24408030, 5E-14.1025 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 24408030

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-14.1025	Inspections and Investigations
5E-14.105	Contractual Agreements in Public's Interest - Control and Preventive Treatment for Wood-Destroying Organisms
5E-14.110	Fumigation Requirements - Notices
5E-14.117	Application for Department Credentials
5E-14.132	Certificate Issuance and Renewal Fees
5E-14.136	Fumigation Special Identification Card Examination, Renewal Fees, Forms, and Duties
5E-14.142	Responsibilities and Duties - Records, Reports, Advertising, Applications
5E-14.1421	Identification Card - Training Verification

PURPOSE:

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.

SUBJECT:

Proposed modifications to 5E-14.1025 will codify the revision date to multiple FDACS forms. 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FDACS-13633 and FDACS-13676 are being repealed to eliminate separate notices of inspection for pest control businesses and Limited Certification Commercial Landscape Maintenance.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 modify 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 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.

RULEMAKING AUTHORITY:

482.051, 482.151, 482.1562, 482.091, 570.07(22), 570.07(23)

LAW:

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)

PRINT PUBLISH DATE:

4/13/2021 Vol. 47/71

RELATED STATUTES
AND LAWS:

482.051, 482.151, 482.1562, 482.091, 570.07(22), 570.07(23), 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)

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-14.1025&PDate=4/13/2021&Section=1

REFERENCE MATERIALS:

No reference(s).

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