The purpose of this rulemaking is to update forms incorporated by reference, to update statutory authority, to clarify qualifications, and to require consumer notice regarding the terms of wood destroying organisms contracts. The effect of this ...  

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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Environmental Services

    RULE NO.: RULE TITLE:

    5E-14.1025: Inspections and Investigations

    5E-14.105: Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms

    5E-14.117: Application for Examination for Department Applicator Credentials

    5E-14.132: Certificate Issuance and Renewal Fees

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

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

    5E-14.1421: Identification Card - Training Verification

    PURPOSE AND EFFECT: The purpose of this rulemaking is to update forms incorporated by reference, to update statutory authority, to clarify qualifications, and to require consumer notice regarding the terms of wood destroying organisms contracts.  The effect of this rulemaking will be to provide notice of revisions to the forms incorporated by reference in the rule, update statutory authority, incorporate forms used to apply for department issued credentials, clarify qualifications for certified operator exam and special identification cards, and require that a consumer notice of terms of wood destroying organisms contract be signed by the consumer prior to contract execution.

    SUMMARY: Other than technical rule changes that include updates to forms incorporated by reference and clarifications on the qualifications to take an exam to become a Pest Control Operator (PCO), the rule eliminates a $150 fee for new PCO licensees and eliminates a $50 fee for late renewal of Limited Commercial Fertilizer Certificates. Additionally, the rule requires that a consumer notice of terms of wood destroying organisms contract be signed by the consumer prior to contract execution.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS (SERC) AND LEGISLATIVE RATIFICATION: The Agency has determined that this rule 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 pre-SERC has been prepared by the agency and determined that the regulatory costs are negligible. The Agency has determined that the proposed rule is not expected to require legislative ratification based on this assessment. 

    The Department’s economic analysis of the adverse impact or potential regulatory costs of the proposed rule did not exceed any of the criteria established in Section 120.541(2)(a), Florida Statutes.  As part of this analysis, the Department relied upon a pre-SERC as conducted by the Department’s lead economist.  Additionally, no interested party submitted additional information regarding the economic impact.

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

    RULEMAKING AUTHORITY: Sections 482.051, 482.091, 482.1562, 570.07(22), 570.07(23), FS.

    LAWS IMPLEMENTED: Sections 482.051, 482.061, 482.091, 482.111, 482.132, 482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157, 482.161, 482.226, 570.02(1), 570.07(23), FS.

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

     

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Dale Dubberly; (850) 617-7996; Dale.Dubberly@FreshFromFlorida.com; 3125 Conner Blvd., Tallahassee, FL, 32399-1650

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    5E-14.1025 Inspections and Investigations.

    (1) The department will conduct routine inspections or for cause investigations of licensees, certified operators, special identification cardholders, employee identification cardholders, all limited certificate holders, and any other person, pursuant to s. 482.061, F.S., in order to ensure:

    (a) The protection of the health, safety, and welfare of pest control employees and the general public.

    (b) Compliance with Chapter 482, Florida Statutes, and/or Chapter 5E-14, Florida Administrative Code.

    (2) The following forms will be used in department inspections and investigations.  Copies of these forms may be obtained from the department’s Bureau of Inspection and Incident Response, 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650 or online as provided below.

    (a) Fumigation Inspection Report, (FDACS-13629, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (b) Licensee Inspection Pest Control Business, (FDACS-13630, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (c) Notice of Inspection Pest Control Business, (FDACS-13633, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (d) Notice of Inspection Pest Control Service Vehicle Inspection, (FDACS-13655, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (e) Notice of Inspection, (FDACS-13656, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (f) Affidavit - Pretreatment, (FDACS-13658, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (g) Affidavit, (FDACS-13661, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (h) Licensee Inspection Termites and Other Wood-Destroying Organisms Category, (FDACS-13672, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (i) Licensee Inspection Pesticide Product Review, (FDACS-13673, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (j) Licensee Inspection Fumigation Category, (FDACS-13674, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (k) Field Advisory Notice, (FDACS-13675, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (l) Notice of Inspection Limited Certification Commercial Landscape Maintenance Inspection, (FDACS-13676, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (m  Request for Investigation, (FDACS-13621, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (n) Report of Investigation, (FDACS-13640, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (o) Request for Inclusion on AHB Bee Eradication or Removal List, (FDACS-13689, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (p) Company Response To Consumer Allegation, (FDACS-13620, Rev.10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (q) Request for Information, (FDACS-13678, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (r) Illegal/Unlicensed Pest Control Operations Report Form, (FDACS-13687, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    (s) Pesticide Sample Collection Report, (FDACS-13234, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    Rulemaking Authority 482.051, 570.07(22), 570.07(23),  FS. Law Implemented 482.051, 482.061, FS. History–New                        .

     

    5E-14.105 Contractual Agreements in Public’s Interest – Control and Preventive Treatment for Wood-Destroying Organisms.

    (1) Each licensee must enter into a written contract with the property owner or his authorized agent for each treatment for control or prevention of wood-destroying organisms.  No such contract shall be entered into after six (6) months following the effective date of this rule without first obtaining specific written consent signed by the property owner or authorized agent using the Consumer Notice Form, (FDACS-13692, Rev 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX or at 3125 Conner Boulevard, Bldg 8, Tallahassee, Florida 32399-1650.

    (2) Such contract, except as provided in subsection (3) of this section, or an exact copy facsimile thereof must be given to the property owner or his authorized agent for acceptance or rejection before any portion of the work is done and before payment, in part or in full, is received by the licensee. The contract shall clearly set forth the following information:

    (a) The complete name and address of the property owner or authorized agent and the complete address of the property to be treated.

    (b) All buildings or structures on the property to be included for treatment.

    (c) The complete name and business address of the licensee.

    (d) The date upon which the written contract is entered into, the period of time covered by the contract, and renewal option, if any.

    (e) The complete common name(s) of the wood-destroying organism(s) to be controlled or for which preventive treatment is intended under the contract. Any contract issued after the effective date of this amendment for the treatment or prevention of termites must clearly state on the first page if the contract covers subterranean termites, dry wood termites, or both. If Formosan termites (Coptotermes formosansus), or other invasive termite species, are to be excluded from coverage, the this species must be named as excluded.

    (f) If an existing infestation is known to be present at the time of treatment, Whether the treatment is for control of existing infestation or prevention of infestation

    (g) Whether or not reinspections are to be made under the contract and, if so, approximate time intervals between reinspections, and fees other than renewal fees for same, if any.

    (h) The conditions under which retreatments (for reinfestation) will be made; and conditions under which repairs will be made, if any.

    (i) The total maximum price to be charged for treatment service, the exact annual renewal fees to be charged under the contract, if any; and the total maximum price to be charged for structural repairs, if any, shown separately.

    (j) If the performance of the work is guaranteed by any type or form of bond, the obligations of the bond shall be set forth specifically: i.e., necessary retreatments, repairs, etc. in wording identical to that in the bond itself.

    (k) The signature of the licensee or his authorized representative, and the signature of the property owner or authorized agent.

    (3) through (6) No change.

    (7) A structure shall not be knowingly placed under a second contract for the same wood-destroying organism control or preventive treatment in disregard of the first contract, without first obtaining specific written consent signed by the property owner or authorized agent using the Consumer Consent Form,­ (FDACS- form 13671 Rev. 10/15) 10/08 Consumer Consent Form, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.asp?No=Ref-XXXXX, and on the department’s website under the header “Forms” at http://www.FreshFromFlorida.com/onestop/aes/pestcont.html or at 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650.

    (8) through (9) No change.

    Rulemaking Authority 482.051, 570.07(22), and 570.07(23) FS. Law Implemented 482.051(3) FS. History–New 1-1-77, Joint Administrative Procedures Committee Objection Withdrawn – See FAW Vol. 3, No. 30, July 29, 1977, Amended 6-27-79, 10-25-90, Formerly 10D-55.105, Amended 8-11-93, 4-17-03, 6-1-06, 9-17-08, 11-26-08,                            .

    5E-14.117 Application for Examination for Department Applicator Credentials.

    (1) An applicant for examination or reexamination for a pest control operator’s certificate and special identification card shall complete the application process online at http://www.FreshFromFlorida.com, or shall complete and submit the following: forms to 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) FDACS-13607, Pest Control Examination Application, (FDACS-13607, Rev. 10/15) 05/08, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX:

    (b) FDACS-13627, Employment Service, (FDACS-13627, Rev, 10/15) 08/08, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX:

    (c) FDACS-13653, Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev, 10/15) 09/08, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

    (d) A passport type and quality, full-face photograph of the applicant at least one and one-half inches by one and one-half inches in size. The above referenced forms are hereby adopted and incorporated by reference and available on the Department’s website at http://www.FreshFromFlorida.com/onestop/aes/pestcont.html.

    (2) Each applicant shall submit affidavits documenting qualifications for examinations as provided by Section 482.132, F.S.

    (2)(3) An applicant having three years documented service employment with a licensee who performs pest control in all categories, as defined in Section 482.021(3), Florida Statute, is qualified for examination in all categories, provided however that:the applicant has a minimum of nine (9) months service employment in each category for which he makes application for examination.

    (4) The applicant must have a minimum of nine (9) months service employment in each category for which he makes application for examination.

    (3)(5) An applicant having three years service employment with a licensee who performs pest control in less than all categories is qualified for the examination in those categories only, provided however, that: unless an applicant, already certified, qualifies for examination in an additional category after having nine (9) months service employment with a licensee who performs pest control in such additional category.

    (6) An applicant may qualify for examination in an additional category after having nine (9) months service employment with a licensee who performs pest control in such additional category.

    (4)(7) A dDepartment identification card held for three years as a service employee will constitute proof of experience with respect to the time requirement in (2), or (3). A maximum of two (2) years of documented Documented out-of-state experience claimed will be credited on an equivalent basis. The department will accept the following documents as proof of out of state experience: payroll records; notarized letters of experience; and certifications regulating pest control issued by an out-of-state agency. Agricultural pesticide applicator licenses/licensing do not apply toward the credit or equivalent basis.

    (5)(8) Any applicant for examination whose license, identification card, pest control operator’s certificate, or special identification card has been denied (issuance stopped), suspended is under suspension, revoked revocation or is on probation by the department, shall not be permitted to take any examination while under such denial, suspension, revocation or probation.

    (6)(9) Applicants may be examined for certification in one or more of the following categories of pest control:

    (a) Fumigation;

    (b) General household pest control, which includes rodent control;

    (c) Termite or other wood-infesting organism control;

    (d) Lawn and ornamental pest control.

    (7)(10) Prior to application for examination,

    (a) Aan applicant for examination for Termite/Wood Destroying Organism Pest Control, Lawn and Ornamental Pest Control, or General Household Pest Control certification must:

    1. Pparticipate in a minimum of 45 jobs in Florida under the supervision of a certified operator in each category that the applicant seeks certification­

    2. Document all 45 jobs on the Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev. 10/15), and the supervising certified operator shall certify the documented jobs were participated in by the applicant under their supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work.

    (b) An applicant for the Fumigation certification and a Special Identification Card must:

    1. Pparticipate in a minimum of 15 jobs in Florida under the supervision of a certified operator prior to application for examination.

    2. Document their participation in 15 general fumigations (as defined by subsection 5E-14.102(4), F.A.C.) on the Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev.10/15), as adopted in section 5E-14.117(1)(c) and the supervising certified operator shall certify that the documented jobs were participated in by the applicant under their supervision and that the applicant has demonstrated the requisite knowledge to perform and/or supervise such work.

    3. Applicants for special identification card examination are not required to be high school graduates.

    An applicant for Termite/Wood Destroying Organism Pest Control, Lawn and Ornamental Pest Control, or General Household Pest Control certification shall document all 45 jobs on FDACS-13653 and the supervising certified operator shall certify that the documented jobs were participated in by the applicant under his supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work. An applicant for the Fumigation certification and a Special Identification Card examination shall document their participation in 15 general fumigations (as defined by subsection 5E-14.102(4), F.A.C.) on FDACS-13653, and the supervising certified operator shall certify that the documented jobs were participated in by the applicant under his supervision and that the applicant has demonstrated the requisite knowledge to perform and supervise such work.

    (c) For purposes of this section, a “job” shall mean the active participation in all aspects of a complete individual pesticide application or inspection, specific to a target pest at a designated location and address, in the pest control category for which the applicant has applied for examination. If seeking to be examined in the Termite and Other Wood Destroying Organism Pest Control Category, an applicant shall not submit more than 15 wood-destroying organism inspections as described in Rule 5E-14.142(2)(c), Florida Administrative Code, as part of the 45 job requirement.

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

    (a) For initial applicants:

    1. The initial an examination fee of $150,

    2. Limited Certification for Commercial Landscape Maintenance Personnel, (FDACS-13604, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX,

    3. Documentation of obtaining six (6) hours of plant bed and ornamental training approved by the department using the Record of Attendance for Continuing Education Units (CEUs), (FDACS-13325, Rev. 10/13), as adopted in Rule 5E-9.029, F.A.C., and

    4. Proof of insurance using the Certificate of Insurance, (FDACS-13688, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX:.

    (b) For renewal applicants,

    1. The annual recertification fee of shall be $75,

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

    3. Documentation of obtaining four (4) hours of acceptable continuing education training submitted on the Record of Attendance for Continuing Education Units (CEUs), (FDACS-13325, Rev. 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code, and

    4. Proof of insurance using form, Certificate of Insurance, (FDACS-13688, Rev. 10/15), as referenced in section 5E-14.117(8)(a)(4), F.A.C.

    (12) Applicants shall be examined for special identification card in fumigation pursuant to Section 482.151(3), F.S.

    (13) Each applicant for examination shall submit evidence of having participated in as many general fumigation operations as possible but not fewer than 15 general fumigation operations within this state under the supervision of a certified operator certified in fumigation.

    (14) Applicants for special identification card examination are not required to be high school graduates.

    (15) Each applicant for special identification card examination must submit proof to the department that he is not under the disabilities of minority and is qualified to be a special identification cardholder with safety to persons and property.

    (9)(16) An applicant who fails to pass one or more category or special identification card examinations may reapply for examination upon filing the prescribed application accompanied by a fee of $300 for each category examination or $200 for each special identification card examination.

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

    (a) For initial applicants:

    1. The an examination fee is of $150.

    2, Application for Limited Certification for Government Pesticide Applicators or Private Pesticide Applicators, (FDACS-13610, Rev. 10/15), which is hereby incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX and

    (b) For renewal applicants:

    1. The renewal fee for the limited government/private certificate of $25.00

    2. Applicants can renew on line at http://www.FreshFromFlorida.com, or submit either a Renewal Notice Limited Government/Private Certificate Lawn and Ornamental Category, (FDACS 13682, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, or a Renewal Notice Limited Government/Private Certificate – Structural Category, (FDACS 13683, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and

    3. Proof of having obtained four (4) classroom hours of acceptable continuing education training, that is documented and submitted on the Record of Attendance for Continuing Education Units (CEUs) (DACS 13325, Rev. 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code.  

    (11)(18) Beginning January 21, 2014, a 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 http://www.FreshFromFlorida.com or submit the following by mail to the address as instructed on the form:

    (a) For initial applicants:

    1. The application fee of $25.00,

    2. for limited certification for urban landscape commercial fertilizer must submit Aa copy of the training certificate issued pursuant to Section 403.9338 F.S., with their completed

    3. Application for Limited Certification for Urban Landscape Commercial Fertilizer, (FDACS-13677, Rev. 10/15), 08/09 which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and the application fee of $25.00, and

    (b) For renewal applicants:

    1. The renewal fee of for the limited certificate for urban landscape commercial fertilizer is $25.00,

    2. Renewal Notice Limited Commercial Urban Fertilizer Applicator Certificate, (FDACS 13681, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and

    3. Proof of having obtained four (4) classroom hours of acceptable continuing education training documented on the Record of Attendance for Continuing Education Units (CEUs), (FDACS 13325 Rev. 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code.  At least two (2) hours of this training must address fertilizer best-management practices.

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

    (a) For Initial applicants:

    1.  The initial an examination fee of $150, with

    2.  their completed application using the form entitled, Limited Certification for Commercial Wildlife Management, (FDACS-13685, Rev. 10/15) 09/11, that may be obtained by visiting http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.asp?No=Ref-00988, which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, and

    3. Proof of insurance using the Certificate of Insurance, (FDACS-13688, Rev. 10/15), as referenced in section 5E-14.117(8)(a)(4), F.A.C.

    (b) For renewal applicants:

    1. The certificate holders shall submit an annual recertification fee of $75.00,

    2. their completed Recertification Notice Limited Commercial Wildlife Management, (FDACS-13684, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX:Rev 02/12,

    3. Proof of having obtained four (4) classroom hours of acceptable continuing education training documented on the form entitled, Record of Attendance for Continuing Education Units (CEUs), (FDACS-13325, Rev. 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code, and

    4. Proof of insurance, using the Certificate of Insurance, (FDACS-13688, Rev. 10/15), as referenced in section 5E-14.117(8)(a)(4), F.A.C. and may be obtained by visiting http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.asp?No=Ref-01206.

    (20) All forms and filing specifications contained in this rule are hereby adopted and incorporated by reference and may be obtained by contacting the Florida Department of Agriculture and Consumer Services, Bureau of Licensing and Enforcement, 3125 Conner Boulevard, Suite N, MS C-41, Tallahassee, Florida 32399-1650, (850) 617-7997.

    (13) All applicants for all certifications must be 18 years of age or older.

    Rulemaking Authority 482.051, 482.1562, 570.07(23) FS. Law Implemented 482.111, 482.131, 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,                                          .

     

    5E-14.132 Certificate Issuance and Renewal Fees.

    (1) The fee for issuance of each original certificate, and the fee for renewal thereof, shall be $150.

    (2)(1) Each certified pest control operator shall be certified as provided by this rule. An applicant shall complete the application process online at http://www.FreshFromFlorida.com or Application shall be made and the issuance fee paid to the Department submit the issuance fee as defined in subsection (1) above with the Application for Pest Control Operator’s Certificate, (FDACS-13608, Rev, 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX to the address as instructed on the form. Application for the original certificate must be made within 60 days from the date of written notification of passing examination. During a period of 30 calendar days following expiration of the 60-day period, an original certificate may be issued; however, a late issuance charge of $50 shall be assessed and paid in addition to the issuance fee. No original certificate shall be issued after expiration of the 30-day period without reexamination.

    (3)(2) Annually, the department shall mail the Renewal Notice Certified Pest Control Operator, (FDACS-13638, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXX, to the pest control operator’s last known address filed with the deparment 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 section (3), an operator may renew his or her certificate annually by completing the renewal application process on line at: http://www.FreshFromFlorida.com or submitting the renewal fee as referenced above in subsection (1) with the Renewal Notice Certified Pest Control Operator, (FDACS-13638, Rev. 10/15), as referenced and adopted in subsection (3) above to address as instructed on the form. Each individual issued a pest control operator’s certificate shall apply to the Department for renewal of his certificate on or before June 1 of each year on Department of Agriculture and Consumer Services form FDACS-13638, Rev 3/02, entitled “Renewal Notice”, which is incorporated by reference, and mailed by the Department.

    (b) After a grace period of 30 calendar days following the anniversary date of each year, there shall be a late renewal charge of $50 which shall be assessed and paid in addition to the renewal fee. Unless renewed as provided by this section, each certificate shall automatically expire 180 calendar days after the renewal date. Subsequent to such expiration, a certificate may be issued only upon successful reexamination and upon payment of examination and issuance fees due as provided by this rule.

    (3) The fee for issuance of each original certificate, and the fee for renewal thereof, shall be $150.

    (4) Standards for approval of continuing education providers:

    (a) Providers seeking approval shall apply to the department on line at https://ceu.FreshFromFlorida.com or submit the Request For Granting Continuing Education Units(CEUs) For Renewal of Pesticide Applicator Licenses and Certificates, (FDACS-13326, Rev. 10/15), as adopted in Rule 5E-9.029, F.A.C. as instructed on the form on Forms 1557, 1557A, 1557B, Dec. 92, which are incorporated by reference and obtained from the department.

    (b) All education offerings conducted by the provider shall contain one or more of the topics set forth in Section 482.111(10), F.S.

    (c) All offerings shall be at least 50 minutes in length or one contact hour. Partial contact hours will not be accepted.

    (d) Providers shall adhere to the numbering system and guidelines established by the department to include verification of attendance.

    (e) There shall be a tangible plan for ongoing evaluation of program content, teaching staff, learning process and evaluation tools.

    (f) Records of individual offerings shall be maintained by the department for one year after the next certificate renewal date.

    (g) Providers shall furnish each participant with an authenticated individual certificate of attendance. It shall be the participants responsibility to store his individual attendance record for each offering until his or her renewal time. The attendance records will then be submitted with the renewal and fee.

    (h) Providers shall designate a person to be responsible for the continuing education program.

    (i) Provider approval shall be subject to periodic review and shall be withdrawn if adherence to standards and guidelines is not maintained or if information submitted by the provider is found to be a material misrepresentation of fact.

    (j) Contact hours for continuing education offerings outside of Florida may will be awarded following a review of the verification of:

    1. Attendance on the Request For Granting Continuing Education Units(CEUs) For Renewal of Pesticide Applicator Licenses and Certificates, (FDACS-13326, Rev. 10/15), as adopted in Rule 5E-9.029, F.A.C. and

    2.  An agenda outlining the program’s core content defining one or more of the topics setforth in section 482.111(10) and hours credited a program which outlines the content of and period of time covered by each offering

    (5) On or before April 1 of each year the Department shall mail to each certified operator, at his last known address of record, a renewal form, “Renewal Notice Certified Pest Control Operator”, FDACS 13638, Rev. 3/02, incorporated by reference, for use in applying for renewal of his certificate. 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 his certificate. Mailing of these forms shall be the only notice of renewal issued by the Department. Copies may be obtained from the Bureau of Inspection Incident Response, 3125 Conner Boulevard, Suite N, MS #C-41, Tallahassee, Florida 32399-1650.

    Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.111(1), (3), (7), (10), 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,__________.

     

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

    (1) There shall be one category of special identification card, to wit: fumigation. The issuance fee for each fumigation special identification card and for each renewal there of shall be $100.

    (2) An applicant shall complete the application process online at http://www.FreshFromFlorida.com or submit the issuance fee with the Application for Special Identification Card, (FDACS-13693, Rev, 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX as instructed on the form. Application shall be made and the issuance fee paid to the Department for the original special identification card within 60 days from the date of written notification of passing examination. During a period of 30 days following the expiration of the 60 day period, an original special identification card may be issued, however, a late issuance charge of $25 shall be assessed and paid in addition to the issuance fee. No Further, no original special identification card shall be issued after expiration of the 30 day late fee period without reexamination.

    (3) Annually, the department shall mail the Renewal Notice Special Identification Cardholder, (FDACS-13641, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXXX to the pest control operator’s last known address filed with the deparment by the Special Identification Cardholder. Not less than 60 days prior to the expiration of a certificate, a final renewal notice shall be mailed to each Special Identification Cardholder 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 section (3), a cardholder may renew his or her certificate annually by completing the renewal application process on line at: http://www.FreshFromFlorida.com or submitting the renewal fee as referenced above in subsection (1) with the Renewal Notice Special Identification Cardholder, (FDACS-13641, Rev. 10/15), to address as instructed on the form. Application to the department for renewal of each special identification card shall be made on or before June 1 of each year. The issuance fee for each special identification card and for each renewal there of shall be $100.

    (b) After a grace period of 30 calendar days following the anniversary date of each year, there shall be a late renewal charge of $25, which shall be assessed and paid in addition to the renewal fee.

    (c) Unless timely renewed, each special identification card shall automatically expire 180 calendar days after the renewal date. Subsequent to such expiration, a special identification card may be issued only upon successful reexamination and upon payment of examination and issuance fees due, as provided by this rule.

    (4) On or before April 1 of each year the Department shall mail to each special identification cardholder at his last known address of record, a renewal form, FDACS-13641, Rev 3/02, incorporated by reference, for use in applying for renewal of his special identification card. Copies may be obtained from the Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Suite N, MS C-41, Tallahassee, Florida 32399-1650.

    (4)(5) Each special identification cardholder shall notify the department in writing within ten (10) days of any change of his employment status or mailing address.

    (5)(6) No person shall use a special identification card in any category for which the certified operator in the charge of the pest control activities of the licensee is not properly certified.

    (6)(7) While performing pest control duties a special identification cardholder shall carry on his person a special identification card issued by the department.

    (7)(8) A special identification cardholder shall always perform his functions under the direction and supervision of his certified operator. No special identification cardholder shall perform any pest control work independently of or without the knowledge and direction of his certified operator.

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

     

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

    (1) No change.

    (2) Reports:

    (a) Each licensee shall immediately notify the dDepartment in writing of any loss or change of certified operator in charge of pest control activities, giving effective date. This shall also include notification of change while operating under an emergency certificate.

    (b) Each licensee shall notify the dDepartment in writing within ten (10) working days of any change in firm name, business address, mailing address, telephone number, ownership status, termination or suspension or resumption of business activities, sale or transfer of any valid pest control contract(s) and change of certified operator’s home address or telephone number.

    (c) Termite or other wood-destroying organism inspection report:

    Pursuant to Sections 482.226(1), (2), (4) and (5), F.S., each licensee having a certified operator certified in the category of termite or other wood-destroying organism control and who makes and reports the findings of a wood-destroying organism inspection in writing shall provide the party requesting the inspection with the inspection findings on the Wood-Destroying Organisms Inspection Report prescribed by the Department and furnished by the licensee, (FDACS-13645, Rev 10/15) 05/08, which is incorporated by reference and available online at at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX or on the department’s website under the header “Forms” at http://www.FreshFromFlorida.com/onestop/aes/pestcont.html. The licensee shall not place any disclaimers or additional language on the Wood-Destroying Organisms Inspection Report as incorporated by reference and adopted above. The licensee shall inspect for all wood-destroying organisms as defined in Section 482.021(28), F.S., in accordance with the following inspection standards:

    1. The inspection will include all areas accessible by normal means but does not cover those areas that are enclosed or inaccessible, areas concealed by wall coverings, floor coverings, furniture, equipment, stored articles, insulation, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure.

    2. The inspection will be visual but may include probing and sounding of structural members as deemed necessary by the inspector, based upon a preliminary finding of visual evidence of infestation or damage.

    3. The inspection shall include an examination for visual evidence of wood-decaying fungi and damage caused by wood-decaying fungi. Wood-decaying fungi are fungi that can cause damage to wood, such as those that produce white rot, brown rot, poria, and cubical rot, but not surface molds that do not cause damage to sound wood.

    (3) through (4) No change.

    (5) Business license application: In accordance with Section 482.071(1), F.S., the following information shall be submitted online at http://www.FreshFromFlorida.com or submit the Pest Control Business License Application, (FDACS-13605, Rev. 10/15), on attached to, and made a part of the Department’s pest control business license application form, FDACS-13605, Pest Control Business License Application, Rev 09/08, which is hereby adopted and incorporated by reference and available online at at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX is available on the department’s website under the header “Forms” at http://www.FreshFromFlorida.com/onestop/aes/pestcont.html.

    (a) Correct legal business name or trade name, complete business mailing address, including the street or rural route, city and county, complete mailing address and telephone number of licensed business location.

    (b) Complete name and address of all owners or corporation officers.

    (c) Complete name, home address, residence telephone number, certificate number, categories in which certified, primary occupation, and date of birth of each certified operator attached to the licensee.

    (d) The categories of pest control which each certified operator will be in charge of and in which the licensee will be active, when one or more than one certified operator is attached to and in charge of various categories of pest control to be performed by the licensee.

    (e) The complete name, residence address, date of birth, and primary duty of each employee (identification card and special identification card holders) engaging in or performing pest control in any form for the licensee.

    (f) The exact location address where the licensee’s records, including contracts, for pest control work are kept and the exact location address of storage of chemicals.

    (g) A statement signed by the certified operator(s) in charge that all information given in Department business license application is true and correct and that he will promptly notify the Department in writing of any subsequent changes thereof, except change of home address and primary duty of identification card holders other than certified operators.

    (h) The issuance fee for each original license shall be $300. An applicant may request his application to be immediately expedited and processed by paying a special handling fee in the amount of $50.

    (i) The renewal fee for each original license shall be $300.

    (6) through (8) No change.

    Rulemaking Authority 482.051 FS. Law Implemented 482.021(21), 482.061, 482.071, 482.091, 482.111(5), (9), 482.161(1)(g), (h), 482.226(1), (6) 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, __________.

     

    5E-14.1421 Identification Card – Training Verification.

    (1) The licensee shall maintain written training records for both the initial five (5) day (40 hour) training required in Section 482.091(3), F.S., and the continuing training required in Section 482.091(10), F.S., on all identification cardholders within their employ and make those records available during routine inspection or upon request of the dDepartment. Licensees must maintain the training record for at least a two year period. The training required for Section 482.091(3), F.S., must be conducted by a certified operator or a person under the supervision of the certified operator in charge who has been designated in writing as responsible for training. The 40 hour initial training shall be verified by:

    (a) Completion of the Verification Record of Initial Employee Training, (FDACS-13665, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; FDACS form 13665, Verification Record of Initial Employee Training, Rev 05/08, which is hereby adopted and incorporated by reference and available on the department’s website at: www.FreshFromFlorida.com/onestop/aes/pestcont.html; or

    (b) A written record of 40 hours of attendance in a training course with a written course syllabus and copies of all training materials used in the course available for d Department inspection.

    (2) The dDepartment will accept either of the following as documentation of verifiable training as required under Section 482.091(10), F.S.:

    (a) Written record of attendance on Identification Cardholder Training Verification, (FDACS-13662, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX; a form prescribed by the Department and provided furnished by the licensee or trainer, FDACS-13662 Rev 03/02, which is incorporated by reference, with a complete copy of all training materials used during the training session that covers the training topics required by Section 482.091(10), F.S.; or

    (b) Written record of attendance at a dDepartment approved certified operator continuing education course on the Record of Attendance for Continuing Education Units (CEUs), (FDACS 13325 Rev. 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code, form prescribed by the Department and provided furnished by the trainer, FDACS-13325, Rev 05/04, which is incorporated by reference, provided only if the course content covers the training topics as required by Section 482.091(10), F.S.

    (3) No change.

    (4) Licensees or certified operators applying for Wood-Destroying Organism Inspector Identification cards for employees in compliance with Chapter 482.091(9) may complete the application process online at http://www.FreshFromFlorida.com, or shall submit the Special Training to Perform Wood-Destroying Organisms Inspections and Control Training Verification Record, (FDACS-13642, Rev, 10/15), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, to the address as instructed on the form.

    Rulemaking Authority 482.051, 482.091(10), 570.07(23) FS. Law Implemented 482.091, 482.151 FS. History–New 6-12-02, Amended 2-24-09,                          .

     

    NAME OF PERSON ORIGINATING PROPOSED RULE: Anderson H. Rackley

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Commissioner of Agriculture Adam H. Putnam

    DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 20, 2016

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 9, 2016

Document Information

Comments Open:
6/30/2016
Summary:
Other than technical rule changes that include updates to forms incorporated by reference and clarifications on the qualifications to take an exam to become a Pest Control Operator (PCO), the rule eliminates a $150 fee for new PCO licensees and eliminates a $50 fee for late renewal of Limited Commercial Fertilizer Certificates. Additionally, the rule requires that a consumer notice of terms of wood destroying organisms contract be signed by the consumer prior to contract execution.
Purpose:
The purpose of this rulemaking is to update forms incorporated by reference, to update statutory authority, to clarify qualifications, and to require consumer notice regarding the terms of wood destroying organisms contracts. The effect of this rulemaking will be to provide notice of revisions to the forms incorporated by reference in the rule, update statutory authority, incorporate forms used to apply for department issued credentials, clarify qualifications for certified operator exam and ...
Rulemaking Authority:
482.051, 482.091, 482.1562, 570.07(22), 570.07(23), F.S.
Law:
482.051, 482.061, 482.091, 482.111, 482.132, 482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157, 482.161, 482.226, 570.02(1), 570.07(23), F.S.
Contact:
Dale Dubberly; (850) 617-7996; Dale.Dubberly@FreshFromFlorida.com; 3125 Conner Blvd., Tallahassee, FL, 32399-1650
Related Rules: (7)
5E-14.1025.
5E-14.105. Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms
5E-14.117. Application for Examination for Pest Control Operator's Certificate and Special Identification Card
5E-14.132. Certificate Issuance and Renewal Fees
5E-14.136. Special Identification Card Issuance, Renewal Fees, Forms, and Duties
More ...