Proposed changes consist primarily of updates to program forms and website URL references compelled by substantive form modifications and the Department’s transition to the FDACS.gov domain. Further proposed changes include ....

 

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-14.110Fumigation Requirements - Notices

5E-14.117Application for Department Credentials

5E-14.132Certificate Issuance and Renewal Fees

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

5E-14.142Responsibilities and Duties - Records, Reports, Advertising, Applications

5E-14.1421Identification Card - Training Verification

PURPOSE AND EFFECT: Proposed changes consist primarily of updates to program forms and website URL references compelled by substantive form modifications and the Department’s transition to the FDACS.gov domain. Further proposed changes include adding additional required information to the Notification of Fumigation, FDACS-13667; correcting an inaccurate reference to the rule section describing completion of wood destroying organisms’ inspection reports; clarifying that in order to obtain a Fumigation Special Identification Card a licensee must pay an examination fee rather than an issuance fee; clarifying that business licensees must submit an application for Pest Control Employee-Identification Cards with each original or renewal business license application of any business license change; and requiring training in areas of contract regulations and safety related issues specific to structural fumigation for pest control employees who perform fumigation sales.

SUMMARY: Proposed modifications to 5E-14.1025 will codify the revision date to multiple FDACS forms.

Fumigation Inspection Report form FDACS-13629 is being reformatted and expanded to include additional areas of inspection. FDACS-13630 form will be renamed, reorganized, and add additional fields to reflect the form’s intended use for evaluating pest control business operations rather than licensed pest control personnel. FDACS-13633 and FDACS-13676 are being repealed to eliminate separate notices of inspection for pest control businesses and Limited Certification Commercial Landscape Maintenance. These types of inspections will now be completed using FDACS-13630. FDACS-13655 is being amended to become a Pest Control and Limited Landscape Maintenance Service Vehicle Inspection Form which will be used for evaluating service vehicles used in the performance of any pest control activity, including limited landscape maintenance or limited fertilizer application. FDACS-13675 is being renamed and modified to align with new terminology and conditions for use adopted under s. 5E-14.149, F.S. FDACS-13660 is being incorporated by reference to facilitate collection of information specific to pesticide application activities.

Amendments to 5E-14.110 will incorporate a revised version of the Notification of Fumigation FDACS-13667 which will add additional required information to the Notification of Fumigation, FDACS-13667; proposed amendments to 5E-14.117 will correct an inaccurate reference to the rule section describing completion of wood destroying organisms’ inspection reports; amendments to 5E-14.136 will clarify that in order to obtain a Fumigation Special Identification Card a licensee must pay an examination fee rather than an issuance fee; amendments to 5E-14.142(9) will clarify that business licensees must submit an application for Pest Control Employee-Identification Cards with each original or renewal business license application of any business license change; and amendments to 5E-14.1421 will require training in areas of contract regulations and safety related issues specific to structural fumigation for pest control employees who perform fumigation sales.

5E-14.105(1) is amended to note the revision to FDACS-13692. The Consumer Notice Form FDACS-13692 is being amended to remove irrelevant information and to include a Spanish language version of the form on the second page.

5E-14.117 is amended to note the revision of forms FDACS-13607, FDACS-13604, FDACS-13610, FDACS-13677, FDACS-13681, and FDACS-13685. The Pest Control Examination Application FDACS-13607 is being amended to add a question regarding felony convictions. The Limited Certification for Commercial Landscape Maintenance Personnel form FDACS-13604 is being amended to require the submission of a photograph with the form and to add a question regarding felony convictions. The Limited Certification for Government Pesticide Applicators or Private Applicators form FDACS-13610 is being amended to add the submission of an email address, date of birth and county to be examined in as well as a question regarding felony convictions. The Application for Limited Certification for Urban Landscape Commercial Fertilizer FDACS-13677 is being amended to remove the requirement that an applicant provide their driver’s license number. The Renewal Notice Limited Commercial Urban Fertilizer Applicator Certificate FDACS-13681 is being amended to outline the rule requirements. The Limited Certification for Commercial Wildlife Management form FDACS-13685 is being amended to add the submission of a contact email and to add a question regarding felony convictions.

5E-14.132 is amended to note the revision of form FDACS-13638 and the spelling of the word department. The Renewal Notice Certified Pest Control Operator form FDACS-13638 is being amended to add the submission of a contact email.

5E-14.142 is amended to note the revision of forms FDACS-13000, FDACS-13645, and FDACS-13605. The Fumigation Log form FDACS-13000 is being amended to include the name of the individual who released the fumigant. Wood-Destroying Organisms Inspection Report FDACS-13645 is being amended to include the phone number for the Bureau of Inspection and Incident Response. The Pest Control Business License Application FDACS-13605 is being amended to add the submission of a Federal Employer Tax Identification Number and an email address. 5E-14.142(9)(d) is incorporating by reference and requiring the submission of the Application for Pest Control Employee-Identification Card FDACS-13606 with each original or renewal business license application, or any business license change or within 30 days of employment of that employee.

5E-14.1421 is amended to note the revision of form FDACS-13665 and FDACS-13002. The Verification Record of Initial Employee Training form FDACS-13665 is being amended to include a note related to training of employees whose job duties include fumigation sales. The Special Training to Perform Fumigation Affidavit FDACS-13002 is being amended included the requirements of 5E-14.1421(7), F.A.C., and the signature of the Licensee or Certified Operator in Charge.

Sections 5E-14.105, 5E-14.110, 5E-14.117, 5E-14.132, 5E-14.136, 5E-14.142, and 5E-14.1421 are being amended to update the FDACS website URL to the FDACS.gov domain.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 482.051, 482.151, 482.1562, 482.091, 570.07(22), 570.07(23)

LAW IMPLEMENTED: 482.021(21), 482.032, 482.051, 482.051(1), (3), (4), (5), 482.061, 482.071, 482.091, 482.111, 482.111(5), (9), 482.132, 482.132(1), 482.141, 482.151, 482.152, 482.155, 482.156, 482.1562, 482.157, 482.161(1)(g), (h), 482.163, 482.226(1), (6), 482.2265, 570.07(22)

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Gerald Everton; [phone]; [e-mail]; 3125 Conner Blvd., Tallahassee, FL, 32399-1650

 

THE FULL TEXT OF THE PROPOSED RULE IS: THE FULL TEXT OF THE PROPOSED RULE IS:

 

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) Fumigation Inspection Report, (FDACS-13629, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07284.

(b) Licensee Inspection Pest Control Business Inspection, (FDACS-13630, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07285.

(c) Notice of Inspection Pest Control Business, (FDACS-13633, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07286.

(c)(d) Pest Control and Limited Landscape Maintenance Notice of Inspection Pest Control Service Vehicle Inspection, (FDACS-13655, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07287.

(d)(e) Notice of Inspection, (FDACS-13656, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07288.

(e)(f) Affidavit – Pretreatment, (FDACS-13658, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07290.

(f)(g) Affidavit, (FDACS-13661, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07291.

(g)(h) Licensee Inspection Termites and Other Wood-Destroying Organisms Category, (FDACS-13672, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07292.

(h)(i) Licensee Inspection Pesticide Product Review, (FDACS-13673, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07293.

(i)(j) Licensee Inspection Fumigation Category, (FDACS-13674, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07616.

(j)(k) Notice of Noncompliance Field Advisory Notice, (FDACS-13675, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07295.

(l) Notice of Inspection Limited Certification Commercial Landscape Maintenance Inspection, (FDACS-13676, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07296.

(k)(m) Request for Investigation, (FDACS-13621, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07297.

(l)(n) Report of Investigation, (FDACS-13640, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07298.

(o) Request for Inclusion on AHB Bee Eradication or Removal List, (FDACS-13689, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07299.

(m)(p) Company Response To Consumer Allegation, (FDACS-13620, Rev.10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07300.

(n)(q) Request for Information, (FDACS-13678, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07301.

(o)(r) Illegal/Unlicensed Pest Control Operations Report Form, (FDACS-13687, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07302.

(p)(s) Pesticide Sample Collection Report, (FDACS-13234, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07303.

(q) Pesticide Use Investigation Report, FDACS-13660, Rev. 05/21, which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX.

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

(1) Each licensee must enter into a written contract with the property owner or his authorized agent for each treatment for control or prevention of wood-destroying organisms. No such contract shall be entered into after six (6) months following the effective date of this rule without first obtaining specific written consent signed by the property owner or authorized agent using the Consumer Notice Form, (FDACS-13692, Rev 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07304, or at 3125 Conner Boulevard, Bldg. 8, Tallahassee, Florida 32399-1650.

(2) 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), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07325, and on the department’s website under the header “Forms” at http://www.FDACS.govfreshfromflorida.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, 1-9-17, ________.

 

5E-14.110 Fumigation Requirements – Notices.

(1) Each licensee, before performing general fumigation, shall notify the department at least twenty-four (24) hours in advance of the fumigation period. Notification shall be made utilizing the department’s electronic fumigation notification website http://fumigation.freshfromflorida.com or by submitting by facsimile, a completed Notification of Fumigation, (FDACS-13667, Rev. 05/21 03/17), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 08120, to the fascimile number located on the form. The notice shall accurately state the following:

(a) Company name and business location address.

(b) Accepted common or trade name and active ingredients of fumigant to be used.

(c) Name of certified operator in charge or the designated certified operator(s) or special fumigation identification card holder(s) for the fumigation, together with her or his day and night telephone numbers.

(d) Location (address), county, and type of structure (single family, multi-family, commercial, vault or other), structure use (residence, school, church, warehouse, store/shopping, vehicle, vault, or other) and number of structures to be fumigated.

(e) Date of fumigation.

(f) Target pest.

(g) Contractor’s name (if subcontracted).

(h) Approximate duration of fumigation.

(i) Reason for less than 24 hour notification.

(2) No change.

(3) Exceptions: Notification of less than 24 hours is allowed only for verifiable situations affecting the health, safety, and welfare of the public and severe weather conditions. Notification shall be made immediately before the fumigation period by advance electronic submission via http://fumigation.freshfromflorida.com, or electronic mail to [e-mail] freshfromflorida.com, or facsimile to [phone].

(4) No change.

Rulemaking Authority 482.051, 570.07(23) FS. Law Implemented 482.051(4) FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.110, Amended 7-5-95, 9-17-08, 9-6-10, 5-7-17, ________.

 

5E-14.117 Application for Department Credentials.

(1) An applicant for examination or reexamination for a pest control operator’s certificate and special identification card shall complete the application process online at http://www.FDACS.gov FreshFromFlorida.com, or submit the following forms to 3125 Conner Boulevard, L8, Tallahassee, Florida 32399-1650. Applications for examination must be made within one year after the applicant’s employee identification card expiration date.

(a) Pest Control Examination Application, (FDACS-13607, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX  07305.

(b) Employment Service, (FDACS-13627, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07306 .

(c) Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07307 .

(2) through (6) No change.

(7) Prior to application for examination:

(a) through (b) No change.

(c) For purposes of this section, a “job” shall mean the active participation in all aspects of a complete individual pesticide application or inspection, specific to a target pest at a designated location and address, in the pest control category for which the applicant has applied for examination. If seeking to be examined in the Termite and Other Wood Destroying Organism Pest Control Category, an applicant shall not submit more than 15 wood-destroying organism inspections as described in paragraph 5E-14.142(5)(c) (2)(c), F.A.C., as part of the 45 job requirement.

(8) An applicant for limited certification in Commercial Landscape Maintenance shall complete the initial exam application or renewal process online at http://www.FDACS.govFreshFromFlorida.com or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. The initial examination fee of $150.

2. Limited Certification for Commercial Landscape Maintenance Personnel, (FDACS-13604, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07308.

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), 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), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07309.

(b) For renewal applicants:

1. The annual recertification fee of $75.

2. Renewal Notice Limited Commercial Landscape Maintenance, (FDACS-13680, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07310.

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), as adopted in Rule 5E-9.029, F.A.C.; and,

4. Proof of insurance using form, Certificate of Insurance, (FDACS-13688, Rev. 09/16), as referenced in subparagraph 5E-14.117(8)(a)4., F.A.C.

(9) No change.

(10) An applicant for limited certification for governmental pesticide applicators or private applicators shall complete the initial application for examination on line at http://www.FDACS.govFreshFromFlorida.com or submit the following by mail to the address as instructed on the form.

(a) For initial applicants:

1. The examination fee is $150.

2. Limited Certification for Government Pesticide Applicators or Private Applicators, (FDACS-13610, Rev. 05/21 10/15), which is hereby incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07311; and,

(b) For renewal applicants:

1. The renewal fee for the limited government/private certificate of $25.00.

2. Applicants can renew on line at http://www.FDACS.govFreshFromFlorida.com, or submit either a Renewal Notice Limited Government/Private Certificate Lawn and Ornamental Category, (FDACS 13682, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07312, or a Renewal Notice Limited Government/Private Certificate Structural Category, (FDACS 13683, Rev. 09/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07313; 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), as adopted in rule 5E-9.029, F.A.C.

(11) Any person applying commercial fertilizer to an urban landscape must have a limited certification for urban landscape commercial fertilizer as provided herein. Applicants shall complete the initial application or renewal process online at http://www.FDACS.govFreshFromFlorida.com or submit the following by mail to the address as instructed on the form:

(a) For initial applicants:

1. The application fee of $25.00,

2. A copy of the training certificate issued pursuant to Section 403.9338 F.S.,

3. Application for Limited Certification for Urban Landscape Commercial Fertilizer, (FDACS-13677, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX 07314; and,

(b) For renewal applicants:

1. The renewal fee of $25.00,

2. Renewal Notice Limited Commercial Urban Fertilizer Applicator Certificate, (FDACS 13681, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07315; and,

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), as adopted in Rule 5E-9.029, F.A.C. At least two (2) hours of this training must address fertilizer best-management practices.

(12) An applicant for limited certification for commercial wildlife management shall complete the initial application for examination or renewal process online at http://www.FDACS.govFreshFromFlorida.com or submit the following by mail to the address as instructed on the form:

(a) For Initial applicants:

1. The initial examination fee of $150,

2. Limited Certification for Commercial Wildlife Management, (FDACS-13685, Rev 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07316; and,

3. Proof of insurance using the Certificate of Insurance, (FDACS-13688, Rev. 09/16), as referenced in subparagraph 5E-14.117(8)(a)4., F.A.C.

(b) 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, 1-9-17,  ________.

 

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.FDACS.gov 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, 10/16), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07318, to the address as instructed on the form.

(3) Annually, the department shall mail the Renewal Notice Certified Pest Control Operator, (FDACS-13638, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07326, to the pest control operator’s last known address filed with the department deparment by the operator. Not less than 60 days prior to the expiration of a certificate, a final renewal notice shall be mailed to each certified operator who has not renewed their certificate. 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), an operator may renew his or her certificate annually by completing the renewal application process online at: http://www.FDACS.gov 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.

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, 1-9-17,_________.

 

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

(1) The examination issuance fee for each fumigation special identification card and for each renewal thereof shall be $100.

(2) An applicant shall apply for examination by completing complete the application process online at http://www.FDACS.govFreshFromFlorida.com or submit the examination issuance fee with the Pest Control Examination Application for Pest Control Special Identification Card (SPID-Fumigation), (FDACS-13607 13693, Rev, 05/21 09/16), as referenced in paragraph 5E-14.117(1)(a), F.A.C., which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-07319, as instructed on the form.

(3) Annually, the department shall mail the Renewal Notice Special Fumigation Identification Card, (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 department deparment by the Special Fumigation Identification Card holder. Not less than 60 days prior to the expiration of a certificate, a final renewal notice shall be mailed to each Special Identification Card holder 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 online at: http://www.FDACS.gov FreshFromFlorida.com or submitting the renewal fee as referenced above in subsection (1), with the Renewal Notice Special Fumigation Identification Card, (FDACS-13641, Rev. 10/15), to address as instructed on the form.

(b) After a grace period of 30 calendar days following the anniversary date of each year, there shall be a late renewal charge of $25, which shall be assessed and paid in addition to the renewal fee.

(c) Unless timely renewed, each special identification card shall automatically expire 180 calendar days after the renewal date. Subsequent to such expiration, a special identification card may be issued only upon successful reexamination and upon payment of examination and issuance fees due, as provided by this rule.

(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, 1-9-17,________.

 

5E-14.142 Responsibilities and Duties – Records, Reports, Advertising, Applications.

(1) through (2) No change.

(3) Licensees performing fumigation with a residential fumigant, their employees, certified operators, and special identification cardholders shall comply with the label requirements and Stewardship Policy requirements of the residential fumigant being used.

(a) No change.

(b) Licensees or applicators operating in the category of fumigation shall use the Fumigation Log, (FDACS-13000, 05/21 01/17), which is hereby adopted and incorporated by reference and available online at http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07904, while onsite. Licensees or applicators operating in the category of fumigation pursuant to Section 482.111(2)(a), F.S., may use an alternative fumigation log form only if it incorporates all information required to be recorded in the current Fumigation Log, (FDACS-13000, 05/21 01/17). All licensees performing fumigation shall retain any records relating to the fumigation required by this rule for a period of two (2) years from the date of the fumigation. Upon request by the department, the licensee or certified operator in charge shall make available the records required to be maintained under this rule and shall permit the authorized representative to copy or photograph any of the records. The original records shall be maintained by the licensee.

(4) No change.

(5) Reports:

(a) through (b) No change.

(c) Termite or other wood-destroying organism inspection report:

Pursuant to Sections 482.226(1), (2), (4) and (5), F.S., each licensee having a certified operator certified in the category of termite or other wood-destroying organism control and who makes and reports the findings of a wood-destroying organism inspection in writing shall provide the party requesting the inspection with the inspection findings on the Wood-Destroying Organisms Inspection Report, (FDACS-13645, Rev. 05/21 10/15), which is incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07320, or the department’s website under the header “Forms” at http://www.FDACS.gov freshfromflorida.com. The licensee shall not place any disclaimers or additional language on the Wood-Destroying Organisms Inspection Report as incorporated by reference and adopted above. The licensee shall inspect for all wood-destroying organisms as defined in Section 482.021(28), F.S., in accordance with the following inspection standards:

1. The inspection will include all areas accessible by normal means but does not cover those areas that are enclosed or inaccessible, areas concealed by wall coverings, floor coverings, furniture, equipment, stored articles, insulation, or any portion of the structure in which inspection would necessitate removing or defacing any part of the structure.

2. The inspection will be visual but may include probing and sounding of structural members as deemed necessary by the inspector, based upon a preliminary finding of visual evidence of infestation or damage.

3. The inspection shall include an examination for visual evidence of wood-decaying fungi and damage caused by wood-decaying fungi. Wood-decaying fungi are fungi that can cause damage to wood, such as those that produce white rot, brown rot, poria, and cubical rot, but not surface molds that do not cause damage to sound wood.

(6) 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 FreshFromFlorida.com or submit the Pest Control Business License Application, (FDACS-13605, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07321.

(a) 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) 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) The renewal fee for each original license shall be $300.

(d) Licensees must also submit an Application for Pest Control Employee-Identification Card, FDACS-13606, Rev. 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 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) The licensee shall maintain written training records for both the initial five (5) day (40 hour) training required in Section 482.091(3), F.S., and the continuing training required in Section 482.091(10), F.S., on all identification cardholders within their employ and make those records available during routine inspection or upon request of the department. Licensees must maintain the training record for at least a two year period. The training required for Section 482.091(3), F.S., must be conducted by a certified operator or a person under the supervision of the certified operator in charge who has been designated in writing as responsible for training. The 40 hour initial training shall be verified by:

(a) Completion of the Verification Record of Initial Employee Training, (FDACS-13665, Rev. 05/21 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX 07322, or

(b) A written record of 40 hours of attendance in a training course with a written course syllabus and copies of all training materials used in the course available for department inspection.

(2) No Change

(3) Employees whose job duties include fumigation sales must have at least two of the 40 hours required by Section 482.091(3), F.S., cover the topics of contract regulations, fumigant fact sheet information, consumer preparation requirements, fumigant and warning agent properties including health risks, use of secondary locks, signage, re-entry notices, key/access provisions, subcontracting procedures, safety precautions, measuring the structure, and proper clearance testing.

(4)(3) For the purposes of complying with Section 482.091(10), F.S., each classroom training session shall be at least 50 minutes in length or one contact hour. Partial contact hours will not be accepted. “Pesticide safety” deals with any aspect of pesticide formulation, handling and use. Example topics would include: pesticide types and formulations, human poisoning symptoms, routes of exposure and protective equipment, pesticide storage, transport and use, spray drift and groundwater runoff. “Integrated pest management” deals with any aspect of pest management. Example topics would include: inspection (locating and monitoring pests), establishing treatment thresholds, sanitation/habitat modification, trapping, biological and use of pesticides, and pesticide application equipment. “Applicable federal and state laws and rules” deal with any aspect of government regulation of the pest control industry. Example topics would include: reviewing federal FIFRA requirements, reviewing or discussing modifications to Chapter 482, F.S. and/or Chapter 5E-14, F.A.C., and reviewing other regulatory agencies or legislative bodies regulations dealing with pesticide use, hazardous waste storage/disposal and/or transportation. 

(5)(4) Licensees or certified operators applying for Wood-Destroying Organism Inspector Identification cards for employees in compliance with Section 482.091(9), F.S., may complete the application process online at http://www.FDACS.gov FreshFromFlorida.com, or shall submit the Special Training to Perform Wood-Destroying Organisms Inspections and Control Training Verification Record, (FDACS-13642, Rev. 10/15), which is hereby adopted and incorporated by reference and available online at https://www.flrules.org/Gateway/reference.asp?No=Ref-07324, to the address as instructed on the form.

(6)(5) Fumigation employees that participate in fumigations using a residential fumigant must complete Initial and Annual Stewardship Training as required by the label and Stewardship Policy for the residential fumigant(s) used as defined in Rule Chapter 5E-2, F.A.C. Information verifying Continuing Education Units for Stewardship Training (Initial or Annual) for all residential fumigant(s) used by the fumigation employee must be submitted to the department annually through http://ceu.freshfromflorida.com, or by submtting the Record of Attendance for Continuing Education Units (CEUs), Form FDACS-13325, Rev. 10/13, which is incorporated by reference in Rule 5E-9.029, F.A.C., by electronic mail to [e-mail], or facsimile to [phone] by the renewal date of the fumigation employee’s identification card.

(7)(6) 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.govFreshFromFlorida.com, or by submitting the Special Training to Perform Fumigation Affidavit (FDACS-13002, 05/21 01/17), 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 482.091, 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