64E-14.002: Definitions
64E-14.003: Construction Procedures
64E-14.004: Permit, Standards, Inspections, Violations, Complaints and Retaliation
64E-14.005: Application and Variance Fees
64E-14.006: Sites
64E-14.007: Buildings and Structures
64E-14.009: Garbage and Refuse Disposal
64E-14.0095: Pesticide Use, Storage and Disposal
64E-14.010: Insect and Rodent Control
64E-14.013: Sewage and Liquid Waste Disposal
64E-14.015: Personal Hygiene Facilities
64E-14.016: Field Sanitation Facilities
64E-14.017: Food Service Facilities
64E-14.018: Beds and Bedding
64E-14.020: Citations
64E-14.021: Responsibility of Operator
64E-14.023: Enforcement
64E-14.024: Animal Health and Safety
PURPOSE AND EFFECT: The department proposes to amend the rules to conform them to changes to Sections 381.008, 381.0086, and 381.0087, Florida Statutes. The effect of the changes will be to eliminate conflicts between the rules and the underlying statutes, and to have a rule chapter that is more easily understood by the regulated industry and the general public.
SUMMARY: The proposed rule amendments will address definitions, inspections, forms, variances, personal hygiene facilities, food service facilities, beds and bedding, citations, animal health and safety and other matters to protect the health and safety of migrant and seasonal farm workers.
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: 381.006, 381.0086 FS.
LAW IMPLEMENTED: 381.008, 381.0081, 381.0082, 381.0083, 381.0084, 381.0072, 381.0087, 381.00893 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: August 17, 2007, 10:00 a.m.
PLACE: Room 225Q, 4052 Bald Cypress Way, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 7 days before the workshop/meeting by contacting: Sharon Saulter, Environmental Specialist III, Bureau of Community Environmental Health, 4052 Bald Cypress Way, BIN A08, Tallahassee, Florida 32399, (850)245-4277. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Sharon Saulter, Environmental Specialist III, Bureau of Community Environmental Health, 4052 Bald Cypress Way, BIN A08, Tallahassee, Florida 32399, (850)245-4277
THE FULL TEXT OF THE PROPOSED RULE IS:
64E-14.002 Definitions.
As used in this chapter, the following meanings shall apply:
(1) through (5) No change.
(6) “Group toilets” – A room providing a suite of water closets or toilets and lavatories.
(7) ”Hand-labor operations” – Agricultural activities or agricultural operations performed by hand or with hand tools. Hand labor operations also include activities or operations performed in conjunction with hand labor in the field. Examples of “hand labor operations” are the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings, or other crops, including mushrooms, plant (nursery) farms, sod farms, and the hand packing of produce into containers, whether done on the ground, on a moving machine or in a temporary packing shed located in the field. “Hand-labor” does not include such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses), or the operation of a machine, such as a picker or tractor.
(8) “Incident of employment” – Something that is contingent upon or related to being employed. For the purpose of this rule, this term shall also mean the same as condition of employment. Examples include housing provided by farm labor contractors or growers for the migrant and seasonal farmworkers they employ or any other farm labor contractors employ.
(9)(6) “Lighting” – At least one ceiling-type light fixture capable of providing 20 foot-candles of light at a point 30 inches from the floor, and at least one separate double electric wall outlet in each habitable room in a migrant labor camp or residential migrant housing.
(10)(7) “Major deficiency” – Non compliance of a standard or numerous violations of the standards of this chapter which solely or collectively cause an imminent threat to public health or cause a high risk of injury,. Examples of major deficiencies are untreated sewage on the ground, unsafe or deteriorated housing, contaminated water supply, hole(s) in floor extending to the exterior, unsafe stairs and flooring posing a risk of persons falling, unsafe ceiling with risk of imminent collapse, ceiling or roof leaks, gas leaks, exposed or cross connection of electrical wires, boarded windows where the 10 percent window area requirement is not met, boarded doorways providing egress or ingress. such as a contaminated water supply, untreated sewage on the ground, deteriorated or unsafe housing.
(11)(8) “Migrant farmworker” – A person who is or has been employed in hand-labor operations in planting, cultivating, or harvesting agriculture crops within the last 12 months and who has changed residence for purposes of employment in agriculture within the last 12 months. The term hand-labor operations includes the production of a commodity which normally occurs in the fields of a farm or ranch as opposed to those activities which generally occur in a processing plant or packing shed. A worker engaged in the placing of commodities in a container in the field or on-field loading of trucks and similar transports is included. An individual who is primarily employed operating a machine, such as a picker or tractor, is not covered.
(12)(9) “Migrant labor camp” – One or more buildings, building structures, barracks, or dormitories, and the land appertaining thereto, constructed, established, operated, or furnished as an incident of employment as living quarters for seasonal or migrant farmworkers whether or not rent is paid or reserved in connection with the use or occupancy of such premises. The term This does not include a single–family residence that is occupied by a single family.
(13)(10) “Personal hygiene facilities” – Facilities for providing hot water at a minimum of 110 degrees Fahrenheit for bathing and dishwashing purposes, and a supply of potable water available at all times in each migrant labor camp and residential migrant housing for drinking, culinary, bathing, dishwashing, and laundry purposes.
(14)(11) “Potable water” – Water which is satisfactory for drinking, food preparation, bathing, and meets drinking water standards of Rule 62-550, 62-555, 62-560, or 64E-8, F.A.C.
(15)(12) “Private living quarters” – A building or portion of a building, dormitory or barracks, including its bathroom facilities, or a similar type of sleeping and bathroom area, which is a home, residence, or a sleeping place for a resident of a migrant labor camp or residential migrant housing.
(16)(13) “Residential migrant housing” – A building, structure, mobile home, barracks, or dormitory, and any or combination thereof on adjacent property which is under the same ownership, management or control, and the land appertaining thereto, that is rented or reserved for occupancy by five or more seasonal or migrant farmworkers, except:
(a) No change.
(b) A single-family residence which was built to house and is housing a single family or mobile home dwelling unit that is occupied only by a single family and that is not under the same ownership, management, or control as other any farmworker housing to which it is adjacent or contiguous;
(c) through (d) No change.
(17)(14) “Seasonal farmworker” – A person who, within the last 12 months, is or has been employed where a minimum of 50 percent of their time in that position involves hand-labor operations of planting, cultivating, or harvesting of agricultural crops regardless of the duration of employment. and who has not changed residence for the purpose of employment in agriculture. This term includes seasonal workers employed in alternative positions not related to hand-labor operations once the harvesting season has ended. For example, the term seasonal worker includes persons employed operating a machine, such as a picker or tractor, during periods when the hand-labor operations have ended for the season.
(18)(15) “Sewage disposal” – Approved facilities for satisfactory treatment and disposal of human excreta and liquid waste.
(19)(16) “Single Family Residence” – A structure that is designed and built to house only one family rather than several unrelated persons (such as barracks) or multiple families (such as rooming houses).
(20)(17) “Structure” – For the purpose of this chapter, the term shall mean any building which offers protection from the elements for migrant and seasonal farmworkers and includes family residential units, multi-family units, barracks, and rooming houses.
(21)(18) “Substantially renovated” – Migrant farmworker housing which has been remodeled or enlarged to comply with current local building, plumbing, electrical, or fire safety codes and the water supply and sewage disposal sections of this chapter. This does not apply to cosmetic repairs or routine maintenance.
(22) “Vermin” – Any of various small animals or insects that are destructive, or injurious to health, such as cockroaches or rats.
(23) “Water closet – A room or booth containing a toilet and often a washbowl or basin.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.008 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.52, Amended 8-6-92, 11-17-94, Formerly 10D-25.052, Amended 4-25-99, 9-12-99,_________.
64E-14.003 Construction Procedures, Variances.
(1) No change.
(2) Variances.
(a) A person may apply for a permanent, structural variance from specific standard(s) by filing an a written application for such a variance with the Department of Health. The variance request shall be in writing, shall state the particular standard(s) involved, and shall state as conditions of the variance the specific alternative measures which have been taken to protect the health and safety of the workers. The applicant must submit payment of $100 with the request for variance. Checks made payable to the Department of Health shall be forwarded with the variance request and mailed to the Bureau of Facility Programs and it must:
1.(a) Clearly specify the standard(s) from which the variance is desired;:
2.(b) Provide adequate justification that the variance is necessary to obtain a beneficial use of an existing facility, and to prevent a practical difficulty or unnecessary hardship; and
3.(c) Clearly set forth the specific alternative measures that the owner or operator has taken to protect the health and safety of occupants workers and adequately show that such alternative measures have achieved the same result as the standard(s) from which the variance is sought.
(3) Each request for a variance shall be accompanied with a check for $100, made payable to the Bureau of Community Environmental Health, and it shall be sent to the local County Health Department for the county in which the variance is requested.
(4) Within 30 days after receipt of the variance application, the department shall review the application and request from the applicant submission of all additional information necessary for the department to make a determination on the variance request. The department shall, in writing, grant or deny the variance respond within (90) 30 working days of receipt of the variance application, or within 90 days of receipt of all additional information necessary to complete the application when a request for additional information has been made by the department in accordance with this section either granting or denying the request in writing. Any denial of a variance shall include a statement of the right to request an administrative hearing within 21 days from the date the applicant receives the letter of denial. Failure of the department to grant or deny the variance within 90 days, shall constitute harmless error, and shall not provide the basis for an argument that the variance was, in fact, granted.
(5) For the purpose of filing an interstate clearance order with the Agency for Workforce Innovation, if the housing is covered by 20 C.F.R. part 654, subpart E, no permanent structural variance is allowed.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0083, 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.53, Amended 8-6-92, 11-17-94,_________.
64E-14.004 Permit, Standards, Permits, Inspections, Violations, Complaints and Retaliation.
(1) Standards. Before any person establishes, operates, or allows occupancy of a migrant labor camp or residential migrant housing, the operator shall ensure make an application for, and receive from the department, a valid permit for operation of the farmworker housing that the camp or housing complies with the minimum standards of construction, sanitation, and equipment established in Sections 381.008 through 381.00897, Florida Statutes, and rules of this chapter, the Occupational Safety and Health (OSHA) Act of 1970, 29 U.S.C. s. 655, or the current Housing and Urban Development (HUD) Housing Quality Sstandards as referenced in its Master Handbook 4350.1. The Occupational Safety and Health Administration’s standards for Temporary Labor Camps in 29 U.S.C. s. 655, and the current Housing and Urban Development Housing Quality Sstandards in its Master Handbook 4350.1, are herein adopted and incorporated by reference. A copy of the OSHA Standards can be obtained at http://www.osha.gov/pls/oshaweb/owadisp.show_document?p_table=STANDARDS&p_id=9791 or
(2) Application for Permits.
(a) All applications for a permit to operate a migrant labor camp or residential migrant housing shall be filed with the department at least 30 days prior to the date of operation on DH Form 4082, Application For A Migrant Labor Camp Permit, Sept. 98 Jan. 99, incorporated herein by reference. DH Form 4082 is available at county health departments located in each county or at http://www.doh.state.fl.us/environment/community/migrant-labor/index.html. Completed applications required in this subsection shall be submitted to the county health department where the farmworker housing is located and shall be accompanied by the fee specified in Rule 64E-14.005, F.A.C.
(b) In the event of a change of ownership of a migrant labor camp or residential migrant housing, the new owner shall file DH Form 4082 with the department at least 15 days before the change of ownership occurs and pay the application fee amount designated in subsections Rule 64E-14.005(1)-(3), F.A.C. Form 4082 is available at county health departments located in each county. Completed applications shall be submitted to the county health department where the farmworker housing is located.
(3) Permit. Prior to the issuance of a permit, the department shall perform an initial inspection to determine whether If the department finds after inspection that the proposed migrant labor camp or residential migrant housing operation conforms to the minimum standards established in (1) of this rule. required by the rules, and the applicant has paid the application fee when required, The the department shall issue a permit for operation of the migrant labor camp or residential migrant housing upon all violations being successfully corrected after the initial inspection. The department will accept a recent (within three months) satisfactory federal sanitation inspection report, form HUD 9822, as a substitute for a pre-occupancy inspection of housing authority projects. A permit shall be required and must be obtained annually for each such migrant labor camp or residential migrant housing. Permits The permit, unless sooner revoked, shall expire on September 30 next after the date of issuance and shall not be transferable. A recent (within three months) satisfactory federal sanitation report shall be cause to issue an initial permit to a housing authority when the fee has been paid to the department.
(4) Inspections.
(a) Migrant labor camps and residential migrant housing occupied 6 weeks or more during a quarter shall be inspected at least twice quarterly during periods of occupancy. Migrant labor camps and residential migrant housing occupied less than 6 weeks during the quarter shall be inspected at least once during the quarter within that 6 week period. Proper documentation must be provided from the owner, operator or person in charge, clearly indicating the period of occupancy. Such documentation may include letters, memos, applications, or inspection forms. except
(b) HUD Hhousing Aauthorities, which shall only be inspected twice annually.
(c) Migrant farmworker occupied mobile homes in a mobile home park meeting the 5 or more seasonal or migrant farmworker requirement, will be inspected and required to meet the migrant program standards when issued a revised Mobile Home/RV Park and Residential Migrant Housing Permit. Inspections shall be conducted using an inspection form DOH 4060. Department personnel shall conduct inspections at reasonable hours and in accordance with Section 381.0088, F.S.
(d) The department will accept a satisfactory federal sanitation inspection report; form HUD 9822, as a substitute for a pre-occupancy inspection of housing authority projects. Field sanitation facilities inspections as defined in Rule 64E-14.016, F.A.C., shall be made at random in the normal course of staff activities.
(5) Violations.
(a) When a major deficiency as defined in subsection 64E-14.0025(10), F.A.C. is reported to housing permittees or supervisors, a maximum of 48 hours shall be given to make satisfactory corrections or provisions for corrections that meet the requirements of this Chapter. The permittees or supervisors must submit proof (i.e., receipt, estimates or cost analysis sheet, etc.,) to the department’s staff at the time of the reinspection to show that the major deficiency has been corrected or is in the process of being corrected within the 48 hours timeframe allotted by this rule. The documents presented to the department’s staff must come from companies or persons licensed to provide the required services (i.e., licensed septic tank contractors, licensed plumbers, contractors licensed in building trades and other professions). If the department grants the permittee a time extension to correct the violation, the permittee must provide documentation showing that provisions have been made to correct the major deficiency within 48 hours from the issuance of the extension issued by the county health department staff. The documentation must include a start and completion date by which the major deficiency will be corrected. The major violation must be corrected on or by the date indicated in the documentation, otherwise, the department will issue a citation with a fine are satisfactory to the county health department director or their designee. Three or more violations which constitute meet the criteria of major deficiencies deficiency as defined in subsection 64E-14.0025(10)(4), F.A.C., cited during an inspection shall be cause for the department to seek legal remedy in accordance with Rule 64E-14.023, F.A.C.
(b) Continual or repeat violations of the same inspection items related to migrant farmworker housing are cause for the issuance of a fining citation imposing a fine. Three or more violations which meet the criteria of major deficiency as defined in subsection 64E-14.005(4), F.A.C., during an inspection shall be cause for the department to seek legal remedy in accordance with Section 64E-14.023, F.A.C. A continual or repeat violation is a violation that occurs 3 or more times during a permit year.
(6) Complaints. Any person may file a complaint when they believe that any occupied migrant labor camp or residential migrant housing is in violation of any housing standard contained herein. Such complaint may be made to a county health department or to the Bureau of Community Environmental Health Facility Programs. Upon receipt of the complaint, county health department staff shall make an inspection of the housing identified to determine if a violation does exist. Should the complaint allege a major deficiency at the migrant labor camp or residential migrant housing, the inspection shall be made as soon as practicable. All other complaints will result in a notification to the owner and operator advising them of the complaint and that the alleged violation must be remedied within 3 business days. The department shall conduct an inspection as soon as practicable following such three day period to confirm that the violations have been corrected. When the alleged violations have been corrected, outcome of the complaint investigation meets the regulatory standards for health and sanitation, the complainant and the owner and operator shall be notified in writing of the outcome within 15 working days of the outcome of the complaint and the closure of the complaint process. Upon request of the complainant, the department shall conduct the inspection so as to protect the confidentiality of the complainant.
(7) No change.
Specific Authority 381.006(5), 381.0086, 381.00893 FS. Law Implemented 381.0081, 381.0082, 381.0083, 381.00893 FS. History– New 1-1-77, Amended 10-7-84, Formerly 10D-25.54, Amended 8-6-92, 11-17-94, Formerly 10D-25.054, Amended 6-23-98, 9-12-99,__________.
64E-14.005 Application and Variances Fees.
The following application fees for migrant labor camp and residential migrant housing operations shall be assessed annually, with the exception of those facilities meeting the criteria in subsection (4) of this section:
(1) Camps or housing with facilities for 5 to 50 occupants: $125.
(2) Camps or housing with facilities for 51 to 100 occupants: $225.
(3) Camps or housing with facilities for 101 or more occupants: $500.
(4) Migrant labor camps and residential migrant housing, which have been newly constructed and those which have been substantially renovated are exempt from the annual application fee required in this rule for the next annual permit after the renovation or construction occurred. The owner or operator of a mobile home/RV park as defined in Chapter 513, F.S., that is also regulated as migrant farmworker housing, shall only be required to pay a single park fee, unless there have been major deficiencies or uncorrected deficiencies cited by the department, or administrative action taken within the past year regarding the requirements for migrant labor camps and residential migrant housing set forth in Chapter 381, F.S., in which case the applicant shall pay the fee required in Section 381.0084, F.S.
(5) through (6) No change.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.55, Amended 8-6-92, 11-17-94, Formerly 10D-25.055, Amended 6-23-98, 9-12-99,_________.
64E-14.006 Sites.
(1) All sites shall be well drained, free from standing water, and maintained to inhibit the breeding of mosquitoes. Natural sinkholes sink holes, swamps, and pools of water are not allowed within 200 feet of the periphery of the outermost building. A government created surface water diversion pool built within 200 feet of the outermost shelter after the origination of the housing shall not disqualify the housing from meeting this location standard.
(2) through (4) No change.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.57, Amended 8-6-92, 11-17-94, Formerly 10D-25.057, Amended _________.
64E-14.007 Buildings and Structures.
(1) No change.
(2) Buildings and structures in all migrant labor camps and residential migrant housing shall have the corresponding utility connections for equipment required by this rule during occupancy. The owner or operator responsible for the building or structure shall ensure that all required heating, cooking, and water heating equipment is provided. The owner or operator is responsible for ensuring that the equipment is installed in accordance with state and local ordinances, codes, and regulations governing such installations.
(3) Every room All Private living quarters constructed, renovated, or used for sleeping purposes in private living quarters in migrant labor camps and residential migrant housing shall provide a minimum of 50 square feet of floor space for each occupant. In a room where workers cook, live, and sleep, a minimum of 100 square feet of floor space per person shall be provided.
(4) No change.
(5) Rooms used for sleeping purposes and common areas in All private living quarters and common areas shall have at least one window opening directly to the outside. The minimum total window area of a migrant labor camp or residential migrant housing shall equal ten per cent of the floor area of each room. In addition, aAt least one-half of each window shall be constructed so that it can be easily opened for ventilating the room except where department approved mechanical ventilation is provided. In computing total window area and openable window area, jalousie doors may be counted.
(6) No change.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.58, Amended 8-6-92, 11-17-94, Formerly 10D-25.058, Amended _________.
64E-14.009 Garbage and Refuse Disposal.
(1) through (4) No change.
(4) Provisions shall be made for disposing of the garbage, kitchen wastes and other refuse in accordance with Chapter 62-7010, F.A.C. and or applicable local codes,. as applicable.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.60, Amended 8-6-92, 11-17-94, Formerly 10D-25.060, Amended_______.
64E-14.0095 Pesticide Use, Storage and Disposal.
(1) All empty pesticide containers shall be securely placed in a plastic bag and properly disposed into a garbage receptacle or in accordance with EPA pesticide disposal guidelines found at: http://www.epa.gov/pesticides/regulating/disposal htm., or disposed of according to the label on the product. Empty pesticide containers must not be used to store any other substance other than the original contents.
(2) All common household pesticides, such as roach spray, chlorine bleach, kitchen and bathroom disinfectants, rat poison, insect and wasp sprays, repellents, baits, flea and tick shampoos, dips for pets and any other pesticide products applied in the migrant housing unit must be used according to the distributor or manufacturer’s label on the product. All pesticide containers shall contain their original product and the containers shall be properly labeled. Pesticide containers found with products other than the original contents shall be discarded immediately.
(3) Containers containing common household pesticides used within migrant and seasonal farmworker housing units must be properly stored in a safe place, such as in a closet or cabinet away from food and other consumable items. In housing units where children reside, the common household pesticides must be stored out of the reach of children in a locked cabinet or closet away from children. Toxic chemicals must be stored out of the reach of children and in a locked area if children are residing in the home.
(4) Farming tools shall not be stored in the migrant and seasonal farmworker housing units.
Specific Authority 381.006, 381.0086(1) FS. Law Implemented 381.0086(1) FS. History–New_________.
64E-14.010 Vermin Insect and Rodent Control.
Effective measures shall be taken to prevent infestation by and harborage harbarage of vermin animal or insect vectors, or pests. All migrant and seasonal farmworker housing units shall be free of all vermin and maintained in a vermin free and vermin proof condition. All outside openings shall be effectively sealed or screened with a 16 mesh screen or equivalent in order to prevent entry of insects, rodents, or other vermin. If evidence shows that an infestation of vermin is found in the housing units, the owner or operator of the housing unit will be required to hire a licensed or certified exterminator to exterminate the vermin found in the housing unit. The owner or operator shall inform the migrant or seasonal farmworkers by posting a notice in the camp or housing unit to which it applies of any indoor application of pesticides prior to the application. When a licensed or certified exterminator applies pesticides in the home unit, the owner or operator shall obtain from the licensed or certified exterminator information about the potential risks and safety precautions that must be taken. The owner or operator shall share the information with the farmworkers and other household occupants. The owner or operator shall provide proof to the county health department official at the next inspection that the housing unit was exterminated by a certified exterminator, with a receipt for the extermination service rendered. Failure by the owner or operator to provide proof to the department that measures taken to control vermin in the housing unit are department approved, shall constitute a violation of this chapter.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.61, Amended 8-6-92, 11-17-94, Formerly 10D-25.061, Amended 11-4-04,________.
64E-14.013 Sewage and Liquid Waste Disposal.
(1) No change.
(2) Such facilities shall be constructed and maintained in compliance with Chapter 64E-6 10D-6 or Chapter 62-600, F.A.C.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.64, Amended 8-6-92, Repromulgated 11-17-94, Formerly 10D-25.064, Amended_________.
64E-14.015 Personal Hygiene Facilities.
(1) Personal Hygiene Facilities Requirements for Migrant Labor Camps and Residential Migrant Housing Barracks and Dormitory Type of Facilities
Ratio Chart of Number of Facilities to Number of People
Constructed Prior Constructed/Renovated
(or facilities permitted
for the first time)
September 1, 1992 After September 1, 1992
Toilets Male Female Male Female
1:15 1:20 1:12 1:8
Up to 84 Up to 64
Above 84 Above 64
1:15 1:12
Urinals 1:25 1:20
Up to 160
Above 160
1:40
Showers or Baths 1:20 1:20 1:15 1:15
Handwash 1:20 1:20 1:6 1:6
Drinking Fountain None 1:50
Laundry 1:25 Families 1:30
Farmworkers
(Note: Drinking water fountain ratio pertains to dormitories and barracks only)
(2) No change.
(3) Where toilet rooms are shared, such as in multi-family housing units facilities and barracks facilities, toilet facilities shall be provided for each sex. These rooms shall be distinctly marked “Men” and “Women” by signs printed in English and in the native language of the persons occupying the camp. If the facilities for each sex are in the same building, they shall be separated by a solid wall or partition extending from the floor to the roof or ceiling. All group toilet rooms Toilet facilities in of migrant labor camps and residential migrant housing shall be constructed with privacy partitions between each water closet to block the occupants from view. All privacy partitions for toilets shall have doors. All toilet facilities shall be equipped with a self closing entrance door and maintained in good repair, cleaned with a disinfectant and provided with toilet paper and a garbage receptacle.
(4) Each individual family unit shall contain at least one flush toilet, bathing facility and hand washing unit. If there are minor children in the family, there must be private bathing and toilet facilities provided within the individual living quarters of the family.
(5) Toilet rooms in individual family units shall be so located that no individual is required to pass through a sleeping area, other than their own, in order to use toilet facilities. Adequate lighting shall be provided in all toilet rooms. Toilet rooms shall be ventilated to the outside when where there is no window. No flush toilet fixture or urinal shall be located in a sleeping room.
(6) The floors of hand washing, bathing and laundry facilities in migrant labor camps and residential migrant housing shall be of smooth but non-skid finish, impervious to moisture, and sloped to drain.
(7) A laundry facility shall consist of a two compartment stationary tub or an electric washer and dryer. Except as provided elsewhere in this paragraph, there must be at least one laundry facility provided at each migrant labor camp and residential migrant housing establishment. In the event the laundry facility is not located on the premises of residential migrant housing establishments, the owner or operator of the residential migrant housing must either install a laundry facility on the premises or provide transportation to the laundry facility for the migrant or seasonal farmworkers occupying the permitted residential migrant housing. The owner or operator must provide transportation to the laundry facility at least twice a week for the migrant or seasonal farmworkers.
(8) A separate laundry basket shall be provided by the owner or operator for farmworkers to separate the workers’ soiled clothing worn in the fields from other clothing worn in the home. The laundry basket must be labeled in the native language of the majority of the farmworkers and in English (for example, Spanish and English, Haitian Creole and English, Vietnamese and English) as: “Dirty Field Clothing, Wash Separately”. The owners and operators shall obtain a copy of the United States Environmental Protection Agency’s mini booklet entitled “Steps to Protect Yourself from Pesticides” at http://www.cdc.gov/nasd/docs/d000701-d000800/d000732/d000732.html or from the county health department to distribute to the migrant and seasonal farmworkers. The booklet contains educational material in Spanish, English and Haitian Creole, explaining the precautionary measures that must be taken to prevent pesticide poisoning in the home as well as explaining the importance of separating soiled field clothing from other clothing worn in the home. The booklets provided must be in the native language of the migrant and seasonal farmworkers. The owners or operators shall obtain a list of contact information for the migrant and seasonal farmworkers directing them where to seek medical attention and where to report a poisoning incident. The list shall be displayed in a conspicuous place in a common area in the migrant labor camp or residential migrant housing units for the health official to view during the inspections.
(9) Floor The floor drains properly trapped shall be provided in all shower baths and shower rooms to remove waste water and facilitate cleaning. The walls and partitions of shower rooms shall be smooth and impervious to moisture. A hose bib equipped to prevent backflow is required in each communal shower area. Soap and single service hand drying facilities shall be provided at communal personal hygiene facilities.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.66, Amended 8-6-92, 11-17-94, Formerly 10D-25.066, Amended ________.
64E-14.016 Field Sanitation Facilities.
Field Sanitation Facility Requirements FIELD SANITATION FACILITIES REQUIREMENTS
Number of persons Toilets Hand Washing Units Drinking Water
5-10 1 1 Yes
(1) Where 5 to 10 hand-laboring farmworkers are employed in one location at one time, a field sanitation facility, consisting of 1 toilet facility and 1 hand washing unit shall be provided. The toilet and hand washing unit shall be located adjacent to each other. The facility shall be located within a one-quarter-mile walk of any hand-laborer’s place of work in the field. Where it is not feasible to locate facilities as required above due to terrain, the facilities shall be located at the point of closest vehicular access.
(2) Field toilet facilities shall be constructed and maintained in accordance with provisions of Section 64E-6.0101 64E-6.001, F.A.C., emptied at least weekly, and provide a minimum storage capacity of 50 gallons per unit. Waste Septage from all field toilet facilities shall be disposed by a method approved by the county public health department unit. The department shall approve portable water flushed units when determined appropriate for a particular situation. Toilet facilities shall have a screened ventilation opening and self-closing doors that can be closed and latched from the inside and shall be constructed to ensure privacy.
(3) Noking water shall be potable and provided in containers constructed of smooth, impervious, corrosion resistant material., such as Hydrocoolers or water coolers constructed as such are acceptable for use. Potable water containers shall be maintained by sanitary methods. The interiors of potable water containers shall be cleaned and sanitized at least daily. The containers shall be marked with the words “Drinking Water”, in English and in the native language of the majority of the workers. Single service cups shall be provided unless bottled water is provided or water is dispensed from a fountain equipped with an angled, protected jet outlet. Ice used for cooling drinking water shall be made from potable water. The water shall be suitably cool and in sufficient amounts, taking into account the air temperature, humidity and the nature of the work performed, to meet the needs of all employees. County health department staff, during the normal course of their work, shall take water samples at random to ensure the potability of the drinking water.
(5) The owners, operators, crewleaders, or primary persons in charge shall ensure that sanitary facilities are available (handwashing receptacles, soap, water, etc.) to allow for washing of hands after working in the fields and before drinking, eating or smoking tobacco. Farmworkers shall be reminded not to eat unwashed produce from the field or use pesticide containers or other items from the field for food or drinking containers this is to prevent accidental ingestion of pesticide residues.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.67, Amended 8-6-92, 11-17-94, Formerly 10D-25.067, Amended 9-12-99,________.
64E-14.017 Food Service Facilities.
(1) In each individual family unit, there shall be provided a range, a sink supplied with hot and cold water under pressure, and a refrigerator-freezer capable of maintaining temperatures at or below 41 45 degrees Fahrenheit for the refrigerator and at or below 0 degrees Fahrenheit for the freezer.
(2) No change.
(3) In facilities where there is a central mess servicing a dining room or mess hall, the central mess shall be operated and equipped in compliance with Chapter 64E-11, F.A.C. A separate permit for operation of the central mess in the migrant labor camp shall not be required.
(4) through (5) No change.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.68, Amended 8-6-92, 11-17-94, Formerly 10D-25.068, Amended_________.
64E-14.018 Sleeping Facilities, Beds and Bedding.
(1) Sleeping facilities shall be available to each migrant labor camp and residential migrant housing occupant. Barracks type facilities which are designed or operated for both sexes shall contain separate sleeping facilities for each sex. Sleeping facilities shall consist of beds, or cots or bunks complete with mattresses. The operator shall monitor the sleeping facilities to ensure the areas are clean and that When provided by the operator, bedding is shall be kept clean and free from rips and holes. All mattresses must either be replaced or cleaned when soiled or include a clean protective mattress covering made of a material, such as cloth. The covering shall also be smooth and easily cleanable. The covering must be designed to remain intact and protect the mattress from getting soiled. Bed coverings shall be kept clean and in good repair. The owners and operators of the migrant labor camps or residential migrant housing will be responsible for ensuring the protective mattress covers remain intact over the mattresses in use during the periods of occupancy.
(2) through (4) No change.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.69, Amended 8-6-92, 11-17-94, Formerly 10D-25.069, Amended_________.
64E-14.020 Citations, Fines.
(1) Citations will be written on DH Form 4084, ________ Feb 99, herein incorporated by reference, and shall describe the particular nature of the violation, including a specific reference to the provisions of statute or rule allegedly violated. Each and each day the violation exists without being corrected constitutes a separate violation for which a citation may be issued. The citation shall be issued to the owner, supervisor, or operator of the migrant farmworker housing or to the responsible person for remedying the field sanitation facilities' violation including the crew leader, the harvesting company, or the property owner and when a responsible person cannot be identified; any of the above may be cited. The DH Form 4084 can be obtained from the Department of Health. The fines imposed by a citation issued by the department may not exceed $500 for each violation.
(2) No change.
(3) Department of Labor and Employment Security crew chief compliance officers shall also issue field sanitation citations to violators of requirements of this section.
(3)(4) To have the amount of the imposed fine reduced up to one-half, the citation recipient must submit physical proof to the department's county health department director, administrator, or other authorized staff that the violation was corrected within 48 24 hours from the time of the citation. In reducing the amount of the fine, department staff shall take into consideration such factors as the gravity of the violation and the history of compliance of the violator. In determining whether to reduce or waive the fine, the department shall give due consideration to such factors as the gravity of the violation, the good faith in correcting the violation demonstrated by the person who has allegedly committed the violation, and the person’s history of previous violations, including violations for which enforcement actions were taken under this section or other provisions of state law.
(4)(5) No change.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.71, Amended 8-6-92, 11-17-94, Formerly 10D-25.071, Amended 9-12-99,_________.
64E-14.021 Responsibility of Operator and Owners.
(1) through (3) No change.
(4) Farmworker Housing Citation Fines. The fines imposed by a citation issued by the department may not exceed $500 for each violation.
(5) The department may reduce or waive the fine imposed by the citation where the person responsible for correction presents proof to the department’s county public health unit director, administrator or other authorized staff that the violation was corrected within 48 hours from the time of the citation. In determining whether to reduce or waive the fine, the department shall give due consideration to such factors of the gravity of the violation, the good faith of the person who has allegedly committed the violation, and the person's history of previous violations, including violations for which enforcement actions were taken under this section or other provisions of state law.
Specific Authority 381.006(5), 381.0086 FS. Law Implemented 381.0086, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, Formerly 10D-25.72, Amended 8-6-92, 11-17-94, Formerly 10D-25.072, Amended 9-12-99,_________.
64E-14.023 Enforcement.
(1) No change.
(2) Any person who interferes with, hinders, or opposes any employee of the department in the discharge of his or her duties pursuant to the provisions of Chapter 381, Chapter 386, Chapter 513, or Chapter 514, F.S. Florida Statutes, or who impersonates an employee of the department, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Any person who knowingly commits an assault or battery upon department personnel engaged in the lawful performance of their duties is guilty as delineated in subsection 381.0025, F.S.
Specific Authority 381.008-381.0086 FS. Law Implemented 381.0012, 381.0025, 381.0061, 381.0087 FS. History–New 1-1-77, Amended 10-7-84, 10D-5.74, Amended 8-6-92, 11-17-94, Formerly 10D-25.074, Amended_________.
64E-14.024 Animal Health and Safety.
(1) Animals requiring rabies vaccination under Section 828.30, F.S., must be vaccinated for rabies and their vaccinations must be current at the time of inspection. Proof of a current vaccination certificate shall be kept by the owner/operator of migrant labor camps or residential migrant housing and shall be made available to the department upon department request.
(2) All animals must be kept free from disease and in good health or under treatment by a licensed veterinarian.
(3) Aggressive, venomous, or potentially dangerous animals are not allowed in migrant labor camps or residential migrant housing units.
Specific Authority 381.006, 381.0086(1) FS. Law Implemented 381.0086(1) FS. History–New_________.