Definitions, Eligibility for State Approved Program and/or Aid, Certified Budgets, Filing, Inspections and Investigations, Demonstrable Increase or Other Indicator of Arthropod Population Level
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NOS.:RULE TITLES:
5E-13.021Definitions
5E-13.022Eligibility for State Approved Program and/or Aid
5E-13.027Certified Budgets, Filing
5E-13.0332Inspections and Investigations
5E-13.036Demonstrable Increase or Other Indicator of Arthropod Population Level
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. 49 No. 195, October 6, 2023 issue of the Florida Administrative Register.
5E-13.021 Definitions.
In addition to those terms contained in Section 388.011, F.S., the following terms shall mean:
(1) through (3) No change.
(4) “Arthropods” – those insects of public health or nuisance importance, including all mosquitoes, midges, sand flies, dog flies, house flies, yellow flies, and house sand flies.
(5) “Arthropod control pesticide” – any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any arthropod as defined in ss. 388.011(14), F.S.
(6) through (12) No change.
(13) “District” – any mosquito control district established in this state by law for the express purpose of controlling arthropods within boundaries of said districts. any defined area of the state or a county established for express purpose of controlling arthropods within said boundaries under the provisions of Chapter 388, F.S. or other legislative acts. These rules shall apply only to Districts participating under Chapter 388, F.S., except as provided in ss. 388.323 and 388.281, F.S.
(14) through (23) No change.
(24)“Public lands control plan” – those plans formulated by a Ppublic land management agency and a local Aarthropod control program agency for the purposes of achieving the legislative intent as declared in ss. 388.0101, F.S.
(25) through (28) No change.
Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New 1-1-77, Formerly 10D-54.21, Amended 2-10-87, Formerly 10D-54.021, Amended 3-14-94, 6-10-04, 8-9-06,_________.
5E-13.022 Eligibility for State Approved Program and/or Aid.
(1) No change.
(2) On or before July 15 of each year, a district or county seeking approval to participate in the state approved program must must submit the following:
(a) A completed Detailed Work Plan Budget-Arthropod Control, FDACS-13623 Rev.
09/2302/23, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The Detailed Work Plan Budget-Arthropod Control, FDACS-13623 Rev. 09/2302/23, outlines the tentative use of state and local funds in the upcoming fiscal year necessary to implement or maintain an integrated mosquito management program.
(b) No change.
(3) After notification by the department of its approval of the Plan and Budget, each District or
county shall submit to the Department, not later than September 30, two (2) copies of the Annual Certified Budget on the form entitled Annual Certified Budget for Arthropod Control, FDACS-13617 Rev. 09/2302/23, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX. The Annual Certified Budget shall show all estimated cash carry-over amounts as a beginning cash balance. When the estimated cash carry-over amount in any fund is found to be less than the actual cash carry-over amount, a budget amendment shall be submitted to allocate the additional amount of funds. However, only local fund carry-over re-allocated by October 30 will be matched. The Department shall make an adjustment in funding amounts payable to the District or counties in the last three (3) quarters of current fiscal year and provide notification to each District or county of any distribution changes due to the re-allocation.
The forms referenced above are also available upon request by contacting the Department at Mosquito Control Program, 3125 Conner Blvd, Suite E, Tallahassee, Florida 32399-1650 and MosquitoControlReports@FDACS.gov.
(4) No change.
Rulemaking Authority 388.361 FS. Law Implemented 388.162, 388.201, 388.271, 388.341, 388.361 FS., Section 11, Chapter 91-428, Laws of Florida. History–New 1-1-77, Formerly 10D-54.22, 10D-54.022, Amended 6-10-04, 8-9-06, 5-21-14, __________.
5E-13.027 Monthly Reporting Requirements and Filing For All State Approved Programs.
(1) Not later than thirty (30) days after the end of each month, each approved District or county receiving state aid shall submit a monthly local financial report to the Department on the form entitled Mosquito Control Monthly Report – Local Funds, FDACS-13663 Rev. 09/2302/23, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, as instructed on the form. These programs shall also submit the form entitled Mosquito Control Monthly Report – State Funds FDACS-13650 Rev. 09/2302/23, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, as instructed on the form. Supporting documentation of expendetures must accompany the submission of the Mosquito Control Monthly Report – State Funds, FDACS-13650 Rev. 09/23. Supporting documentation can include, but is not limited to, receipts, invoices, county budget reports, transition reports, account summaries/statements, bills, expense reports, purchase orders, charge sheets, expenditure reports and wage statements/payroll. The reports shall be signed by the program Director or Person responsible for administration of the program and funds.
(2) Any county or District withdrawing from participation in state matching funds under Chapter 388, F.S., shall continue to submit the form entitled Mosquito Control Monthly Report – State Funds FDACS-13650 Rev. 09/2302/23, as instructed on the form, until funds received under this program are exhausted.
(3) Budget amendments on the form entitled Arthropod Control Budget Amendment, FDACS-13613 Rev. 09/2302/23, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, shall be prepared and submitted to the Department, as instructed on the form, prior to over-expending state funds in any account or expending state funds in non-budgeted accounts. Department approval of the amendment(s) must be received before such expenditures are made.
(4) A state approved District or county shall submit monthly pesticide usage report by submitting the signed form entitled Mosquito Control Monthly Report - Pesticide Activity, FDACS-13652 Rev. 02/23, incorporated herein by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, to the Department, as instructed on the form, not later than thirty (30) days after the end of each month.
The forms referenced above are also available upon request by contacting the Department at Mosquito Control Program, 3125 Conner Blvd, Suite E, Tallahassee, Florida 32399-1650 and MosquitoControlReports@FDACS.gov.
Rulemaking Authority 388.361 FS. Law Implemented 388.201, 388.271, 388.341, 388.361, FS., Section 11, Chapter 91-428, Laws of Florida. History–New 1-1-77, Formerly 10D-54.27, 10D-54.027, Amended 7-5-95, 6-10-04, 5-21-14, ___________.
5E-13.0332 Inspections and Investigations.
(1) The Department is authorized to conduct inspections or for cause investigations, pursuant to ss. 388.361(5), F.S.
(2) The following forms may 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) Notice of Inspection, FDACS-13656, Rev. 10/1502/23, incorporated in paragraph 5E-14.1025(2)(d), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07288.
(b) Affidavit, FDACS-13661, Rev. 09/1602/23, incorporated in paragraph 5E-14.1025(2)(f), F.A.C., and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07291.
(c) Pesticide Sample Collection Report, FDACS-13234, Rev. 10/1502/23, incorporated in paragraph 5E-14.1025(2)(p), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07303.
(d) Pesticide Use Investigation Report, FDACS-13660, Rev. 05/2102/23, incorporated in paragraph 5E-14.1025(2)(q), F.A.C., and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-13520.
(e) Mosquito Control Pesticide Use Inspection Report, FDACS-13632, Rev. 02/23, incorporated herein by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=XXXXX.
Rulemaking Authority 388.361 FS. Law Implemented 388.361 FS. History–New .
5E-13.036 Demonstrable Increase or Other Indicator of Arthropod Population Level.
(1) through (2) No change.
(3) Preventative barrier applications of mosquito adulticides are exempt from the requirement to demonstrate an increased mosquito pressure. All applications must be conducted in accordance with label requirements and the requirements of 5E-13.0331, F.A.C., and must be recorded as specified in 5E-13.040(8), F.A.C.
(4)(3) All surveillance and adulticide application records shall be kept on file for at least three (3) years.
Rulemaking Authority 388.361 FS. Law Implemented 388.361(2)(a) FS. History–New 2-10-87, Formerly 10D-54.036, Amended 3-14-94, 7-5-95, 8-9-06, _________.
