21021081, 5E-14.142 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 21021081

Notice of Development of Rulemaking

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

ENTOMOLOGY - PEST CONTROL REGULATIONS

Overview

RULE:

5E-14.142	Responsibilities and Duties - Records, Reports, Advertising, Applications
5E-14.149	Enforcement and Penalties

PURPOSE:

The proposed rules are being developed to clarify recordkeeping requirements for pest control business licensees, to clarify the type of pest control business changes that require a licensee to notify their contract holders, to adopt more specific language clarifying the issuance of a notice of noncompliance, specifically what constitutes a minor rule violation as defined in Section 120.695 F.S., and to delineate what an intermediate violation is.  In addition, language is being proposed to establish that a violation of Section 482.121 F.S. is a major violation.  Finally, two additional types of criminal convictions are added to the list for which denial of pest control licensure is authorized.

SUBJECT:

Clarification is needed in subsection 5E-14.142(1) regarding recordkeeping.  A specific timeframe is not currently stated for the length of time that records are required to be kept at the licensed business locations.  A two-year period is proposed for retention of such records and also for records relating to the application of Restricted Use Pesticides.  In addition, language is stricken from subsection 5E-14.142(7) to clarify that licensees must notify all contract holders and the department of any change to the licensee’s business location and of any changes relating to responsibility for existing pest control contracts.  Changes in subsection 5E-14.149(6) pertaining to the addition of Notice of Noncompliance language are in accordance with the requirements outlined in Section 120.695 F.S., which states that the department is to issue a Notice of Noncompliance as a first response to a minor violation of a rule.  In addition, the rule changes will establish penalties for violations of Section 482.091, F.S.  It is also being proposed that a violation of Section 482.121 F.S., misuse of a certified operator certificate, now be considered a major violation.  Further it is proposed that subsection (5)(c) is modified to include two additional conditions upon which the department may deny licensure for criminal convictions directly related to the practice of pest control.

RULEMAKING AUTHORITY:

482.051, 570.07(23), F.S.

LAW:

112.011, 120.695, 482.021(21), 482.032, 482.051(1),(5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.121, 482.161,(1)(g),(h), 482.163, 482.226(1), (6), 482.2265, F.S.

PRINT PUBLISH DATE:

10/17/2018 Vol. 44/203

RELATED STATUTES
AND LAWS:

482.051, 570.07(23), F.S., 112.011, 120.695, 482.021(21), 482.032, 482.051(1),(5), 482.061, 482.071, 482.091, 482.111(5), (9), 482.121, 482.161,(1)(g),(h), 482.163, 482.226(1), (6), 482.2265, F.S.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://flrules.org/gateway/ruleno.asp?id=5E-14.142&PDate=10/17/2018&Section=1

REFERENCE MATERIALS:

No reference(s).

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