, monetary or otherwise. Such persons may also offer lectures to the public for a fee, monetary or otherwise. However, psychologists who are salaried employees of accredited academic institutions, gov-

ernmental agencies, or research institutions must be licensed under the provisions of this chapter if they are providing psychological services to the public for considerations over and above the salary that they receive for the performance of their regular duties with such organizations.

(2) Nothing in this chapter shall be construed as restricting the activities and services of a graduate student or psychological intern in psychology pursuing a course of study leading to a graduate degree in psychology at a college or university and working in a training center if these activities and services constitute a part of his supervised course of study and such persons are designated by such title as "psychological intern," "psychological trainee," or other such title clearly indicating the training status appropriate to his level of training. The term "psychological intern," however, shall be reserved for persons enrolled in the doctoral program in psychology at a college or university.

(3) Nothing in this chapter shall be construed as restricting a psychologist from another state offering his psychological services in this state if such services are performed for no more than 5 days in any calendar year. However, a psychologist who is not a resident of this state but:

(a) Is licensed or certified by a similar board of another state or territory of the United States or of a foreign country or province whose standards at the date of his certification or licensure, in the opinion of the board, are equivalent to or higher than the requirements of this chapter, or

(b) Meets the training and experience requirements stated ins. 490.19 and resides in another state or territory ofthe United States or a foreign country or province which does not grant a certification or license to psychologists, or

(c) Has been granted a diploma of the American Board of Professional Psychology,

may offer professional psychological services in this state for a total of not more than 30 days in any calendar year without being licensed under this chapter.

(4) Nothing in this chapter shall be construed as restricting the use of the term "social psychologist" by any person:

(a) Who has been graduated with a doctoral degree in sociology or social psychology from an educational institution offering accredited courses in sociology or social psychology,

(b) Who has passed comprehensive examinations in the field of social psychology as part of the requirement for the doctoral degree or has had equivalent specialized training in social psychology, and

(c) Who has filed with the board a statement of the facts demonstrating his compliance with the conditions expressed in paragraphs (a) and (b).

However, if such a "social psychologist" offers psychological services or holds himself out to the public as practicing psychology as defined in this chapter, he must be licensed under the provisions of this chapter.

History.- s. 12, ch. 70-294.

635

Ch. 490 FLORIDA PSYCHOLOGICAL PRACTICE ACT

490.24 Person certified under prior laws.All persons heretofore certified as psychologists in Florida according to the provisions oflaw existing at the time of such certification shall be deemed to be licensed as psychologists under the provisions of this chapter.

History.--s. 13, ch. 70-294.

490.25 Renewal of licenses.-(1) Every person lawfully engaged in the practice

of psychology on July 1, 1970, and every person hereafter duly licensed to practice psychology shall, on or before January 1 of each year, apply to the secretary of the board for a license certificate upon a blank form to be furnished by the secretary and shall pay at that time a renewal fee, not to exceed $50, with the exact amount to be determined by the board each year. The license of any psychologist who fails or neglects to renew his license by January 1 of any year as required herein shall be automatically suspended until such time as the psychologist shall register and pay the regular annual fee plus a delinquency fee of $20 for each year or fraction thereof that he fails to register.

(2)(a) The secretary of the board, on or before October 1 of each year, shall mail or cause to be mailed to each licensed psychologist a blank form of application for registration addressed to the last known post-office address of such psychologist.

(b) Every psychologist licensed under the provisions of this chapter shall be responsible for keeping on file with the secretary of the board his latest mailing address. The address on file shall be considered correct for the purposes of this subsection.

(3) The secretary shall issue to any duly licensed psychologist in this state upon his application therefor, in accordance with the provisions hereof, a renewal certificate under the seal of the board for the 1 year ensuing and ending December 31.


490.26 Refusal to grant or renew licenses; revocation, suspension, reinstatement; civil penalties.-

(1) The board may refuse to grant or renew, or may revoke or suspend, a license on any of the following grounds:

(a) Use of fraud or deception in applying for a license or in taking the examination required by this chapter.

(b) Practice of psychology under a false or assumed name, impersonation of a licensed psychologist of like or different name, or permitting an unlicensed person to practice psychology in the name of the licensee or to use his license for that purpose.

(c) Conviction of a felony or any offense which, if committed in this state, would constitute a felony under the laws of Florida.

(d) Habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to impair the performance of professional duties.

(e) Violations of any provision of this chapter or rule, regulation, or code of ethics promulgated by the board, or failure to comply with a cease and desist order.

(f) Negligence or misconduct in the performance

of his professional duties as a licensed psychologist. (2) In lieu of the suspension or revocation of li

censes or permits, the Florida State Board of Examiners of Psychology, after notice and hearing, may impose a civil penalty against any licensee for violation ofthis chapter or any rule or regulation promulgated by the board. No penalty so imposed shall exceed $500 for each count or separate offense, and all penalties imposed and collected shall be deposited with the State Treasurer to the credit of the General Revenue Fund.

(3) The board shall not refuse to grant, and shall not revoke or suspend, the license of any person for any of the foregoing reasons until after a hearing of the charges against the accused, which shall be public unless the accused requests a private hearing thereon, after giving at least 30 days' prior written notice to the accused of the charges against him and of the date fixed for such hearing. The written notice shall be mailed by certified or registered mail to the accused's last known address, but the accused's failure to appear shall not prevent or invalidate such hearing or any action taken by the board at such meeting. Every action of the board in refusing to issue a license or suspending or revoking a license pursuant to this section shall be subject to review by appeal to a court of competent jurisdiction in this state.

(4) Application may be made to the board for reinstatement at any time after the expiration of 1 year from the date of the refusal to grant or renew, or the revocation or suspension of, a license. The application shall be in writing. The board shall not reinstate any applicant unless satisfied that he is competent to engage in the practice of psychology and has paid a reinstatement fee of $100, and if it deems it necessary for such determination, the board may require the applicant to pass an examination.

History.- s. 15, ch. 70-294; s. 5, ch. 74-354.

490.27 Authority to enjoin violations; temporary restraining orders; investigations.-

(!) If it appears that a person has engaged, or is about to engage, in an act or practice constituting a violation of a provision of this chapter or a rule or order hereunder, the board, with or without prior administrative proceedings, may bring an action in the circuit court to enjoin the acts or practices and to enforce compliance with this chapter or any rule or order hereunder. Upon proper showing, injunctive relief or temporary restraining orders shall be granted. The board is not required to post a bond in any court proceedings.

(2) If the board determines after notice and hearing that a person has violated any provision of this chapter or any lawful order or rule of the board, it may issue an order requiring the person to cease and desist from the unlawful practice and take such affirmative action as in the judgment ofthe board will carry out the purposes of this chapter.

(3) If the board makes a finding offact in writing that the public interest will be irreparably harmed by delay in issuing an order, it may issue a tempo~ rary cease and desist order. Prior to issuing the cease and desist order, the board, whenever possible, by telephone or otherwise, shall give notice of the proposal to issue a temporary cease and desist order to

636

(;h. 490 FLORIDA PSYCHOLOGICAL PRACTICE ACT Ch. 490

the person. Every temporary cease and desist order shall include in its terms a provision that upon request a hearing will be promptly held to determine whether or not the order becomes permanent.

(4) No action shall be maintained to enforce any liability created under this section unless brought within 3 years after the alleged violation of any provision of this chapter or lawful order of the board or rules hereunder.

(5) The board may make necessary public or private investigations within or outside this state to determine whether any person has violated or is about to violate this chapter or any rule or order hereunder or to aid in the enforcement of this chapter or in the prescribing of rules and forms hereunder.

History.-s. 4, ch. 70-294.

490.28 Report to Governor and state psychological association.-The board shall make a written report annually to the Governor and to the Florida Psychological Association of its proceedings and receipts and disbursements under this chapter during the previous year. The names of all registrants licensed to practice under this chapter during the previous year shall also be included.

History.-s. 17, ch. 70-294; s. 1, ch. 73-305.

490.29 Records are prima facie evidence.The books, registers, and records of the board, as made and kept by the secretary or under his supervision subject to the direction of the board, shall be prima facie evidence of the matter therein recorded in any court of law.

History.-s. 18, ch. 70-294.

490.30 Disposition of fees; expenditures.-All moneys received by the board under this chapter shall be deposited and expended pursuant to s. 215.37. All expenditures authorized by this chapter shall be. paid upon presentation of vouchers approved by the secretary of the board.

History.-s. 19, ch. 70-294.

490.31 Penalties.-It is unlawful for any person not licensed under the provisions of this chapter to

advertise or render the services covered under s. 490.14. Any person convicted of violating a provision 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.-s. 20, ch. 70-294; s. 443, ch. 71-136.

490.32 Psychologists as witnesses; nondisclosure of communications.-

(!) A person who, for the purpose of securing psychological diagnostic assessment or counseling, consults a psychologist licensed to practice psychology in this state, except as hereinafter provided, in civil and criminal cases, in proceedings preliminary thereto, and in legislative and administrative proceedings, has a privilege to refuse to disclose and to prevent a witness from disclosing communications between himself and the psychologist or between members of his family and the psychologist or records relating to his diagnostic psychological testing or counseling.

(2) There shall be no privilege for any relevant communications under this section:

(a) If a judge finds that the person evaluated by a psychologist, after having been informed that the communications would not be privileged, has made communications to a psychologist in the course of a psychological examination ordered by the court. However, such communications shall be admissible only on issues involving the person's mental or psychological condition;

(b) In a criminal or civil proceeding in which the person introduces his mental or psychological condition as an element of his claim or defense or, after his death, when said condition is introduced by any party claiming or defending through or as his beneficiary.

History.-s. 21, ch. 70-294.

490.33 Construction as to licensee's authority to practice medicine.-Nothing contained in this chapter shall be construed to permit a licensee hereunder to engage in the practice of medicine as defined in chapter 458.

History.-s. 22, ch. 70-294.

637

Ch. 491 SANITARIANS' REGISTRATION ACT Ch. 491

CHAPTER 491

SANITARIANS' REGISTRATION ACT

491.01 Title. 491.02 Definitions. 491.03 Sanitarians' Registration Board. 491.04 General powers and duties of board. 491.05 Board, organization and headquarters. 491.06 Qualifications for registration. 491.08 Application for registration. 491.09 Examinations. 491.10 Certificates of registration. 491.11 Renewal of certificate, fee. 491.12 Refusal, revocation, or suspension of certifi-

cate of registration. 491.13 Title and abbreviations. 491.14 False claim of registration. 491.15 Fraud in obtaining registration. 491.16 Disposition of fees; expenses of board. 491.17 Exemptions. 491.18 Reciprocity. 491.19 Penalty.

491.01 Title.-This act shall be cited as the "Sanitarians' Registration Act."

History.-s. 1, ch. 59-191.

491.02 Defmitions.-In this act, unless the context otherwise requires:

(1) "Sanitarian" means a person whose education and experience in the biological and sanitary sciences qualifies him to engage in the promotion and protection of the public's health. He applies technical knowledge to solve problems of a sanitary nature and develops methods and carries out procedures for the control of those factors of man's environment which affect his health, safety, and well being.

(2) "Registered sanitarian" means any person who is the holder of a current certificate of registration issued by the Sanitarians' Registration Board.

(3) "Certificate of registration" means a document showing the name of the registrant, the date of issue, serial number and the signature of those authorized by this act to grant it.

(4) "Environmental sanitation" means the sanitary control of man's physical surroundings and within it those factors which may adversely influence and affect his health, safety and welfare. Nothing herein shall conflict with the practice of professional engineering or the provisions of chapter 20621, Laws of 1941 (ss. 471.01-471.33).

(5) "Board" means the Sanitarians' Registration Board as provided for ins. 491.03.

(6) "Merit system" means the state career service system.

(7) "Civil service" means an accredited civil service board within this state.


491.03 Sanitarians' Registration Board.-(1) After May 30, 1959, the Governor shall ap

point five qualified sanitarians as defined in this law from a list submitted to him by recognized associations of sanitarians within the state who have been employed as sanitarians in Florida for the past 5

consecutive years and who shall constitute the Sanitarians' Registration Board.

(2) The director of the 1Division of Health of the Department of Health and Rehabilitative Services shall be an ex officio member of the board.

(3) The terms of the first board members shall be for 1, 2, 3, and two members for 4 years, respectively, beginning on the date of appointment. The terms of their successors shall be 4 years. Appointments for vacancies shall be for the unexpired term.

(4) Members of the board shall receive $10 per day, or any part of a day, while attending official board meetings and shall receive per diem and mileage as provided by law.

History.-s. 3, ch. 59-191; s. 181, ch . 71-377. 'Note.-The Division of Health was abolished and its functions assigned.

See s. 3(3), ch. 75-48.

491.04 General powers and duties ofboard.(1) The board is authorized to adopt rules and

regulations which may be determined by it to be needed to carry out the mechanics and procedures to effectuate this act and may amend and revoke such rules at its discretion; provided that after the original adoption of the rules and regulations that no change in such rules and regulations shall be effective unless the board has filed such rules or regulations in the office of the Department of State six months prior to that change.

(2) The board is authorized to employ secretarial assistance and to fix his compensation, and to pay its necessary administrative expenses provided, however, that all moneys paid out under this act shall be paid solely from the revenue received pursuant to the terms of this act.

(3) It shall be the duty of this board to carry out the provisions of this act, except appoint members thereto, review applications for registration, conduct written and oral examinations, keep records of its transactions, conduct hearings, make an annual and financial report and record all matters which appropriately may come before it. These records shall at reasonable times be open to examination by the public. Copies of the annual and financial reports shall be mailed to all registered sanitarians.

History.-s. 4, ch. 59-191; ss. 10, 35, ch. 69-106.

491.05 Board, organization and headquarters.-The board shall elect annually from its membership a chairman, a vice-chairman, and a secretary-treasurer. The headquarters of the board shall be in the city where the secretary-treasurer resides. Meetings ofthe board shall be called by the chairman as prescribed by the rules and regulations of the board. At meetings a majority of the board shall constitute a quorum for the transaction ofbusi-ness.

History.-s. 5, ch. 59-191.

491.06 Qualifications for registration.-To be eligible for registration by the board as a sanitarian an applicant must:

1(1) Be at least 21 years old and a 2citizen of the

638


United States, and a resident of this state; (2) Be of good moral character as determined by

the board; (3) Have been graduated with a 4-year degree

from a college or university; (4) Either pass to the satisfaction of the board an

examination by the board, or be entitled to registration without examination as provided ins. 491.07.

(5) Provided that no sanitarian may practice pest control unless qualified under chapter 482.

History.-s. 6, ch. 59-191; s. 4, ch. 65-295. 'Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older. 'Note.-Chapter 74-37 provides that no person may be disqualified from

practicing an occupation or profession regulated by the state solely because he is not a United States citizen. cf.-a. 1.01 Definition of minor.


491.08 Application for registration.-Unless entitled to registration under s. 491.07, a person desiring to be registered as a sanitarian shall apply to the secretary of 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 under s. 491.06. He shall pay to the board at the time of filing his application a fee of not less than $25 or more than $50 to be fixed annually by the board.

History.-a. 8, ch. 59-191; s. 1, ch. 65-482; s. 1, ch. 73-36.

491.09 Examinations.-The board shall hold examinations for applicants for registration as sanitarians who have qualified under s. 491.08, at approximately 6-month intervals in a major city of Florida in some convenient place to be selected by the board. Examinations will be given in the following subjects:

(1) Sanitary laws, code, rules and regulations; (2) Milk and food sanitation; (3) Water supply, sewage and garbage disposal; (4) Insect and pest control; (5) Bacteriology and communicable diseases.

History.-s. 9, ch. 59-191.

491.10 Certificates of registration.-The board shall register as a sanitarian and shall furnish a certificate of registration to each applicant who successfully passes the examination for registration as a sanitarian and to applicants who qualify under s. 491.07.

History.-s. 10, ch. 59-191.

491.11 Renewal of certificate, fee.-Certificates of registration shall be renewable annually on or before January 1 upon the submission of application on forms mailed by the secretary-treasurer of the board to each registered sanitarian in the state at his last known post office address on October 1 of the preceding year. A fee of not less than $5 or more than $15, to be fixed annually by the board, shall accompany each application for renewal. Certificates of registration shall expire on January 1 of each year.


491.12 Refusal, revocation, or suspension of certificate of registration.-The board may refuse to issue or renew, or may suspend or revoke a license for any one or any combination of the following reasons:

(1) Habitual use of intoxicating liquors, narcotics or stimulants to such an extent as to incapacitate the performance of professional duties;

(2) Fraud in the practice of sanitation or deceit in obtaining registration as a sanitarian;

(3) Conviction 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 this state, would constitute a felony under the laws of this state; provided, the accused person has been given an opportunity by the board for a public hearing 30 days after notice by registered mail of the hearing.

History.-s. 12, ch. 59-191.

491.13 Title and abbreviations.-Any person who holds a certificate of registration under this act may use the title "Registered Sanitarian" or the abbreviation "R.S." to denote his registration with the board as a sanitarian.

History .-s. 13, ch. 59-191.

491.14 False claim of registration.-Any person who is not registered or whose certificate of registration is suspended or revoked shall not use in connection with his name the title "Registered Sanitarian" or the abbreviation "R.S." or any other words, letters or insignia indicating that he is a registered sanitarian, nor shall he either directly or indirectly represent himself as being a registered sanitarian.

HiBtory.-s. 14, ch. 59-191.

491.15 Fraud in obtaining registration.-No person shall obtain or attempt to obtain a certificate of registration by any willful misrepresentation or any fraudulent representation.

History.-a. 15, ch. 59-191.

491.16 Disposition offees; expenses of board. -All moneys r~ceived by the board under this chapter shall be patd to the secretary-treasurer of said board. Such moneys shall be deposited and expended pursuant to the provisions of s. 215.37. All expenditures autJ:lorized by this chapter shall be paid upon presentatiOn of vouchers approved by the chairman and secretary-treasurer of said board.

History.-s. 16, ch. 59-191; s. 27, ch. 61-514. cf.-s. 215.37 Examining and licensing boards to be financed from fees collect

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

49~.17 Exemptions.-T~is act shall not apply to pubhc health officers, pubhc health engineers entomologists, industrial hygiene engineers, p~blic health nurses, secretarial employees, or insect or pest control operators.

History.-s. 17, ch. 59-191.

491.18 Reciprocity.-Agreements for reciprocity with states having a registered sanitarians' act

639


and having educational requirements not less than those required by this act may be entered into by the board at its discretion and under such rules and regulations as the board may prescribe.

History.-s. 18, ch. 59-191.

640

491.19 Penalty.-Any person violating any of the provisions of this act is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 19, ch. 59-191; s. 444, ch. 71-136.

Ch. 492 FORESTRY PRACTICE ACT Ch. 492

CHAPTER 492

FORESTRY PRACTICE ACT

492.01 General provisions. 492.02 Definitions. 492.03 State Board of Registration for Foresters;

appointment of members; terms. 492.04 Qualifications of members of the board. 492.05 Compensation and expenses of board mem-

bers. 492.06 Removal of members of the board. 492.07 Organization and meetings of the board. 492.08 General powers of the board. 492.09 Receipts and disbursements. 492.10 Records and reports. 492.11 Roster of registered foresters. 492.12 General requirements for registration. 492.13 Application and registration fees . 492.14 Examinations. 492.15 Certificate. 492.16 Expiration and renewals. 492.17 Reciprocity. 492.18 Revocations and reissuance of certificates. 492.19 Violations. 492.20 Penalties.

492.01 General provisions.-(!) Any person practicing or offering to practice

the profession of forestry in this state as a registered forester shall be required to submit evidence that he is qualified so to practice, and may be registered as hereinafter provided; and it is unlawful for any person to practice the profession of forestry in this state as a registered forester unless such person is duly registered, and to use in connection with his name or otherwise assume, use, or advertise any title or description tending to convey the impression that he is a registered forester, as hereinafter defined, unless such person has been duly registered.

(2) Except as hereinafter specifically authorized, no person shall engage in the practice of professional forestry as defined in s. 492.02(2), or in any manner advertise or hold himself out as engaged in such practice, without first having been duly registered as a forester under this chapter.

(3) Notwithstanding subsection (2) or any other provisions of this act, nothing herein shall be construed as preventing or prohibiting any person from managing, or otherwise conducting forestry practices on, lands owned, leased, rented, or held by such person; nor shall anything herein prohibit any regular employee or official of any person, corporation, agency, institution, or other entity from engaging in professional or other forestry practices on lands owned, leased, rented, or held by such person, corporation, agency, or other entity; nor shall anything herein prohibit any graduate of a school of forestry from practicing forestry under supervision as hereinafter authorized, so as to qualify for licensing as provided in s. 492.12.

History.-s. 1, ch. 61-260; s. 1, ch. 74-24.

492.02 Definitions.-(!) The term "registered forester" as used in this

act means a person who, by reason of his knowledge of the natural sciences, mathematics, economics,

and the principles of forestry, acquired by professional training or practical experience, is qualified to engage in forestry practices as herein defined, and has been duly registered.

(2) The terms "professional forestry" or "practice of forestry" shall mean any professional service relating to forestry, such as consultation, investigation, appraisal and evaluation, development of forest management plans or responsible supervision of forest management, forest production, silviculture, forest utilization, forest economics, or other forestry activities in connection with any public or private lands.

(3) The term "board" as used in this act means the State Board of Registration for Foresters.

(4) The term "responsible charge" as used in this act means the direction of professional foresters' services in evaluation, investigation, or research, requiring initiative, technical knowledge, professional skill, and independent judgment in the practice of forestry.

History.-s. 2, ch. 61-260; s. 2, ch. 74-24.

492.03 State Board of Registration for Foresters; appointment of members; terms.-A State Board of Registration for Foresters is hereby created within the Division of Professions of the Department of Professional and Occupational Regulation whose duty it is to administer the provisions of this act. The board shall consist of five foresters who shall be appointed by the Governor. Nominees for appointment to the board may be recommended to the Governor by the offices of the Florida Chapter of the Society of American Foresters, which nominees shall be at least three in number for each position, and who shall have the qualifications required by s. 492.04, and the Governor may make appointments from the persons so nominated. Every member of the board shall be commissioned by the Governor and before beginning his term of office shall file with the Department of State his written oath or affirmation for the faithful discharge of his duties. The five mem- . hers of the board shall be appointed for terms as follows: one for 1 year, one for 2 years, one for 3 years and two for 4 years. On the expiration ofthe term of any member of the board the Governor shall, in the manner herein provided, appoint for a term of 4 years a registered forester having the qualifications required by s. 492.04 to take the place of the member whose term on said board is expiring. Each member shall hold office until the expiration of the term for which such member has been appointed or until his successor shall have been duly appointed and qualified. Appointments to fill vacancies caused by death or resignation shall be for the unexpired term only.

History.-s. 3, ch. 61-260; ss. 10, 30, 35, ch. 69-106.

492.04 Qualifications of members of the board.-Each member of the board shall be a citizen of the United States and a citizen and resident of this state, and shall have been engaged in the practice of forestry as herein defined, or in the teaching of forestry, for at least 10 years, during at least 5 years of

641


which he shall have been in responsible charge of such activity, and after the initial appointment to the board shall be registered under the provisions of this act.

Hlstory.-s. 4. ch. 61·260.

492.05 Compensation and expenses of board members.-The members of the board shall receive no compensation for their services but shall be entitled to any per diem or travel expenses as provided by s. 112.061.

Hlstory.-s. 5, ch. 61-260.

492.06 Removal of members of the board.The Governor may remove any member of the board as prescribed under s. 7 of Art. IV of the State Constitution.

Hlstory.-s. 6, ch. 61-260; s. 6, ch. 69-216.

492.07 Organization and meetings of the board.-The board shall have its headquarters in Tallahassee, Leon County. It shall hold at least two regular meetings each year. The two regular meetings shall be held in Tallahassee, Leon County. Special meetings of the board shall be held at such time and place within the state as the bylaws of the board shall provide. The board shall elect or appoint annually the following officers: a chairman and a vice chairman from the board; and a secretary who need not be a member of the board. A quorum of the board shall consist of three members.

Hlstory.-s. 7, ch. 61-260.

492.08 General powers of the board.-The board shall have the power to make all bylaws and rules, not inconsistent with the constitution and laws of this state, which are reasonably necessary for the proper performance of its duties and the regulation of the proceedings before it. The board shall adopt and have an official seal. In carrying into effect the provisions of this act, the board may, under the hand of its chairman and the seal of the board, subpoena witnesses and compel their attendance and may also require them to produce books, papers, documents, etc., in a case involving the revocation or suspension of registration. Any member of the board may administer oaths or affirmations to witnesses.

Hlstory.-s. 8, ch. 61-260.

492.09 Receipts and disbursements.-(!) The secretary of the board shall receive and

account for all moneys derived under the provisions of this act, and shall pay the same to the State Treasurer, who shall keep such moneys in a separate fund to be known as the Registered Foresters Licensing Fund. Such fund shall be kept separate and apart from all other moneys in the treasury, and shall be paid out only by warrant of the Comptroller upon the Treasurer, upon itemized vouchers, approved by the chairman and attested by the secretary of the board. The Comptroller is hereby authorized to retain and withdraw out of the funds collected hereunder 10 percent of the gross amount collected, as a service charge. The secretary of the board shall give a surety bond to the state in such sum as the board may determine. The premium on said bond shall be regarded as a proper and necessary expense of the

board and shall be paid out of the Registered Foresters Licensing Fund. The board is authorized to negotiate with the director of the Division of Forestry of the Department of Agriculture and Consumer Services to act as secretary of the board and furnish such clerical assistance as is needed to carry out the duties of the board. The board is further authorized to reimburse the department for such clerical services in accordance with procedures prescribed in this section.

(2) The board may employ counsel and clerical or other assistants as are necessary for the proper performance of its work and may make expenditures of this fund for any purpose which, in the opinion of the board, is reasonably necessary for the proper performance of its duties under this act. Under no circumstances shall the total amount of warrants issued by the comptroller in payment of the expenses and compensation provided for in this act exceed the amount in the hands of the State Treasurer known as the Registered Foresters Licensing Fund, and such appropriations as may be made by the Legislature.

Hlstory.-s. 9, ch. 61-260; s. 182, ch. 71-377.

492.10 Records and reports.-The board shall keep a record of its proceedings and a register of all applications for registratiqn and of any action taken thereon. The records of the board shall be prima facie evidence of the proceedings of the board set forth therein, and a transcript thereof, duly certified by the secretary of the board under seal, shall be admissible in evidence with the same force and effect as if the original were produced. Annually, as of December 31, the board shall submit to the governor a report of its transactions of the preceding year, and shall also transmit to him a complete statement of the receipts and expenditures of the board, attested by its chairman and secretary.

Hlstory .-s. 10, ch. 61-260.

492.11 Roster of registered foresters.-A roster of the names and places of business of all registered foresters qualified hereunder shall be prepared annually by the secretary of the board. Copies of this roster shall be placed on file with the Department of State, and furnished to the public upon request.

Hlstory.-s. 11, ch. 61-260; ss. 10, 35, ch. 69-106.

492.12 General requirements for registration.-

(1) Any graduate with a bachelor's, master's or doctor's degree from a school or college of forestry accredited by the National Society of American Foresters and who in addition to such education, shall have a specific record of two years or more of active practice of forestry work, indicating that the applicant is qualified to be placed in responsible charge of such work, and who is of good moral character and integrity, shall be eligible.

(2) Any person who is not a graduate of a school or college offorestry accredited by the National Society of American Foresters shall be eligible to take a written or oral examination or both to determine his qualifications for registration as a registered forester provided he submits to the board evidence verified

642


by oath and satisfactory to the board that he: *(a) Is 21 years of age or older; (b) Is of good moral character and integrity; (c) Has been employed or engaged in the practice

of forestry for at least 7 years and during that time has been in responsible charge of forestry work for at least 2 years.

Any applicant who shall pass such written or oral examination, or both, in a manner sat isfactory to the board shall be eligible for registration as a registered forester.

(3) Any person, who, on the effective date of this act, has been engaged in the active practice of forestry, as defined ins. 492.02, for at least 7 years, with no substitution of education for active practice, and who is of good moral character and integrity, shall be eligible for registration as a registered forester without reference to the requirements set forth in subsections (1) and (2), provided that he file application for registration with the board within 2 years from the effective date of this act, or men in military service within 1 year after release.

(4) In considering the qualifications of applicants under subsections (1) and (2), responsible charge of forestry teaching in a department, school, or college of forestry may be regarded as responsible charge of forestry work. The satisfactory completion of each year of an approved course in forestry in a ranger school or college of forestry shall be considered the equivalent of 1 year of active practice.

History.-s. 12, ch. 61-260. *Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older. cf.-s. 1.01 Definition of minor.


492.13 Application and registration fees.Applications for registration shall be made on forms prescribed and furnished by the board; shall contain statements made under oath, showing among other things, the applicant's education and a detailed summary of his technical work, and shall contain not less than five references, who possess professional qualifications necessary for such membership, and who have personal or professional knowledge of his forestry experience. The application fee for a certificate of registration as a registered forester shall be $5, which shall accompany the application. An additional fee of $5 shall be paid upon issuance of the certificate of registration. Should the applicant fail or refuse to remit the certificate fee within 30 days after being notified in the usual manner that the applicant has successfully qualified, he shall forfeit the right to have the certificate so issued and said applicant may be required to again submit an original application fee therefor. Should the board deny the issuance of a certificate of registration to any applicant, the initial application fee deposited by the applicant shall be retained by the board.

History.-s. 13, ch. 61-260.

492.14 Examinations.-Examinations shall be held at such time and place as the board shall determine. The method of procedure for examinations shall be prescribed by the board and shall test the applicant's knowledge of natural sciences, mathe-

matics, economics and principles of forestry, and his ability to conduct forestry practices as herein defined. A candidate failing an examination may apply for reexamination at the expiration of6 months and will be reexamined upon payment of an additional fee of $5.

History.-s. 14, ch. 61-260.

492.15 Certificate.-The board shall issue a certificate of registration upon payment of registration fee as provided for in this act to any applicant who has satisfactorily met all the requirements of this act. The certificate shall authorize the practice of forestry. Certificates of registration shall show the full name of the registrant, shall have a registration number, and shall be signed by the chairman and the secretary of the board under seal of the board. The issuance of a certificate of registration by the board shall be evidence that the person named therein is entitled to all rights and privileges of a registered forester, while the said certificate remains unrevoked or unexpired. Plans, maps, specifications, reports, and other instruments issued by a registrant shall be endorsed with his name and registration number.

History.- s . 15, ch. 61-260.

492.16 Expiration and renewals.-All certificates of registration shall expire on December 31 following their issuance or renewal and shall become invalid on that date unless renewed. The board shall, each year, fix the annual renewal fee for certificates of registration, which fee shall not exceed the sum of $25. Renewal of certificates of registration for the following year may be effected at any time during the month of December of the year in which such certificate has been issued by the payment of the renewal fee so fixed by the board. Such certificates may be later renewed by the payment of an additional fee of 50 cents for each month, or fraction thereof, that payment of the fixed renewal fee is delayed beyond the month of December. The board, in its discretion, may make an exception in meritorious cases.

History.-s . 16, ch. 61-260; s. 3, ch . 74-24.

492.17 Reciprocity.-A person not a resident and having no established place of business in Florida, or who has recently become a resident thereof, may use the title of registered forester provided:

(1) Such person is legally licensed as a registered forester in his own state or county, and has submitted evidence to the board that he is so licensed.

(2) The state or county in which he is so licensed observes these same rules of reciprocity in regard to persons licensed under the provisions of this act.

(3) Requirements for registration in his own state or county are comparable to those set forth in this act and acceptable to the board.

History.- s. 17, ch. 61-260.

492.18 Revocations and reissuance of certificates.-

(1) The board shall have the power after notice and hearing to revoke, or to suspend for such period less than 1 year as the board may determine, the certificate of registration of any registrant who is

643


found guilty of violating the code of ethics adopted by the board, gross negligence, incompetency, or professional misconduct in the practice of forestry.

(2) The board is empowered to designate a person or persons to investigate and report to it upon any charges of fraud, deceit, gross negligence, incompetency, or professional misconduct in connection with any forestry practices against any registrant as may come to its attention. Any person preferring such charges against any registrant shall submit them in writing and under oath to the secretary of the board. All charges, unless dismissed by the board as unfounded and trivial, shall be heard by the board within 3 months, where practicable, after the date on which they have been preferred, and the board shall dispose of them as speedily as is feasible. The time and place for said hearing shall be fixed by the board, and a copy of the charges, together with a notice of the time and place of hearing shall be personally served on, or mailed by registered or certified mail to the last known address of such registrant, at least 30 days before the date fixed for the hearing. At any hearing, the accused registrant shall have the right to appear personally and by counsel, to cross-examine witnesses appearing against him, and to produce witnesses and evidence in his own defense. If, after such hearing, a majority of the board present votes in favor of finding the accused guilty, the board shall revoke or suspend the certificate of registration of such registered forester.

(3) The board, upon petition being filed by the applicant for restoration and hearing being held thereon, may reissue a certificate of registration to any person whose certificate has been revoked, or may restore the certificate of any person whose certificate has been suspended, by vote of three or more members of the board who favor such reissuance or restoration. A new certificate of registration, to replace any certificate revoked or suspended, may be issued subject to the rules of the board, and a charge of $5 made for such reissuance. A new certificate, to replace any certificate lost, destroyed, or mutilated, may be issued, subject to the rules of the board, and a charge of $1 made for such reissuance.

History.-s. 18, ch. 61-260.

492.19 Violations.-It is unlawful for any per-

son to ·practice or offer to practice the profession of forestry as a registered forester in this state, without being registered in accordance with the provisions of this act; or to present or attempt to use as his own the certificate of another; or to give any false or forged evidence of any kind to the board or any member thereof in obtaining a certificate of registration; or to use or attempt to use in any manner an expired, revoked, or suspended certificate of registration; or to endorse any plan, specification, estimate, map or other instrument as a registered forester unless he shall have actually prepared such plan, specification, estimate, map or other instrument, or shall have been in actual responsible charge of the preparation thereof, or to violate any other provisions of this act. The board, or such person or persons as may be designated by the board to act in its stead, is empowered to prefer charges for any of the violations of this title in any court of any county of this state having jurisdiction. Nothing contained in this act shall be construed as preventing any landowner, lessee, or owner of any timber rights, whether as an individual, firm, partnership, or corporation from managing his own timberlands, woodlands, or forest, or from operating the removal of any products therefrom, in any lawful manner desired. It shall be the duty of all duly constituted officers ofthe law ofthis state, or any political subdivision thereof, to enforce the provisions of this act to prosecute any persons, firms, partnerships, or corporations violating the same, by using the title "Registered Forester" without being duly registered. The Department of Legal Affairs shall act as legal advisor of the board and render such legal assistance as may be necessary in carrying out the provisions of this act. The board may, at its discretion, employ such other legal assistance as it may deem necessary.

History.-s. 19, ch. 61-260; ss. 11, 35, ch. 69-106.

492.20 Penalties.-Any person, firm, partnership or corporation violating any of the provisions of this act shall be guilty of a misdemeanor of the second degree, punishable as provided ins. 775.082 or s. 775.083.

History.-s. 20, ch. 61·260; s. 445, ch. 71-136.

644

Ch. 493 INVESTIGATIVE AGENCIES; DECEPTION DETECTORS Ch. 493

CHAPTER 493

INVESTIGATIVE AGENCIES; DECEPTION DETECTORS

PART I PRIVATE INVESTIGATIVE AGENCIES, PATROL AGENCIES, ETC. (ss. 493.01-493.28)

PART II REGULATION OF DETECTION OF DECEPTION EXAMINERS (ss. 493.40-493.56)

PART I

PRIVATE INVESTIGATIVE AGENCIES, PATROL AGENCIES, ETC.

493.01 493.02 493.03 493.04 493.05

493.06 493.07

493.08 493.09 493.091 493.10 493.11 493.12 493.13 493.14

493.15 493.16 493.17 493.18 493.19

493.20 493.21

493.22 493.23 493.231 493.24

493.25

493.26

493.27

493.28

Definitions, part I. Powers and duties of Department of State. Application for license. License requirements. Notification to Department of State of new

partner or corporate officer. License fees. Investigation of applicants by Department

of State. Issuance of license. Licensee's bond and insurance. Supervision of agencies. License; contents; posting. Inapplicability of part I of this chapter. Renewal of license. Change of location of licensee. Power of department to deny, suspend or

revoke license. Cancellation of license. Denial of application; hearing; appeal. Death of licensee; carrying on of business. Trust fund. Divulging information; prohibited; false

reports; penalty. Exclusion of tax. Weapons and firearms; training require-

ments; permit. Violation; penalty. Enforcement of part I; investigation. Department ofLegal Affairs; enforcement. Applicability of part I to private investiga-

tive agency, etc., when effective. Acts prohibited by licensees or employees

acting as repossessors. Requirement of inventory by recoverer of

personal property. Applicability of part I to repossessor, fi

nance adjuster, etc., when effective. Association with government not to be im

plied.

493.01 Definitions, part I.-The following terms shall, unless the context otherwise indicates, have the following respective meanings:

(1) "Private investigative agency" means and includes any person, firm, company, partnership or corporation, engaged in the business of furnishing for hire private investigations and which employs

one or more full-time or part-time private investigators.

(2) "Watchman," "guard," or "patrol agency" means and includes any person, firm, company, partnership 'or corporation, engaged in the business of furnishing for hire watchman, guard or patrolman services and which employs one or more full-time or part-time watchmen, guards or patrolmen.

(3) "Private detective" means and includes any person engaged in the business of private investigations but who does not employ any full-time or parttime private investigators.

(4) "Watchman," "guard," or "patrol contractor" means and includes any person, who as an independent contractor, and not as an employee, engages in the business of furnishing for hire watchman, guard or patrol service which is performed by himself and who does not hire any full-time or part-time watchman, guard or patrolman.

(5) "Private investigator" means and includes anyone who performs the services of private investigation, or who directly supervises others in the performance of such services.

(6) "Private investigation" means and includes investigation by a person or persons for the purpose of obtaining information with reference to any of the following matters:

(a) Crime or wrongs done or threatened against the United States or any state or territory of the United States;

(b) The identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation or character of any person, group of persons, association, organization, society, other group of persons or partnership or corporation;

(c) The credibility of witnesses or other persons; (d) The whereabouts of missing persons; (e) The location or recovery oflost or stolen prop

erty, including the business of repossessing or finance adjusting;

(f) The causes and origin of, or responsibility for fires, or libels, or slanders, or losses, or accidents, or damage, or injuries to real or personal property;

(g) The affiliation, connection or relation of any person, partnership or corporation with any union organization, society or association or with any official member represented hereof;

(h) With reference to any person seeking employment in the place of any person who has quit work by reason of any strike;

(i) With reference to the conduct, honesty, efficiency, loyalty or activities of employees, agents, contractors and subcontractors;

(j) The business of securing evidence to be used

645


before investigating committees, boards of award, or arbitration; or in the trial of civil or criminal cases and the preparation therefor;

(k) The conducting of studies or surveys to determine methods and means of providing security for the person requesting the studies or surveys;

(l) The giving of detection of deception examinations.

(7) "Watchman," "guard," or "patrolman" means and includes persons who directly supervise others, or who themselves, separately or collectively, guard persons or property or attempt to prevent theft or unlawful taking of goods, wares and merchandise, or attempt to prevent the misappropriation or concealment of goods, wares or merchandise, money, bonds, stocks, choses in action, notes, or other valuable documents, papers and articles of value, or to procure the return thereof, or who perform the services of such watchman, guard or patrolman, or other person for any of said purposes, but exempting armored car services when such armored car services are regulated in any manner by the Florida Public Service Commission.

(8) "Licensee" means and includes any person, firm, company, partnership or corporation licensed under this chapter.

(9) The personal pronoun "he" implies the impersonal pronoun "it".

(10) Department means the Department of State. History.-s. 1, ch. 63-340; s. 1, ch. 65-390; s. 1, ch. 65-52; ss. 19, 35, ch. 69-106;

s. 183, ch. 71-377.

493.02 Powers and duties of Department of State.-

'(1) The department is hereby vested with the power,jurisdiction and authority to issue and revoke licenses to private investigative agencies, watchman, guard or patrol agencies, private detectives, watchmen, guards, patrolmen, and watchman, guard or patrol contractors therefor, to deny such applicants a license or to suspend a license for reasonable period, or to assess a civil penalty against the licensee in an amount not to exceed $1,000. The department shall have the power, jurisdiction and authority to promulgate reasonable rules and regulations for its own government and in the exercise of its powers hereunder, for the conduct of the business of private investigative agencies, private detective, and watchman, guard or patrol contractors, watchman, guard or patrol agencies, not in conflict with the Constitution and laws of the United States or of this state and may amend same as provided in chapter 120.

(2) No person, firm, company, partnership or corporation shall furnish private investigations, watchman, guard or patrolman services, nor shall he advertise, solicit nor in any way promise nor inform anyone that he will perform such services without receiving from the Department of State a license as provided herein.

Hlstory.-s. 2, ch. 63-340; s. 2, ch. 65-390; ss. 10, 35, ch. 69-106; s. 1, ch. 75-230. 'Note.-Subsection (1), as amended, takes effect October 1, 1975.

'493.03 Application for license.-Each person, partner, or in the case of corporations, each corporate officer, must qualify separately for a license under this part and shall file with the department a

written application accompanied by a fee of $25 to cover costs, except that an applicant for a Class "F" license shall not be required to pay the $25 application fee. The fee shall not be rebatable. The written application shall be in accordance with the following provisions:

(1) If the applicant is an individual the application shall be signed and verified by the individual;

(2) If the applicant is a firm or partnership a separate application shall be signed and verified by each individual composing or intending to compose, in the immediate future, such firm or partnership;

(3) If the applicant is a corporation a separate application shall be signed and verified by each officer (not including assistant secretaries or assistant treasurers) thereof;

(4) The application shall contain the following information concerning the individual signing the same:

(a) Full name and title of position held with applicant;

(b) Age, date and place of birth; (c) The present residence address and the resi

dence addresses within the 5 years immediately preceding the submission of the application;

(dJ Occupations held presently and within the 5 years immediately preceding the submission of the application;

2 (e) A statement that he is a citizen of the United States and 18 years of age or older;

(f) The address of the principal place in which the business is to be conducted;

(g) The address of all branch offices within the state;

(h) The name under which the business is to be conducted;

(i) The names and addresses of all partners or officers and directors, as the case may be;

(j) A full set of fingerprints and a photograph of the signatory taken within 2 years immediately preceding the submission of the application;

(k) A statement of the experience of the signatory which he believes would qualify him, his firm or his corporation for a license under this chapter;

(l) A statement of any or all arrests of the signatory; and

(m) Such further facts as may be required by the department to show that the person signing the application is competent, honest, truthful, trustworthy, of good character and bears a reputation for fair dealing.

Hlstory.-s. 3, ch. 63-340; s. 3, ch. 65-390; ss. 10, 35, ch. 69-106; s. 2, ch. 75-230. 'Note.-This section, as amended, takes effect October 1, 1975. 'Note.-Chapter 74-37 provides that no person may be disqualified from

practicing an occupation or profession regulated by the state solely because he is not a United States citizen.

'493.04 License requirements.-(!) Every corporation applying for a license here

under must be organized, or authorized to do business, under the laws of this state and shall have the capacity to make valid contracts and to sue and be sued in this state. All applicants for licenses under this part who are natural persons and all officers of corporate applicants must be citizens of the United States, and the president, and the officer or manager of the corporation who actively directs the business of the corporation, shall have had at least 3 years'

646


experience. One year of such experience shall be within the state, performing the type of service permitted under the license applied for or the equivalent thereof in related fields, except that this requirement does not apply to applicants for a Class "F" license.

(2) Every person shall, before being employed as a watchman, guard, or patrolman, as defined herein, by any person, firm, company, partnership, or corporation, make application to the department for a Class "F" license. An unarmed watchman, guard, or patrolman may be employed by any person, firm, company, partnership, or corporation before such application is approved. If the department suspends or revokes a license after issuance, the employment of such person shall be terminated immediately. Each person, firm, company, partnership, or corporation shall, upon the employment or termination of employment of a watchman, guard, or patrolman, report such employment or termination immediately to the department. During the period of employment of any person who has a Class "F" license, the licensee shall keep the license in his possession. No Class "F" licensee is authorized to do business except as an employee of another person, firm, company, partnership, or corporation; nor is such licensee authorized to use any fictitious or assumed name unless he qualifies under the Fictitious Name Statute.

Hlstory.-s. 4, ch . 63-340; s. 1, ch. 67-522; ss. 10, 35, ch. 69-106; s. 2, ch . 75-230. 1Note.-This section , as amended, takes effect October 1, 1975.

493.05 Notification to Department of State of new partner or corporate officer.-After filing the application, unless the department declines to issue the license, or revokes it after issuance, all private investigative agencies, and all watchman, guard or patrolmen agencies, shall notify the department within 10 days of the removal, replacement or addition of any or all partners and officers of the corporate agency, and upon receipt of application forms from the department, shall cause the same to be completed by the new partner or officer and the same shall be filed with the department and an application fee of $25 paid. The agency's good standing under this part shall be contingent upon the department's approval of any such new partner or officer.

Hlstory.-s. 5, ch . 63-340; s. 4, ch. 65-390; ss. 10, 35, ch. 69-106.

1493.06 License fees.-(1) The license fees applicable to the seven types

of licenses provided for under this part are: (a) Class A. Private investigative agency: $100. (b) Class B. Watchman, guard, or patrolman

agency: $100. (c) Class C. Private detective: $50. (d) Class D. Watchman, guard, or patrolman

contractor: $25. (e) Class E. Branch office: $25. (f) Class F. Unarmed watchman, guard, or pa

trolman employee: $10. (g) Class G. Statewide gun permit: $25. Issu

ance of this permit shall not authorize the possession of a concealed weapon.

(2) The fees set forth in this section shall be paid by certified check or money order or, at the discretion of the department, by company check at the time the license is issued, except that the applicant

for a Class "F" or Class "G" license shall pay the license fee at the time the application is made. Once a license is issued, if it is subsequently revoked, the license fee shall not be returned to the licensee. All Class "G" permits shall be valid for a period of 1 year from the date of issuance, unless sooner revoked or suspended. The holders of all types of licenses may furnish only the services described under the definition for that type of license contained in s. 493.01.

Hlstory.-s. 6, ch. 63-340; s. 5, ch. 65-390; ss. 10, 35, ch. 69-106; s. 2, ch. 75-230. 'Note.-This section, as amended, takes effect October 1, 1975.

1493.07 Investigation of applicants by De· partment of State.-

(1) Prior to the issuance of licenses under this part, the department shall make individual investigations of the general fitness and suitability, including the mental and physical fitness, of applicants for licenses. The investigations shall include:

(a) A thorough background investigation of the individual's general character and reputation for honesty, truthfulness, integrity, moral fitness, and fair dealing.

(b) Such other investigation of individuals as the department may deem necessary.

(2) Prior to the issuance of permits under s. 493.21 to armed watchmen, guards, or patrolmen, the department shall make an additional investigation of applicants, which shall include:

(a) Fingerprint records. (b) Police records. (c) General mental and physical fitness to carry

a weapon or firearm. Hlstory.-s. 7, ch. 63-340; ss. 10, 35, ch. 69-106; s. 2, ch. 75-230. 'Note.-This section, as amended, takes effect October 1, 1975.

493.08 Issuance of license.-(1) When the department shall be satisfied of the

good character, competency and integrity of the applicant, or, if the applicant be a firm or partnership, the individual members thereof, or, if the applicant be a corporation, the officers thereof, it shall inform the applicant of its findings and that license shall be issued upon the applicant's posting a licensee's bond as provided for ins. 493.09. Upon the posting of such licensee's bond, the department shall issue and deliver to such applicant a license to conduct the type of business applied for at the premises stated in the application. Such license shall not be transferable and shall be revoked or canceled only by the department.

(2) Grounds for denial of license shall be: (a) Conviction of a felony in this or any other

state where civil rights have not been restored; (b) Conviction of a crime involving moral turpi

tude or dishonest dealings; '(c) Lack of United States citizenship or has not

reached his 21st birthday; (d) Failure to meet the experience qualifications

required under the provisions of this part; (e) Failure to meet character qualifications; (f) Falsifying application for license; (g) Conducting business without benefit of prop

er license; (h) Failure to meet any qualification or require

ment prescribed in this part, or for any cause which, if the applicant had already been licensed hereun-

647


der, would be grounds for revocation of such license. Hlstory.-s. 8, ch . 63-340; s. 6, ch. 65-390; ss. 10, 35, ch. 69-106. 'Note.-Ch. 73-21, Laws of Florida, removed the disability of nonage for

persons 18 years of age and older , and ch. 74-37 provides that no person may be disqualified from practicing an occupation or profession regulated by the state solely because he is not a United States citizen. cf.- s. 1.01 Definition of minor.


1493.09 Licensee's bond and insurance.-(!) The licensee's bond referred to in s. 493.08

shall be a surety bond executed by the applicant and two or more sureties, or by a surety company authorized to do business in this state, payable to the Governor of this state in the sum of $5,000 conditioned upon the faithft l and honest conduct and performance by the licensee of the business so licensed. If any person shall be aggrieved by the misconduct of any such licensed agency, such person may maintain an action in his own name upon the bond of said agency, in any court having jurisdiction of the amount claimed. Any remedies given by this section shall not be exclusive of any other remedy which would otherwise exist. No bond shall be required for those persons who receive a Class "F" or Class "G" license.

(2) No license shall be issued unless the applicant files with the department a certificate of insurance evidencing comprehensive general liability coverage for death, bodily injury, and personal injury. Coverage shall include false arrest, detention or imprisonment, malicious prosecution, libel, slander, defamation of character, 3[and] violation ofthe right of privacy 2 [in the amount of] $100,000 per person and $300,000 per occurrence and property damage 2 [in the amount of] $100,000 per occurrence. The certificate shall provide that the insurance shall not be modified or canceled unless 30 days' prior written notice is given to the department. However, this subsection shall not apply to those who receive a Class "F" or "G" license.

History.-s. 9, ch. 63-340; s. 2, ch . 75-230. 'Note.-This section, as amended, takes effect October 1, 1975. 'Note.-Bracketed language inserted by the editors. 'Note.-"And" substituted for "or" by the edi tors.

493.091 Supervision of agencies.-Each agency must be under the direct supervision of the owner or corporate officer upon whose qualifications the agency is licensed.

Hlstory.-s. 2, ch. 67-522.

493.10 License; contents; posting.-(1) The license issued pursuant to this part shall

be for a period of 1 year and shall be in such form as may be determined by the Department of State, but shall at least specify the name under which the applicant is to operate, the address of the principal place ofbusiness, the date on which it will expire, the full name and titles of the persons who submitted application forms and the number of the license.

(2) The license shall at all times be posted in a conspicuous place in the principal place of business of the licensee in this state.

(3)(a) The department shall upon application and payment of fee issue a separate license for each branch office mentioned in the application. Said license shall be in a form designed by the department but it shall at least specify the name under which the

licensee operates, its license number and the address of the location to which the license applies. Each branch office must be under the direct supervision of a licensed owner, partner, corporate officer or other person licensed to perform the services offered by the agency. The agency shall provide proper surety bond as provided by s. 493.09 for each branch office.

(b) No license shall be valid to protect any business transacted at any place other than that designated in the license unless consent is first obtained from the department and until written consent of the surety or sureties on the bond required to be filed by s. 493.09 to such transfer be filed with the original bond and the change of location of licensee provisions ofs. 493.13 ofthis part be complied with. Such license shall not be valid to protect any licensee who engages in the business under any name other than that specified in said license. A license issued under this part shall not be assignable and no licensee shall conduct a business under a fictitious name unless and until it has obtained the written authorization of the department to do so. The department shall not authorize the use of a fictitious name which is so similar to that of a public officer or agency, or ofthat used by another licensee, that the public may be confused or misled thereby. The authorization for the use of a fictitious name shall require as a condition precedent to the use of such name the filing of a certificate of doing business under a fictitious name under s. 865.09. No licensee shall be permitted to conduct business under more than one name except as licensed. A licensee desiring to change its licensed name at any time except upon renewal of license shall notify the department and pay a fee of $10 for each authorized change of name; and upon returning the license to the department with a certificate from his surety on the bond provided for in s. 493.09 to the effect that said bond covers the licensee's new name, the newly authorized name shall then be entered upon the license and same returned to the licensee.

1(4) It shall be the duty of every licensee to furnish all of its partners and officers, as the case may be, and all employees who are private investigators or watchmen, guards and patrolmen, and to furnish himself in the case of a private detective or watchman, guard or patrolman contractor, an identification card. Such card shall be in a form and design as may be approved by the Department of State, but shall specify at least the name of the holder of the card, the name and number of the licensee, and be signed by a representative of the licensee and by the holder of the card. Such card shall be in the possession of each partner, officer, or employee while on duty. Upon suspension or revocation of a license, it shall be the duty of each partner, officer, or employee to return the card to his employer.

1(5) Each Class "F" or Class "G" license shall remain in the custody and control of the employee. Upon termination of employment, the employer shall immediately notify the department on the form provided. ·

1(6) Each person to whom a license and card have been issued shall be responsible for the safekeeping

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of same and shall not loan, or let or allow any other person to use or display, said license or card.

History.-s. 10, ch. 63-340; s. 7, ch. 65-390; s. 3, ch. 67-522; ss. 10, 35, ch. 69-106; s. 3, ch. 75-230.

1Note.--Subsection (4), as amended, and subsections (5) and (6), as created, take effect October 1, 1975.

493.11 Inapplicability of part I of this chapter.-

(1) This part shall not apply: (a) To any detective or officer belonging to the

agencies of the United States or this state, or any county or municipality of this state, while any such officer is engaged in the performance of his official duties.

(b) To special police officers appointed by the state or by the police department of any city or county within the state while any such officer is engaged in the performance of his official duties.

(c) To insurance investigators or adjusters licensed as such.

'(d) To any person employed as an unarmed special agent, detective, or private investigator exclusively in connection with the affairs of that employer or to an unarmed watchman, guard, or patrolman employed exclusively to do work on the premises, and in connection with the affairs, of that employer, when there exists an employer-employee relationship.

(e) To any person, firm, company, partnership, corporation, or any bureau or agency whose business is exclusively the furnishing of information as to the business and financial standing, and credit responsibility of persons, firms, or corporations, or as to the personal habits and financial responsibility of applicants for insurance, indemnity bonds or commercial credit.

(f) To any corporation duly authorized by the state to operate a central burglar or fire alarm protection business.

(g) To attorneys or counselors at law in the regular practice of their profession, but such exemption shall not inure to the benefit of any employee or representative of such attorney or counselor at law who is not employed solely, exclusively and regularly by such attorney or counselor at law.

(h) To any state or national bank or bank holding company, credit union, or small loan company under chapters 516, 519, and 520; consumer credit reporting agency regulated under 15 U.S.C. ss. 1681 et seq.; or collection agency.

(2) No person, firm, company, partnership, corporation or any bureau or agency, exempted hereunder from the application of this part, with the exception of any state or national bank or bank holding company, credit union, small loan company, consumer credit reporting agency, or collection agency, shall perform any manner of private investigator or watchman, guard or patrol agency service for any person, firm, company, partnership, corporation, bureau or agency whether for fee, hire, reward, other compensation, remuneration, or consideration or as an accommodation without fee, reward or remuneration or by a reciprocal arrangement whereby such services are exchanged on request of parties thereto.

The commission of a single act prohibited by this section shall constitute a violation thereof.

History.-s. 11, ch. 63-340; s. 1, ch. 72-117; s. 7, ch. 75-230. 'Note.-Paragraph (1)(d), as amended, takes effect October 1, 1975.

493.12 Renewal of license.-A license granted under the provisions of this part may be renewed by the Department of State upon application therefor by the holder thereof, in such form as the department may prescribe, and payment of fee and filing of surety bond in amount equivalent to that specified in s. 493.09 as pertaining to original licenses. The application shall be filed before the expiration date of the license unless the application is accompanied by a late filing fee of $100. In no event will renewal be granted more than 6 months after the date of expiration of a license. No person, firm, company, partnership or corporation shall carry on any business subject to this section during any period which may exist between the date of expiration of a license and the renewal thereof.


1493.13 Change of location of licensee.-In the event the licensee desires to change the location of any place of business indicated in his application on file with the Department of State, he shall notify the department. The Department of State shall send to him suitable forms designed by the Department of State, the purpose of which shall be to record in the office of the department the fact that there has been a change by way of substitution of the licensee's place or places ofbusiness. Upon completion of such form the licensee shall return it to the Department of State, together with a fee of$10 for each changed location, and a certificate from his surety on the bond mentioned in s. 493.09, to the effect that said bond covers the licensee's business at the changed location. The department shall thereupon send to the licensee a certificate of registration of each changed location. Said certificate shall be in a form designed by the Department of State, but it shall at least specify the name under which the licensee operates, its license number and the address of the location to which the certificate of registration applies. The holder of a Class "F" or Class "G" license shall not be required to pay the $10 fee for each change of location.

History.-s. 13, ch. 63-340; ss. 10, 35, ch. 69-106; s. 4, ch. 75-230. 'Note.-This section, as amended, takes effect October 1, 1975.

493.14 Power of department to deny, suspend or revoke license.-

(!) The department may deny, refuse to renew, or may suspend or may revoke a license for any one or more of the following grounds:

(a) Fraud or willful misrepresentation in application for or in obtaining a license;

(b) Willfully and knowingly violating any of the provisions of this part by the licensee or any of his employees; _

(c) If the licensee or anyone in his employ has been adjudged guilty of the commission of a crime involving moral turpitude;

(d) A false statement by the licensee that any person is or has been in his employ;

(e) Jf the licensee or any of his or its employees

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is found guilty of willful betrayal of a professional secret;

(f) If the licensee or any of his employees is incompetent, or is guilty of conduct against the interest of the general public, or has been convicted of a felony in this, or any other state, and has not had his civil rights restored;

(g) Failure of the licensee to maintain in full force and effect the surety bond referred to in s. 493.09;

(h) Upon the disqualification or insolvency of the sureties of the bond referred to in s. 493.09, unless such licensee files a new bond with sufficient sureties within 30 days after notice from the Department oflnsurance ofthis state or of the surety company's home state;

(i) If the licensee impersonated, permitted, or aided and abetted an employee to impersonate, a law enforcement officer or any employee of this state, United States, or any political subdivision thereof;

(j) Willfully failed or refused to render to a client services or a report as agreed between the parties and for which compensation has been paid or tendered in accordance with the agreement of the parties;

(k) Committed assault, battery, or kidnapping; or used force or violence on any person except in selfdefense or in the defense of a client;

(l) Knowingly violated or advised, encouraged or assisted the violation of any court order or injunction in the course of business as a licensee;

(m) Acted as a runner or a capper for any attorney;

(n) Committed any act which is a ground for a denial of an application for license under this chapter and these acts.

If committed by the applicant prior to issuance of license, the foregoing shall be grounds for the refusal by the department to issue such license.

(2) Upon revocation or suspension oflicense, the licensee shall forthwith return the license which was suspended.

(3) The Department of State shall hold as confidential any information of a personal nature or that relating to the conduct of the trade or profession.

History.-s. 14, ch. 63-340; s . 9, ch. 65-390; ss. 10, 13, 35, ch. 69-106.

493.15 Cancellation of license.-In the event the licensee desires to cancel the license, he shall notify the Department of State and the department shall supply him with proper forms as designed by the Department of State to effectuate the cancellation of said license. Upon cancellation of said license, the licensee shall forthwith return to the Department of State the license so canceled.

History.-s. 15, ch. 63-340; ss. 10, 35, ch. 69-106.

493.16 Denial of application; hearing; appeal.-

(1) The department shall, upon denying an application for a license or before revoking or suspending any license, and at least 15 days prior to the date set for any hearing, and upon due notice to the complainant or objector, notify in writing the applicant for, or the holder of such license, of any grounds for denial or charge made and shall afford said appli-

cant, or licensee an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of same personally to the applicant or licensee, or by mailing same by registered or certified mail to the last known business address of such applicant or licensee. The hearing on such charges shall be at such time and place as the department shall prescribe, providing that it does not work a hardship on the applicant or defendant, and shall be conducted by such officer or person in the department as the department may designate, who shall have the power to subpoena and bring before the officer or person so designated any person in this state, and administer an oath to and take testimony of any person or cause his deposition to be taken with the same fees and mileage as prescribed by law in courts in this state in civil cases. Such officer or person in the department designated to take such testimony shall be bound by common law and statutory rules of evidence and by technical or formal rules of procedure that apply to the circuit courts of the state. In the event that the department shall deny the application for, or revoke or suspend any such license, its determination shall be in writing and officially signed. The original of such determination, when so signed, shall be filed in the office ofthe department and copies thereof shall be mailed to the applicant or licensee and to the complainant within 2 days after the filing thereof as herein prescribed.

(2) After notice of revocation, or suspension, or denial of application has been mailed, by registered or certified mail, to the applicant, or licensee, he shall have the time provided by the Florida Appellate Rules within which to appeal the revocation, suspension, or denial of the application to the circuit court of the judicial circuit within which he resides, or is domiciled.

History.-s. 16, ch. 63-340; s. 10, ch. 65-390; ss. 10, 35, ch. 69-106; s. 1, ch. 69-267.

493.17 Death oflicensee; carrying on of business.-

(1) Upon the death of an individual or individuals, of whose qualification a license under this part has been obtained, the business with which the decedent was connected may be carried on for a period of 90 days by the following:

(a) In the case of an individual licensee the surviving spouse, or, if there be none, the executor, or administrator of the estate of the decedent.

(b) In case of a partnership, the surviving partners.

(c) In case of an officer of a firm, company, association, organization or corporation, the other officers thereof.

(2) Upon the authorization of the Department of State the business may be carried on for a further period of time when necessary to complete any investigation or contract, or assist in any litigation pending at the death of the decedent.

(3) Nothing in this section shall be construed to restrict the sale of a business licensed pursuant to

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Ch. 483 CLINICAL LABORATORY LAW Ch ... - …fall.fsulawrc.com/collection/FlaStat/FlaStat1975/vol2/FlaStat1975v...determi~e which tests may be performed on speci ... Ch. 483 CLINICAL