The proposed rules are being developed to clarify recordkeeping requirements for pest control business licensees, to clarify the type of pest control business changes that require a licensee to notify their contract holders, to adopt more specific ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NO.:RULE TITLE:

5E-14.142Responsibilities and Duties - Records, Reports, Advertising, Applications

5E-14.149Enforcement and Penalties

PURPOSE AND EFFECT: The proposed rules are being developed to clarify recordkeeping requirements for pest control business licensees, to clarify the type of pest control business changes that require a licensee to notify their contract holders, to adopt more specific language clarifying the issuance of a notice of noncompliance, specifically what constitutes a minor rule violation as defined in Section 120.695 F.S., and to delineate what an intermediate violation is. In addition, language is being proposed to establish that a violation of Section 482.121 F.S. is a major violation. Finally, two additional types of criminal convictions are added to the list for which denial of pest control licensure is authorized.

SUBJECT AREA TO BE ADDRESSED: Clarification is needed in subsection 5E-14.142(1) regarding recordkeeping. A specific timeframe is not currently stated for the length of time that records are required to be kept at the licensed business locations. A two-year period is proposed for retention of such records and also for records relating to the application of Restricted Use Pesticides. In addition, language is stricken from subsection 5E-14.142(7) to clarify that licensees must notify all contract holders and the department of any change to the licensee’s business location and of any changes relating to responsibility for existing pest control contracts. Changes in subsection 5E-14.149(6) pertaining to the addition of Notice of Noncompliance language are in accordance with the requirements outlined in Section 120.695 F.S., which states that the department is to issue a Notice of Noncompliance as a first response to a minor violation of a rule. In addition, the rule changes will establish penalties for violations of Section 482.091, F.S. It is also being proposed that a violation of Section 482.121 F.S., misuse of a certified operator certificate, now be considered a major violation. Further it is proposed that paragraph (5)(c) is modified to include two additional conditions upon which the department may deny licensure for criminal convictions directly related to the practice of pest control.

RULEMAKING AUTHORITY: 482.051, 570.07(23), FS.

LAW IMPLEMENTED: 112.011, 120.695, 482.021(21), 482.032, 482.051(1),(5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.121, 482.161,(1)(g),(h), 482.163, 482.226(1), (6), 482.2265, FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Sarah Oglesby, Chief, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Bldg. 8, Tallahassee, FL 32399; [phone]; [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS AVAILABLE AT NO CHARGE FROM THE CONTACT PERSON LISTED ABOVE.