Inspections and Investigations, Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms, Application for Examination for Department Applicator Credentials, Certificate Issuance and Renewal Fees, ...

 

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division of Agricultural Environmental Services

RULE NOS.:RULE TITLES:

5E-14.1025Inspections and Investigations

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

5E-14.117Application for Examination for Department Applicator Credentials

5E-14.132Certificate Issuance and Renewal Fees

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

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. 42 No. 157, August 12, 2016 issue of the Florida Administrative Register.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-14.1025 Inspections and Investigations.

(1) No change.

(2) No change.

(a) through (b) No change.

(c)  Notice of Inspection Pest Control Business, (FDACS-13633, Rev. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx,

(d) through (g) No change.

(h) Licensee Inspection Termites and Other Wood-Destroying Organisms Category, (FDACS-13672, Rev. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx ,

(i) Licensee Inspection Pesticide Product Review, (FDACS-13673, Rev. 09/16 10/15), which is hereby adopted

and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx ,

(j) Licensee Inspection Fumigation Category, (FDACS-13674, Rev. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx ,

(k) through (s) No change.

Rulemaking Authority 482.051, 570.07(22),  570.07(23),  FS. Law Implemented 482.032, 482.051, 482.061. History–New                                      .

 

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

(1) 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-13671 Rev. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx , and on the department’s website under the header “Forms” at http://www.FreshFromFlorida.com or at 3125 Conner Boulevard, Suite N, Tallahassee, Florida 32399-1650.

(8) through (9) No change.

Rulemaking Authority 482.051, 570.07(22), 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) through (7) No change.

(8) No change.

(a) No change.

1. through 2. No change.

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. 05/04 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. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx.

(b) No change.

1. through 2. No change.

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. 05/04 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code, and

4. No change.

(9) No change.

(10) No change

(a) No change

1. No change.

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 https://www.flrules.org/Gateway/reference.asp?No=Ref-07311 and

(b) No change.

1. No change.

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. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-xxxxx , or a Renewal Notice Limited Government/Private Certificate – Structural Category, (FDACS 13683, Rev. 09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://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. 05/04 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code.

(11) No change.

(a) No change.

(b) No change.

1. through 2. No Change.

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. 05/04 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) No change.

(a) No change.

(b) No change.

1. through 2. No change.

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. 05/04 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code, and

4. No change.

(13) No change.

Rulemaking Authority 482.051, 482.151, 482.1562, 570.07(23), FS. Law Implemented 482.111, 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) No change.

(2) 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 submit the issuance fee as defined in subsection (1) above with the Application for Pest Control Operator’s Certificate, (FDACS-13608, Rev. 09/16  10/15), which is hereby adopted and incorporated by reference and available online at https://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) No change.

(a) Upon receipt of the renewal form referenced above in subsection (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.             

(b) No change.

(4) No change.

(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. 05/04 10/15), as adopted in Rule 5E-9.029, F.A.C. as instructed on the form.

(b) through (i) No change.

(j) No change.

1. Attendance on the Request For Granting Continuing Education Units (CEUs) For Renewal of Pesticide Applicator Licenses and Certificates, (FDACS-13326, Rev. 05/04 10/15), as adopted in Rule 5E-9.029, F.A.C. and

2.  No change. 

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.111, 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) No change.

(2) An applicant shall complete the application process online at http://www.FreshFromFlorida.com or submit the issuance fee with the Application for Pest Control Special Identification Card (SPID-Fumigation), (FDACS-13693, Rev,  09/16 10/15), which is hereby adopted and incorporated by reference and available online at https://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. 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 Fumigation Identification Cardholder, (FDACS-13641, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07327 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 subsection (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 Fumigation Identification Cardholder, (FDACS-13641, Rev. 10/15), to address as instructed on the form.

(b) through (c) No change.

(4) through (7) No change.

Rulemaking Authority 482.051,482.151, 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) 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),  which is hereby adopted and incorporated by reference and available online at at https://www.flrules.org/Gateway/reference.asp?No=Ref-07321.

(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.

(a)(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.

(b)(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.

(c )(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) through (b) No change.

(2) through (a) No change.

(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. 05/04 10/13), as adopted in Rule 5E-9.029, Florida Administrative Code, and provided by the trainer, only if the course content covers the training topics as required by Section 482.091(10), F.S.

(3) through (4) No change.

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