Responsibilities and Duties - Records, Reports, Advertising, Applications, Enforcement and Penalties
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
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 44 No. 209, October 25, 2018 issue of the Florida Administrative Register.
5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications.
(1) Records: Pest control records of the licensee pertaining to pest control activities and including contracts shall be kept at the licensed business location or at the exact Florida address specified in the application for business license for inspection by department inspectors for a minimum period of two years. Additionally, routine operational records containing information on product brands (names), amounts, uses, dates, and places of application of restricted-use pesticides shall be kept at the licensed business location for a minimum period of two years. Records kept electronically must be provided to the department upon request. Licensees operating in the category of fumigation shall record the information above along with the individual fumigant cylinder identification number utilized to fumigate a structure. Records for preventive treatment of subterranean termites in new construction shall be maintained for a minimum period of three years pursuant to subsection 482.051(5), Florida Statutes.
(2) through (12) No change.
Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 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, 9-17-08, 1-4-09, 5-20-12, 1-9-17, 5-7-17,________.
5E-14.149 Enforcement and Penalties.
(1) through (5) No change.
(6) Notice of Noncompliance. Any department investigation or inspection which reveals minor violations of this rule chapter in which the department determines that the violator was unaware of the rule or unclear as to how to comply with it will result in the issuance of a notice of noncompliance as the department’s first response to the minor violation. The following violations shall result in the issuance of a notice of noncompliance:
(a) through (h) No change.
(i) Failure to comply with Section 482.1562, F.S.
(7) 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,________.
