Proposed changes consist of expanding the articulated criminal offenses for which denial of an application for pest control licensure will be issued. Additionally, the proposed changes will add a question related to the ....

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.: RULE TITLES:

5E-14.117: Application for Department Credentials

5E-14.132: Certificate Issuance and Renewal Fees

5E-14.136: Fumigation Special Identification Card Examination, Renewal Fees, Forms, and Duties

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

5E-14.149: Enforcement and Penalties

PURPOSE AND EFFECT: Proposed changes consist of expanding the articulated criminal offenses for which denial of an application for pest control licensure will be issued. Additionally, the proposed changes will add a question related to the applicant’s criminal history to each application and renewal application for pest control licensure.

SUMMARY: Proposed modifications to Rule 5E-14.149, Florida Administrative Code, will expand the crimes requiring denial of licensure which are directly related to standards determined by the Department, for which denial of licensure is necessary and reasonably related to the protection of the public health, safety, and welfare. Rules 5E-14.117, .132, .136 and .142 will codify the revision date to multiple FDACS forms. All of the applications/forms for new and renewal licensure will be amended to include questions related to the applicant’s criminal history.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: There are no adverse regulatory impacts associated with implementing this rule. Proposed changes consist of expanding the articulated criminal offenses for which denial of an application for pest control licensure will be issued and including a question related to the applicant’s criminal history on each application and renewal application for licensure. These changes are intended to facilitate industry compliance and enhance consumer protections. They will impose negligible administrative costs which will not adversely affect small businesses or pest control operators. The adverse impact or potential regulatory costs of the proposed rule modifications did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statute. Additionally, no interested parties have submitted information regarding the economic impact of the proposed changes. Impacts to small businesses and other regulated entities will occur solely as a function of non-compliance and will not present any additional regulatory burden.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 482.051, 482.151, 482.1562, 570.07(23)

LAW IMPLEMENTED: 112.011(1)(a), 120.695, 482.021(21), 482.032, 482.051(1), (5), 482.061, 482.071, 482.091, 482.111, 482.111(5), (9), 482.121, 482.132, 482.132(1), 482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157, 482.161(1)(d), 482.163, 482.226(1), (6), 482.2265

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gerald Everton; [phone]; [e-mail]; 3125 Conner Blvd., Tallahassee, FL, 32399-1650

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-14.117 Application for Department Credentials.

(1) Applications for examination must be made within one year after the applicant’s employee identification card expiration date. To apply An applicant for examination or reexamination for a pest control operator’s certificate and special identification card, the applicant shall complete the application process online at https://www.FDACS.gov, or submit the following forms to 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650. All materials incorporated by reference in this rule can be requested from the Bureau of Licensing and Enforcement at 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650. Applications for examination must be made within one year after the applicant’s employee identification card expiration date.

(a) Pest Control Examination Application, FDACS-13607, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13393.

(b) through (c) No change.

(2) through (7) No change.

(8) An applicant for limited certification in Commercial Landscape Maintenance shall complete the initial exam application or renewal process online at https://www.FDACS.gov or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. No change.

2. Limited Certification for Commercial Landscape Maintenance Personnel, FDACS-13604, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13392.

3. through 4. No change.

(b) For renewal applicants:

1. No change.

2. Renewal Notice Limited Commercial Landscape Maintenance, FDACS-13680, Rev. 11/22 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-07310.

3. through 4. No change.

(9) No change.

(10) An applicant for limited certification for governmental pesticide applicators or private applicators shall complete the initial application for examination on line at https://www.FDACS.gov or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. No change.

2. Limited Certification for Government Pesticide Applicators or Private Applicators, FDACS-13610, Rev. 11/22 07/21, which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13394; and,

(b) For renewal applicants:

1. No change.

2. Applicants can renew on line at https://www.FDACS.gov, or submit either a Renewal Notice Limited Government/Private Certificate Lawn and Ornamental Category, (FDACS 13682, Rev. 11/22 09/16), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-07312, or a Renewal Notice Limited Government/Private Certificate Structural Category, FDACS 13683, Rev. 11/22 09/16, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-07313; and,

3. No change.

(11) Any person applying commercial fertilizer to an urban landscape must have a limited certification for urban landscape commercial fertilizer as provided herein. Applicants shall complete the initial application or renewal process online at https://www.FDACS.gov or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. through 2. No change.

3. Application for Limited Certification for Urban Landscape Commercial Fertilizer, FDACS-13677, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at  https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13397; and,

(b) For renewal applicants:

1. No change.

2. Renewal Notice Limited Commercial Urban Fertilizer Applicator Certificate, FDACS 13681, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at  https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13398; and,

3. No change.

(12) An applicant for limited certification for commercial wildlife management shall complete the initial application for examination or renewal process online at https://www.FDACS.gov or submit the following by mail to the address as instructed on the form:

(a) For Initial applicants:

1. No change.

2. Limited Certification for Commercial Wildlife Management, FDACS-13685, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13399; and,

3. No change.

(b) For renewal applicants:

1. No change.

2. Recertification Notice Limited Commercial Wildlife Management, (FDACS-13684, Rev. 11/22 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-07317,

3. through 4. No change.

(13) No change.

Rulemaking Authority 482.051, 482.151, 482.1562, 570.07(23) FS. Law Implemented 112.011(1), 482.111, 482.132, 482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.117, Amended 8-11-93, 7-5-95, 5-28-98, 4-29-02, 7-11-07, 2-24-09, 5-12-10, 5-20-12, 1-9-17, 8-8-21,              .

 

5E-14.132 Certificate Issuance and Renewal Fees.

(1) No change.

(2) Each certified pest control operator shall be certified as provided by this rule. An applicant shall complete the application process online at https://www.FDACS.gov or submit the issuance fee as defined in subsection (1) above, with the Application for Pest Control Operator’s Certificate, FDACS-13608, Rev., 11/22 10/16, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX http://www.flrules.org/Gateway/reference.asp?No=Ref-07318, to the address as instructed on the form.

(3) Annually, the department shall mail the Renewal Notice Certified Pest Control Operator, FDACS-13638, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13395, to the pest control operator’s last known address filed with the department by the operator. Not less than 60 days prior to the expiration of a certificate, a final renewal notice shall be mailed to each certified operator who has not renewed their certificate. These notifications shall be the only notice of renewal issued by the department.

(a) Upon receipt of the renewal form referenced above in subsection (3), an operator may renew his or her certificate annually by completing the renewal application process online at: https://www.FDACS.gov or submitting the renewal fee as referenced above in subsection (1), with the Renewal Notice Certified Pest Control Operator, FDACS-13638, Rev. 11/22 10/15, as referenced and adopted in subsection (3) above, to address as instructed on the form.

(b) No change.

(4) No change.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011(1), 482.111, 482.132(1) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, Formerly 10D-55.132, Amended 8-11-93, 7-5-95, 5-28-98, 4-29-02, 1-9-17, 8-8-21,                .

 

5E-14.136 Fumigation Special Identification Card Examination, Renewal Fees, Forms, and Duties.

(1) No change.

(2) An applicant shall apply for examination by completing the application process online at https://www.FDACS.gov or submit the examination fee with the Pest Control Examination Application FDACS-13607, Rev., 11/22 07/21, as referenced in paragraph 5E-14.117(1)(a), F.A.C., as instructed on the form.

(3) Annually, the department shall mail the Renewal Notice Special Fumigation Identification Card, FDACS-13641, Rev. 11/22 10/15, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-07327, to the pest control operator’s last known address filed with the department by the Special Fumigation Identification Card holder. Not less than 60 days prior to the expiration of a certificate, a final renewal notice shall be mailed to each Special Identification Card holder who has not renewed his special identification card. These notifications shall be the only notice of renewal issued by the department.

(a) Upon receipt of the renewal form referenced above in subsection (3), a cardholder may renew his or her certificate annually by completing the renewal application process online at: https://www.FDACS.gov or submitting the renewal fee as referenced above in subsection (1), with the Renewal Notice Special Fumigation Identification Card, FDACS-13641, Rev. 11/22 10/15, to address as instructed on the form.

(b) through (c) No change.

(4) through (7) No change.

Rulemaking Authority 482.051, 482.151, 570.07(23) FS. Law Implemented 112.011(1), 482.151 FS. History–New 1-1-77, Formerly 10D-55.136, Amended 7-5-95, 5-28-98, 4-29-02, 1-9-17, 8-8-21,                    .

 

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

(1) through (8) No change.

(9) Business license application: In accordance with Section 482.071(1), F.S., the following information shall be submitted online at http://www.FDACS.gov or viasubmit the Pest Control Business License Application, FDACS-13605, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13514.

(a) through (c) No change.

(d) Either the licensees or the licensee’s certified operator in charge must also submit an Application for Pest Control Employee-Identification Card, FDACS-13606, Rev. 11/22 07/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX https://www.flrules.org/Gateway/reference.asp?No=Ref-13515, with each original or renewal business license application, or any business license change (Change of Address, Change of Name or Change of Owner), or within 30 days of employment of that employee in accordance with Section 482.091(1)(b), F.S.

(10) through (12) No change.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011(1), 482.021(21), 482.032, 482.051(1), (5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.163, 482.226(1), (6), 482.2265 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 1-20-87, 10-25-90, Formerly 10D-55.142, Amended 8-11-93, 5-28-98, 4-29-02, 4-17-03, 6-2-04, 6-1-06, 7-23-08, 9-17-08, 1-4-09, 5-20-12, 1-9-17, 5-7-17, 2-27-19, 9-21-21,                  .

 

5E-14.149 Enforcement and Penalties.

(1) through (4) No change.

(5) Denial. The Department will deny application for licensure if:

(a) through (b) No change.

(c) A person has been convicted of a crime under state or federal law that is directly related to standards determined by the Department, for which denial of licensure is necessary and reasonably related to the protection of the public health, safety, and welfare for the structural pest control business, including the following:

1. A felony or first-degree misdemeanor conviction under any state or federal law involving dishonesty, violence, destruction of property, or sexual misconduct or which directly relates to the practice of pest control within the past three years.

2. A felony or first-degree misdemeanor conviction under any state or federal law, which is more than three (3) years old, involving dishonesty, violence, destruction of property, or sexual misconduct, or which directly relates to the practice of pest control, and where the applicant has not completed any term of probation or parole and the conditions thereof. sentence imposed by the court unless the person has been released on probation and has complied with all the terms and conditions of probation.

3. A felony or first-degree misdemeanor conviction of any offense that serves as a predicate to registration as a sexual offender in accordance with s. 943.0435 or ss. 491.0112, 784.049(3)(b), 794.08, 796.08, 800.101, 826.04, 847.012, 872.06(2), 944.35(3)(b)2., 951.221(1), F.S. or similar laws of any other state. at any time under any state or federal law involving sexual misconduct with a minor child under the age of fourteen (14) years and the person has been classified as a sexual offender as defined in Section 943.0435, F.S.

4. A felony or first-degree misdemeanor conviction under s. 775.33(4), 782.04(1), (2), (3), or 782.09, F.S., which resulted in the actual killing of a human being, or similar laws of any other state.

5.4. A felony or first-degree misdemeanor conviction at any time under any state or federal law and the person has been classified as a sexual predator pursuant to Section 775.21, F.S. or similar laws of any other state.

5. A felony or first degree misdemeanor under any state or federal law, which directly relates to the practice of pest control within the past three years.

6. A felony or first degree misdemeanor under any state or federal law, that is more than three years old, which directly relates to the practice of pest control and has not completed any sentence imposed by the court, unless the person has been released on probation and has complied with all the terms and conditions or probation.

(6) through (9) No change.

(10) Suspension and Revocation.

(a) Suspension will be imposed when:

1. The violation results in death of humans or domestic animals or pets, or injury requiring hospitalization to humans.

2. The violation results in serious harm to an ecological system, or contamination of water or soil requiring corrective action or monitoring to protect human health or the environment.

3. The compliance record of the violator shows two or more prior violations for similar major violations within the last three (3) years.

4. The licensee, certificate holder, permit holder or applicator has habitual intemperance or addiction to narcotics to the extent that it contributes substantially to the occurrence of violations of Chapter 482, F.S.

5. A person has obtained licensure of any kind under Chapter 482, F.S., and the Department subsequently determines that the person that is the holder of the licensure falls into any of the categories set forth in paragraph (5)(c), above, that would be cause for denying licensure.

5.6. A licensee or certificate holder has been found by the Department to be in violation of Section 482.121, F.S.

6.7. When a permit holder pursuant to Section 482.0815(4) or (6), F.S., meets the conditions therein.

(b) Revocation will be imposed when:

1. A violator does not comply with a suspension order, or if a licensee or certificate holder has been suspended twice in three years.

2. A person has obtained licensure of any kind under Chapter 482, F.S., and the Department subsequently determines that the person that is the holder of the licensure falls into any of the categories set forth in paragraph (5)(c), above, that would be grounds for denying licensure under Chapter 482, F.S., and the person will not be able to correct or cure the grounds for denying licensure within a period of two years.

(11) through (15) No change.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 112.011, 120.695, 482.121, 482.161, 482.163 FS. History–New 7-13-06, Amended 7-11-07, 8-4-08, 5-20-12, 2-27-19,

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kelly Friend, Director, Division of Agricultural Environmental Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture: Nicole “Nikki” Fried

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 08, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 16, 2022