Notice of Change/Withdrawal

DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Division of Agricultural Environmental Services
RULE NO.: RULE TITLE:
5E-14.117: Application for Examination for Pest Control Operator's Certificate and Special Identification Card and Limited Certificate for Urban Landscape Commercial Fertilizer Application
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 51, December 22, 2011 issue of the Florida Administrative Weekly.

PURPOSE AND EFFECT: The purpose and effect of these rule changes is to define requirements for individuals seeking the Limited Commercial Wildlife Management Certificate for individuals wishing to control commensal rodents in Florida. An applicant seeking certification will be required to submit an application on a form prescribed by the Department with an examination fee of $150. Certificate holders will be required to annually submit a recertification fee of $75 with a completed recertification notice form prescribed by the Department.

SUMMARY: The proposed rule implements the provisions of newly adopted Florida Statutes, Section 482.157, which establishes a Limited Wildlife Commercial Certificate by setting forth a required examination fee of $150 to be submitted and a prescribed form application to be completed and submitted by an applicant. It also provides for a recertification notice form that must be completed and submitted with a recertification fee of $75 by a certificate holder annually for renewal of the certificate.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this rule will not have an impact on small business and is not likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

If adopted, the proposed rule is not expected to require legislative rule ratification under Section 120.541(3), Florida Statutes, (or any other statute) before becoming effective for the following reasons: 1) None of the requirements in Section 120.541(1), Florida Statutes, for preparing a Statement of Economic Regulatory Costs (SERC) were triggered; and 2) Based on information received from wildlife professional association membership rolls and discussions with industry representatives the following was determined: The estimated number of individuals seeking certification is estimated to be approximately 600. There are minimal or no transaction costs estimated. The exam application requires readily available information about the applicant applying for the credential, their company, and a passport type photograph and can be completed without the need for additional staff or other professional help. The examination fee is $150. Therefore, the estimated financial impact is approximately $90,000.00. No other impacts to small business or governmental agencies are anticipated because the Department’s Bureau of Entomology and Pest Control is solely responsible for the administration of the Structural Pest Control Law.

Any person who wishes to provide information regarding a statement of regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

5E-14.117 Application for Examination for Department Applicator Credentials.

(1) through (18) No change.

(19) Applicants for limited certification for commercial wildlife management shall submit an examination fee of $150 with their completed application using the form entitled, Limited Certification for Commercial Wildlife Management, DACS 13685, (rev.09/11), which may be obtained by visiting http://www.flrules.org/Gateway/reference.asp?No=Ref-01053. Certificate holders shall submit an annual recertification renewal fee of $75.00 with their completed Recertification Renewal Notice Limited Commercial Wildlife Management, DACS 13684, (rev. 2/12 12/11), which may be obtained by visting http://www.flrules.org/Gateway/reference.asp?No=Ref-01052.

(20) No change.

Rulemaking Authority 482.051, 482.1562 FS. Law Implemented 482.131, 482.132, 482.141, 482.151, 482.152, 482.156, 482.1562, 482.157 FS. History–New 1-1-77, Amended 6-27-79, 6-22-83, 10-25-90, Formerly 10D-55.117, Amended 8-11-93, 7-5-95, 5-28-98, 4-29-02, 7-11-07, 2-24-09, 5-12-10,________.