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    DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

    Division of Agricultural Environmental Services

    RULE NO.:RULE TITLE:

    5E-13.0371Mosquito Control Aircraft Registration, Inspection, Security, Storage, Transactions, Recordkeeping, Area-of-Application Information and Forms

    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. 39, No. 243, December 17, 2013 issue of the Florida Administrative Register.

     

    5E-13.0371 Mosquito Control Aircraft Registration, Inspection, Security, Storage, Transactions, Recordkeeping, Area-of-Application Information and Forms.

    (1) through (3) No change.

    (4) Transactions. Any purchase, sale, rental, leasing, or transfer of ownership of a mosquito control aircraft required to be registered with the department pursuant to subsection (1) above shall be transmitted to the department on the U.S. Department of Transportation Federal Aviation Administration form entitled “Aircraft Bill of Sale” AC Form 8050-2 (01/12), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-03552 or  the form entitled “Report of Aircraft Transaction” (FDACS-13355, Rev. 10/13), as adopted in Rule 5E-9.036, Florida Administrative Code, within 24 hours of the transaction. The completed forms shall be submitted to the Pesticide Certification Office, 3125 Conner Blvd., Bldg. 8, Tallahassee, Florida 32399-1650.

    (5) Recordkeeping. Aerial mosquito control applicators shall maintain records relating to each application of pesticide during a declared emergency. Such records generated during the emergency shall be retained and maintained for a period of two (2) years as outlined in subsections (a) through (g). Such information shall be provided to the department or its authorized representative upon request for a period of two (2) years and shall be maintained in a manner that is accessible by the department upon request. Mosquito control aircraft operating as public aircraft not regulated by the FAA are exempt from the records referencing FAA numbers. The completed forms shall be submitted to the Pesticide Certification Office, 3125 Conner Blvd., Bldg. 8, Tallahassee, Florida 32399-1650.

    (a) through (g) No change.

    (7) Area-of-Application Information. The information listed in paragraphs 5E-13.0371(6)(a) through (6)(g), F.A.C., is required only when a declaration of an Executive Order pursuant to the emergency powers granted to the Governor or the Commissioner of Agriculture declaring an emergency in the State of Florida. Such information shall be provided and filed with the Department in a manner determined by the department.

    (8) Forms. The following forms are hereby incorporated by reference. These forms may be obtained from the Florida Department of Agriculture and Consumer Services, Pesticide Certification Office, 3125 Conner Boulevard, Building 8, Tallahassee, Florida 32399-1650, telephone (850)617-7850.

    (a) Application for Aircraft Registration (FDACS-13354), Rev 01/02.

    (b) Ownership Declaration and Sales and Use Tax Report on Aircraft (DR-42A), Rev. 03/02.

    (c) Aircraft Bill of Sale AC Form 8050-2 (09/92).

    (d) Report of Aircraft Transaction (FDACS-13355), Rev 01/02.

    (8) No change.

    Rulemaking Authority 487.051(1)(d), (e), 570.07(23), (39), (40) FS. Law Implemented 388.361(2)(b), 487.051(1)(d), (e), 570.07(39), (40) FS. History–New 2-25-03, Amended 8-9-06,___________.