64E-14.004. Standards, Permits, Inspections, Violations, Complaints and Retaliation

(1) Standards. Before any person establishes, operates, or allows occupancy of a migrant labor camp or residential migrant housing, the operator shall ensure that the camp or housing complies with the minimum standards of construction, sanitation, and, equipment established in Sections 381.008 through 381.00897, F.S. the rules of this chapter, and the Occupational Safety and Health Act of 1970, 29 U.S.C. s. 655, or the Housing and Urban Development (HUD) Chapter 10 Housing Quality Standards as referenced in the Housing Choice Voucher Program Guidebook 7420.10G effective as of April 2001. The Occupational Safety and Health Administration’s (OSHA) standards for Temporary Labor Camps in 29 U.S.C. s. 655, and HUD’s Chapter 10 Housing Quality Standards in the Housing Choice Voucher Program Guidebook 7420.10G, are herein adopted and incorporated by reference. A copy of the OSHA Standards can be obtained at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791 or U.S. Government Printing Office, 732 N. Capital Street, Washington, DC 20401. A copy of the Chapter 10 HUD Housing Quality Standards referenced in the Housing Choice Voucher Program Guidebook can be obtained at the U.S. Department of Housing and Urban Development Office located at Brickell Plaza 909 S. E. 1st Ave., Room #500, Miami, Florida 33313 or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Any housing that is furnished as a condition of employment so as to subject it to the requirements of OSHA shall only be inspected under the OSHA standards. This applies to migrant labor camps as that term is defined in subsection 64E-14.002(14), F.A.C. The HUD standards are applicable only to housing authority projects funded to house migrant and seasonal farmworkers. Mobile Home Parks that have 5 or more seasonal or migrant farmworkers as occupants of the park will be issued a revised Mobile Home/RV Park and Residential Migrant Housing Permit.

(2) Application for Permits.

(a) All applications for a permit to operate a migrant labor camp or residential migrant housing shall be filed with the department at least 30 days prior to the date of operation on DH Form 4082, Application For A Migrant Labor Camp Permit, Sept. 98, incorporated herein by reference. DH Form 4082 is available at county health departments located in each county or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Completed applications required in this subsection shall be submitted to the county health department where the farmworker housing is located and shall be accompanied by the fee specified in Rule 64E-14.005, F.A.C.

(b) In the event of a change of ownership of a migrant labor camp or residential migrant housing, the new owner shall file DH Form 4082 with the department at least 15 days before the change of ownership occurs and pay the application fee amount designated in Rules 64E-14.005(1)-(3), F.A.C.

(3) Permit. Prior to the issuance of a permit, the department shall perform an initial inspection to determine whether the proposed migrant labor camp or residential migrant housing operation conforms to the minimum standards established in (1) of this rule. The department shall issue a permit for operation of the migrant labor camp or residential migrant housing upon all violations being successfully corrected after the initial inspection. The department will accept a recent (within three months) satisfactory federal sanitation inspection report, form HUD 9822, as a substitute for a pre-occupancy inspection of housing authority projects. A permit shall be required and must be obtained annually for each such migrant labor camp or residential migrant housing. Permits shall expire on September 30 next after the date of issuance and shall not be transferable.

(4) Inspections.

(a) Migrant labor camps and residential migrant housing occupied 6 weeks or more during a quarter shall be inspected at least twice quarterly during periods of occupancy. Migrant labor camps and residential migrant housing occupied less than 6 weeks during the quarter shall be inspected at least once during the quarter within that 6 week period. Proper documentation must be provided from the owner, operator or person in charge, clearly indicating the period of occupancy. Such documentation may include letters, memos, applications, or inspection forms.

(b) HUD Housing Authorities shall only be inspected twice annually.

(c) Migrant farmworker occupied mobile homes in a mobile home park meeting the 5 or more seasonal or migrant farmworker requirement, will be inspected and required to meet the migrant program standards when issued a revised Mobile Home/RV Park and Residential Migrant Housing Permit. Inspections shall be conducted using inspection form DOH 4060, effective 01/05, Migrant Labor Camp or Residential Migrant Housing Inspection Report, herein incorporated by reference, in accordance with this paragraph. The form may be obtained at the county health departments located in each county or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Department personnel shall conduct inspections at reasonable hours and in accordance with Section 381.0088, F.S.

(d) Field sanitation facilities inspections as defined in Rule 64E-14.016, F.A.C., shall be made at random in the normal course of staff activities.

(5) Violations.

(a) When a major deficiency as defined in subsection 64E-14.002(12), F.A.C., is reported to housing permittees or supervisors, a maximum of 48 hours shall be given to make corrections or provision for corrections that meet the requirements of this chapter. The permittees or supervisors must submit proof (i.e., receipt, estimates or cost  analysis sheet, etc.,) to the department’s staff at the time of the reinspection to show that the major deficiency has been corrected or is in the process of being corrected within the  48 hours timeframe allotted by this rule. The documents presented to the department’s staff must come from companies or persons licensed to provide the required services (i.e., licensed septic tank contractors, licensed plumbers, contractors licensed in building trades and other professions). If the department grants the permittee a time extension to correct the violation, the permittee must provide documentation showing that provisions have been made to correct the major deficiency within 48 hours from the issuance of the extension issued by the county health department staff. The documentation must include a start and completion date by which the major deficiency will be corrected. The major violation must be corrected on or by the date indicated in the documentation, otherwise, the department will issue a citation with a fine. Three or more violations which constitute major deficiencies as defined in subsection 64E-14.002(12), F.A.C., cited during an inspection shall be cause for the department to seek legal remedy in accordance with Rule 64E-14.023, F.A.C.

(b) Continual or repeat violations of the same inspection items related to migrant farmworker housing are cause for the issuance of a citation imposing a fine. A continual or repeat violation is a violation that occurs 3 or more times during a permit year.

(6) Complaints. Any person may file a complaint when they believe that any occupied migrant labor camp or residential migrant housing is in violation of any housing standard contained herein. Such complaint may be made to a county health department or to the Bureau of Community Environmental Health. Upon receipt of the complaint, county health department staff shall inspect the housing identified to determine if a violation does exist. Should the complaint allege a major deficiency at the migrant labor camp or residential migrant housing, the inspection shall be made as soon as practicable. All other complaints will result in a notification to the owner and operator advising them of the complaint and that the alleged violation must be remedied within 3 business days. The department shall conduct an inspection as soon as practicable following such three day period to confirm that the violations have been corrected. When the alleged violations have been corrected, the complainant and the owner and operator shall be notified in writing within 15 working days of the outcome of the complaint and the closure of the complaint process. Upon request of the complainant, the department shall conduct the inspection so as to protect the confidentiality of the complainant.

(7) Retaliation Prohibited. Migrant labor camp and residential migrant housing residents and occupants who make complaints in good faith about housing and sanitary conditions shall not be retaliated against by the owner or operator. Examples of conduct for which an owner or operator may not retaliate are stated in 381.00895, Florida Statutes.

Rulemaking Authority 381.006, 381.0086 FS. Law Implemented 381.0081, 381.0082, 381.0083, 381.00893 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.54, Amended 8-6-92, 11-17-94, Formerly 10D-25.054, Amended 6-23-98, 9-12-99, 9-30-08.