27387288, 5E-13.021 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 27387288

Notice of Proposed Rule

Department:

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES

Division:

Division of Agricultural Environmental Services

Chapter:

MOSQUITO CONTROL PROGRAM ADMINISTRATION

Overview

RULE:

5E-13.021	Definitions
5E-13.022	Eligibility for State Approved Program and/or Aid
5E-13.027	Monthly Reporting Requirements and Filing For All State Approved Programs.
5E-13.030	State Aid Basis and Availability
5E-13.031	District or County Use of Funds
5E-13.032	Program Directors, Employment and Classification
5E-13.0332	Inspections and Investigations
5E-13.036	Demonstrable Increase or Other Indicator of Arthropod Population Level

PURPOSE:

The rulemaking will update definitions, forms, and requirements for mosquito control districts, to clarify the rules and assist the districts in achieving compliance.

SUMMARY:

Proposed modifications to 5E-13.021 will alphabetize the definitions and update two defined phrases to reduce confusion. 
Rules 5E-13.022, 5E-13.027, 5E-13.030, and 5E-13.031 are being amended to update required forms and associated references. 
Rule 5-13.022 is being amended to incorporate all forms which are submitted annually, into the same section. The update also includes significant changes to the form Operational Workplan, FDACS-13666. The form will be renamed to Integrated Mosquito Management Plan and will provide clear direction on the information required. FDACS-13617 and FDACS-13623 are being amended to make minor changes that will help reduce confusion on understanding and signing the form. 
Rule 5E-13.027 is being renamed and amended to incorporate all monthly reporting requirements into one section. FDACS-13652 is being renamed the Mosquito Control Monthly Report - Pesticide Activity and is being reordered and cleaned up for ease of completing the form. FDACS-13663, FDACS-13652 and FDACS-13613 are being amended to incorporate minor edits to the layout of the forms. 5E-13.027 is also being amended to include local budget reporting requirements for all participating programs which will bring the rule into alignment with the requirements in Chapter 388, Florida Statutes (F.S.). 
The time frame for submission of the September budget report is being changed to thirty (30) days to align with the statutory requirements found in 388, F.S. Language regarding the failure to submit reports within 90 days of deadline is being stricken. 
Rule 5E-13.030 is being restructured and language clarified in an effort to align with Chapter 388, F.S. A modification to subsection (2) clarifies language as to how Tier II programs can use funding based on 388, F.S. Subsection (3) is being amended to provide clarity for programs that budget less than one million dollars. Subsection (4) was amended to include language specific to counties or Districts that may start a new mosquito control program, which matches language in 388, F.S. Revisions to subsection (6) will clarify steps the Department will take when determining state matching funds and what will occur if funds are not matched in accordance with the rule.
Proposed amendments to 5E-13.031, will adopt the most up to date version of FDACS-13613.
Proposed amendments to 5E-13.032 will expand the requirement for having a Director to all programs seeking state approval. Additionally, the minimum qualification for Directors is being expanded to include the requirement that they possess a public health pest control license.
5E-13.0332 is a new rule section. The proposed language will list and adopt 5 forms which are currently used as a part of mosquito control inspections.
Proposed amendments to 5E-13.036 include new criteria by which a program can conduct adulticide applications.

RULEMAKING AUTHORITY:

388.261, 388.361

LAW:

388.162, 388.201, 388.231, 388.261, 388.271, 388.281, 388.341, 388.361, (2)(a)

PRINT PUBLISH DATE:

8/1/2023 Vol. 49/148

COMMENTS:

From 8/1/2023 To 8/22/2023 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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