The purpose of this rulemaking is to provide notice of the form incorporated by reference in the rule and bring the form into compliance with Section 120.55(1)(a)4., Florida Statutes, to provide notice of revision to the minimum qualifications for ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-13.032Program Directors, Employment and Classification

5E-13.037Aircraft Application for the Control of Adult Arthropods

5E-13.040Criteria for Licensure or Certification of Applicators

PURPOSE AND EFFECT: The purpose of this rulemaking is to provide notice of the form incorporated by reference in the rule and bring the form into compliance with Section 120.55(1)(a)4., Florida Statutes, to provide notice of revision to the minimum qualifications for employment and classifications of a mosquito control program director and to eliminate a reference to rule language that has been repealed. The effect of this rulemaking will be to provide notice of the form incorporated by reference in the rule and bring the form into compliance with Section 120.55(1)(a)4., Florida Statutes, to revise mosquito control program director employment and classification requirements.

SUBJECT AREA TO BE ADDRESSED: This rulemaking addresses a form revision, program director employment and classifications and the repealed rule referenced in rule.

RULEMAKING AUTHORITY: 388.261, 388.361, 487.049, 570.07(23) FS.

LAW IMPLEMENTED: 388.162, 388.201, 388.231, 388.261, 388.271, 388.281, 388.341, 388.361, 487.049, 570.07(23) FS.

IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT IS: Michael J. Page, Bureau Chief, Bureau of Entomology and Pest Control, 3125 Conner Boulevard, Suite N, Tallahassee, FL 2399-1650, [phone], [e-mail]

 

THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:

 

5E-13.032 Program Directors, Employment and Classification.

(1) through (3) No change.

(4) The following minimum director classifications are based upon amount of local funds budgeted for the fiscal year in which they are initially employed and for which they assume responsibilities of administration.

(a) Director I – Local budget up to $999,999.99 $30,000.00 to $249,999.99.

Minimum qualifications for Director I position: High school graduate with minimum of three (3) years of training and field experience in control of mosquitoes, or three (3) years experience in managing a comparable program, or a graduate of four (4) year college or university with a degree in the basic sciences or engineering.

(b) Director II – Local budget $1,000,000.00 $250,000.00 to $2,999,999.00 $999,999.99.

Minimum qualifications for Director II position: Graduate of four (4) year college or university with a degree in the basic sciences or engineering. Requirements for college degree shall be waived upon proof of a high school degree and a satisfactory work experience record of four (4) years duration directing or assisting in directing a work program in the mosquito or arthropod control field of comparable size and budget to that of the District or County where the application is pending.

(c) Director III- Local budget $3,000,000.00 $1,000,000.00 and over.

Minimum qualifications for Director III position: Graduate of four (4) year college or university with a degree in the basic sciences or engineering and two years work experience in mosquito control. Requirements for college degree shall be waived upon proof of a high school degree and a satisfactory work experience record of five (5) years duration directing or assisting in directing a work program in the mosquito or arthropod control field of comparable size and budget to that of the District or County where the application is pending.

(5)(a) through (d) No change.

(e) The Director’s Exam may shall be taken only twice once within any six (6) four (4) month period.

(f) No change.

(6) No change.

Rulemaking Specific Authority 388.361 FS. Law Implemented 388.162 FS. History–New 1-1-77, Formerly 10D-54.32, Amended 2-10-87, Formerly 10D-54.032, Amended 3-14-94, 7-5-95, 6-10-04, 8-9-06,_________.

 

5E-13.037 Aircraft Application for the Control of Adult Arthropods.

(1) through (2)(a) No change.

(b) Adulticides selected shall be those labeled for aircraft application in accordance with paragraph 5E-13.046(6)(b), F.A.C., to provide adequate control of the problem mosquitoes or other arthropods and when used in accordance with widespread and commonly recognized practice, it will not cause unreasonable adverse effects on the environment. Adulticide labels will be strictly followed.

(2)(c) through (3) No change.

Rulemaking Specific Authority 388.361 FS. Law Implemented 388.361(2)(a) FS., Section 11, Chapter 91-428, Laws of Florida. History–New 2-10-87, Formerly 10D-54.037, Amended__________.

 

5E-13.040 Criteria for Licensure of Applicators.

(1) through (3) No change.

(4) All persons licensed in Public Health Pest Control shall provide evidence of continued competency prior to license renewal by accruing a minimum of sixteen (16) continuing education units during their four year licensure period. The licensee shall provide proof of continuing education training 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 prior to license renewal. Failure to meet continuing education requirements shall result in the nonrenewal of the license, and applicators shall retake and pass both the Public Health Pest Control and the General Standards (Core) examinations in order to obtain a new license.

(5) through (9) No change.

Rulemaking Authority 388.361, 487.049, 570.07(23) FS. Law Implemented 388.361(4), 487.051, 570.07 FS. History–New 2-10-87, Formerly 10D-54.040, Amended 3-14-94, 8-9-06,_________.