Notice of Proposed Rule

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NO: RULE TITLE
5E-2.028: Restrictions on Use and Sale of Aldicarb; Permit Requirements and Procedures; Forms Department Authorization; Records; Penalties
PURPOSE AND EFFECT: The purpose and effect of the proposed rules is to delete obsolete website.
SUMMARY: The proposed rule action will delete an obsolete website and update and revise forms.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 487.042, 487.051, 570.07(23) FS.
LAW IMPLEMENTED: 487.051, 487.160 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN FAW.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Mr. Bruce Nicely, Chief, Bureau of Compliance Monitoring, 3125 Conner Boulevard, Building #8, Tallahassee, Florida 32399-1650; telephone (850)488-8731

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-2.028 Restrictions on Use and Sale of Aldicarb; Permit Requirements and Procedures; Department Approval; Records; Penalties.

(1) No change.

(2) Permit Requirements and Procedures.

(a) Prior to applying aldicarb in this state, the licensed applicator shall obtain a permit to apply aldicarb in Florida. Permits may be obtained by filing an application for permit with the department and meeting all permit requirements. Applications shall be filed either electronically on the web site http://www.flpesticidepermit.org http://www.temikpermit.com or in hard copy by delivery of a completed Application for Permit to Apply Aldicarb (Temik), Form DACS-13317, Rev. 06/08 revised 9/06, to the address listed on the form. For the purposes of this rule, filing means received by the department. Licensed pesticide applicators may obtain a username and password to use the electronic filing process by submitting a completed Request for Username and Password for Electronic Temik Permit Application, Form DACS-13356, Rev. 04/08 revised 5/04, to the address listed on the form.

(b) through (d) No change.

(3) Forms.

(a) Form DACS-13317, Rev. 06/08, Application for Permit to Apply Aldicarb (Temik), revised 9/06, hereby adopted and incorporated by reference, may be obtained from the web site http://www.doacs.state.fl.us/onestop/ aes/temik.html  http://www.flaes.org or from the Pesticide Certification Section, Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399; telephone (850)488-3314.

(b) Form DACS-13356, Rev. 04/08, Request for Username and Password for Electronic Temik Permit Application, revised 5/04, hereby adopted and incorporated by reference, may be obtained from the web sites  http://www.doacs.state.fl.us/onestop/aes/temik.html  http:// www.temikpermit.com or http://www.flaes.org or from the Pesticide Certification Section, Florida Department of Agriculture and Consumer Services, 3125 Conner Boulevard, Building 8 (L29), Tallahassee, Florida 32399; telephone (850)488-3314.

(4) through (6) No change.

Specific Authority 487.042, 487.051, 570.07(23) FS. Law Implemented 487.051, 487.160 FS. History–New 1-1-84, Amended 4-8-84, 5-8-85, Formerly 5E-2.28, Amended 2-9-93, 7-18-95, 9-21-98, 3-28-02, 11-8-06,_________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Mr. Bruce Nicely
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Mr. Anderson “Andy” Rackley
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 1, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: May 2, 2008