The proposed rules update and clarify existing rule language regarding examinations for licensure. In addition, this rulemaking will implement changes made to Chapter 487, F.S., during the previous legislative session.

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-9.026Procedures for Pesticide Applicator Certification, Licensure, and License Renewal

5E-9.037Enforcement and Penalties

PURPOSE AND EFFECT: The proposed rules update and clarify existing rule language regarding examinations for licensure. In addition, this rulemaking will implement changes made to Chapter 487, F.S., during the previous legislative session.

SUMMARY: The proposed rules implement changes made during the 2024 Legislative Session regarding consequences for those who cheat on licensure examinations. Revisions are also being made to allow for examinations to be administered in languages other than English. References to incorporated forms are being updated for clarity and consistency, and a new rule is being adopted to provide guidance regarding license denials.

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: Proposed changes consist of implementing changes to Chapter 487, F.S., clarifying existing rule text, and eliminating a requirement that examinations be administered in English only. There are no adverse regulatory impacts associated with these changes, and no interested party submitted additional information regarding the economic impact.

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: 487.0435, 487.046, 487.175, 570.07(23) FS.

LAW IMPLEMENTED: 487.031, 487.044, 487.046, 487.049, 487.175 FS.

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: Michael Moore; [phone]; [e-mail]; 3125 Conner Blvd., Tallahassee, FL 32399-1650.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

5E-9.026 Procedures for Pesticide Applicator Certification, Licensure, and License Renewal.

(1) Certification. All individuals seeking pesticide applicator licensure shall demonstrate competency in the responsible use of pesticides by successfully completing the appropriate pesticide applicator examination(s) specified in this chapter for each classification of licensure. All examinations shall be written in the English language and administered by the department or its authorized agents as written, closed-book examinations. Examinations may be offered in languages other than English. Questions that reference a pesticide label must use the English version of that label. Examinations will not be translated into other languages orally, in writing, or in any other form. Examinations shall be undertaken and completed by the examinee without assistance from other individuals. The department shall set passing scores and determine if the certification standards have been met for the desired licensure. Examination scores shall be valid for 12 months after the date of examination.

(2) Examination procedures and violations. In-person and remote-proctored examination rules and procedures shall be published and presented to each examinee prior to examination. If the Department determines that an examinee has violated examination rules and procedures, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination. 

(c) An examinee who has had three (3) remote-proctored exams invalidated due to violation of examination rules and procedures will not be permitted to utilize the remote testing platform and must test in-person.

(3) Cheating. Cheating on an examination includes using any method intended to defeat the purpose of testing the personal knowledge and competence of the applicant to apply pesticides but is not limited to using electronic devices to communicate with other individuals or devices, using study materials or other unapproved resources during the examination including accessing websites not approved for use during the examination, communicating with other testers in the test session by any means, using copied or stolen examination questions before or during the examination, photocopying, photographing, or otherwise duplicating the test questions in whole or in part, and the use of an electronic device to search for answers to exam questions. If the Department determines that an examinee has cheated, the following shall occur:

(a) The exam results will be invalidated.

(b) Forfeiture of all fees associated with the examination.

(c) Upon the first instance, the examinee will not be permitted to take any pesticide examination offered by the Department for one (1) year from the date of said occurrence. Any subsequent determination that an examinee has cheated shall result in the imposition of a five (5) year ban from taking any pesticide examination offered by the Department. 

(4)(2) Licensure. If the certification standards have been met, the department shall provide the appropriate license application, form FDACS-13312 DACS-13312, Rev. 05/04, for a private applicator license, form FDACS-13313 DACS-13313, Rev. 05/04, for a public applicator license, or form FDACS-13310 DACS-13310, Rev. 05/04, for a commercial applicator license, to the individual. The following materials must be received by the department before a pesticide applicator license shall be issued: documentation of certification earned within the previous 12 months; completed application; completed Ddesignation of Rregistered Aagent and Registered Office for a Nonresident Restricted-Use Pesticides Licensee, form FDACS-13711, XX/XX INHSE-30, Eff. 6/92, if applicable; copy of pilot’s license (aerial category licensure only); proof of age, if requested; and appropriate fee. License applicants may designate one or more authorized purchasing agents by submitting a completed Authorized Purchasing Agent Designation, FDACS-13352 DACS-13352, Rev. 05/04, along with the license application. Applicators must submit the required documents online at: http://www.fdacs.gov or Materials shall be submitted to the Bureau of Licensing and Enforcement Pesticide Certification Office, P.O. Box 6710, Tallahassee, Florida 32314-6710. Pesticide applicator licenses shall expire at the end of the month no more than four (4) years from issue date.

(5)(3) License Renewal. It shall be the responsibility of each licensee to renew the license at the time of expiration. Requests for renewal of pesticide applicator licenses shall be made by submitting to the department the following materials: a signed request for license renewal; documentation of recertification; completed Ddesignation of Rregistered Aagent and Registered Office for a Nonresident Restricted-Use Pesticides Licensee, form FDACS-13711, XX/XX INHSE-30, Eff. 6/92, if applicable; proof of age, if requested; and payment of the appropriate license fee. Applicators must submit the required documents online at: http://www.fdacs.gov or Materials shall be submitted to the Bureau of Licensing and Enforcement Pesticide Certification Office at the above address and must be received no later than the license expiration date for the license to be renewed with continual licensure. Renewed pesticide applicator licenses shall expire no more than four (4) years from the previous expiration date.

(6)(4) Forms. The following forms may be obtained from the department’s Bureau of Licensing and Enforcement are hereby incorporated by reference. Forms DACS-13312, Rev. 05/04, DACS-13310, Rev. 05/04, DACS-13313, Rev. 05/04, and DACS-13352, Rev. 05/04 may be downloaded from the web site http://www.safepesticideuse.com or obtained from the Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399-1650 or online as provided below., telephone [phone]. Form INHSE-30, Eff. 6/92, may be obtained from the Florida Department of State, Division of Corporations, 409 East Gaines Street, Tallahassee, Florida 32399, telephone [phone].

(a) Application for Private Applicator License (FDACS-13312 DACS-13312, Rev. 05/04), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX Florida Department of Agriculture and Consumer Services.

(b) Application for Public Applicator License (FDACS-13313 DACS-13313, Rev. 05/04), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX Florida Department of Agriculture and Consumer Services.

(c) Application for Commercial Applicator License (FDACS-13310 DACS-13310, Rev. 05/04), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX Florida Department of Agriculture and Consumer Services.

(d) Authorized Purchasing Agent Designation (FDACS-13352 DACS-13352), Rev, 05/04, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX Florida Department of Agriculture and Consumer Services. 

(e) Designation of Registered Agent and Registered Office for a Nonresident Restricted – Use Pesticides Licensee, FDACS-13711, XX/XX, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX (INHSE-30, Eff. 6/92), Florida Department of State.

Rulemaking Authority 487.0435, 487.046, 487.175, 570.07(23) FS. Law Implemented 487.031, 487.044, 487.046, 487.049, 487.175 FS. History–New 6-9-94, Amended 7-2-95, 9-24-98, 9-16-04,                   .

 

5E-9.037 Enforcement and Penalties

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

(a) A person fails to comply with the licensing requirements of Chapter 487, F.S., or Chapter 5E-9, F.A.C., or

(b) A person has cheated on an exam pursuant to subsection 5E-9.026(3), F.A.C., or

(c) All outstanding fines owed to the Department are not paid in full unless the person seeking licensure has entered into a written settlement agreement with the Department to pay the fine, which has been filed with the agency clerk, and the person has made the payments timely as provided in the settlement agreement.

(2) Revocation will be imposed when:

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

(b) A person has obtained licensure of any kind under Chapter 487, F.S., and the Department subsequently determines that the person cheated on an exam.

Rulemaking Authority 487.046, 487.175, 570.07(23) FS. Law Implemented 487.031, 487.046, 487.175 FS. History–New           .

 

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: Wilton Simpson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 18, 2024