Inspections and Investigations, Responsibilities and Duties - Records, Reports, Advertising, Applications, Identification Card - Training Verification
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NOS.:RULE TITLES:
5E-14.1025Inspections and Investigations
5E-14.142Responsibilities and Duties - Records, Reports, Advertising, Applications
5E-14.1421Identification Card - Training Verification
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. 47 No. 76, April 20, 2021 issue of the Florida Administrative Register.
5E-14.1025 Inspections and Investigations.
(1) No change.
(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) No change.
(b) Pest Control Business Inspection, FDACS-13630, Rev. 07/21 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX .
(c) through (i) No change.
(j) Notice of Noncompliance FDACS-13675, Rev. 07/21 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.
(k) through (q) No change.
Rulemaking Authority 482.051, 570.07(22), 570.07(23) FS. Law Implemented 482.032, 482.051, 482.061 FS. History–New 1-9-17, Amended _________,.
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 submit the Pest Control Business License Application, FDACS-13605, Rev. 07/21 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.
(a) through (c) No change.
(d) Either the lLicensees or the licensee’s certified operator in charge must also submit an Application for Pest Control Employee-Identification Card, FDACS-13606, Rev. 07/21 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=XXXXX, 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, 9-17-08, 1-4-09, 5-20-12, 1-9-17, 5-7-17, 2-27-19, _________.
5E-14.1421 Identification Card – Training Verification.
(1) through (6) No change.
(7) The licensee or certified operator in charge of fumigation must apply for an identification card that identifies that employee as having received the training specified in paragraph 5E-14.108(3)(b), F.A.C., to assist as the second trained person during the use of a residential fumigant as described in subsection 5E-14.108(2), F.A.C. The application for such identification card with a fumigation endorsement must be accompanied by an affidavit, signed by the prospective identification cardholder and by the licensee or certified operator in charge for fumigation, which states that the prospective identification cardholder has received the training required by paragraph 5E-14.108(3)(b), F.A.C. Application shall be made online at http://www.FDACS.gov, or by submitting the Special Training to Perform Fumigation Affidavit FDACS-13002, 07/21 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07905, to the address as instructed on the form in order to receive a Fumigation Identification Card endorsement on the employee’s identification card as required by Section 482.091, F.S. The identification cardholder must complete stewardship training as required by the label and Stewardship Policy for the residential fumigant(s) used within 60 days of receiving an identification card with a fumigation endorsement.
Rulemaking Authority 482.051, 482.091, 570.07(23) FS. Law Implemented 482.051, 482.091, 482.151, 570.07(22) FS. History–New 6-12-02, Amended 2-24-09, 1-9-17, 5-7-17, ________.
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: April 5, 2021
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 13, 2021, Vol. 47 No. 71
