24434511, 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: 24434511

Notice of Proposed Rule

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.

SUMMARY:

Proposed modifications to 5E-14.1025 will codify the revision date to multiple FDACS forms. 
Fumigation Inspection Report form FDACS-13629 is being reformatted and expanded to include additional areas of inspection.  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 FDACS-13633 and FDACS-13676 are being repealed to eliminate separate notices of inspection for pest control businesses and Limited Certification Commercial Landscape Maintenance.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 modified 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 incorporate a revised version of the Notification of Fumigation FDACS-13667 which 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.
5E-14.105(1) is amended to note the revision to FDACS-13692. The Consumer Notice Form FDACS-13692 is being amended to remove irrelevant information and to include a Spanish language version of the form on the second page. 
5E-14.117 is amended to note the revision of forms FDACS-13607, FDACS-13604, FDACS-13610, FDACS-13677, FDACS-13681, and FDACS-13685. The Pest Control Examination Application FDACS-13607 is being amended to add a question regarding felony convictions. The Limited Certification for Commercial Landscape Maintenance Personnel form FDACS-13604 is being amended to require the submission of a photograph with the form and to add a question regarding felony convictions. The Limited Certification for Government Pesticide Applicators or Private Applicators form FDACS-13610 is being amended to add the submission of an email address, date of birth and county to be examined in as well as a question regarding felony convictions. The Application for Limited Certification for Urban Landscape Commercial Fertilizer FDACS-13677 is being amended to remove the requirement that an applicant provide their driver’s license number. The Renewal Notice Limited Commercial Urban Fertilizer Applicator Certificate FDACS-13681 is being amended to outline the rule requirements. The Limited Certification for Commercial Wildlife Management form FDACS-13685 is being amended to add the submission of a contact email and to add a question regarding felony convictions.
5E-14.132 is amended to note the revision of form FDACS-13638 and the spelling of the word department. The Renewal Notice Certified Pest Control Operator form FDACS-13638 is being amended to add the submission of a contact email.
5E-14.142 is amended to note the revision of forms FDACS-13000, FDACS-13645, and FDACS-13605. The Fumigation Log form FDACS-13000 is being amended to include the name of the individual who released the fumigant. Wood-Destroying Organisms Inspection Report FDACS-13645 is being amended to include the phone number for the Bureau of Inspection and Incident Response. The Pest Control Business License Application FDACS-13605 is being amended to add the submission of a Federal Employer Tax Identification Number and an email address. 5E-14.142(9)(d) is incorporating by reference and requiring the submission of the Application for Pest Control Employee-Identification Card FDACS-13606 with each original or renewal business license application, or any business license change or within 30 days of employment of that employee. 
5E-14.1421 is amended to note the revision of form FDACS-13665 and FDACS-13002. The Verification Record of Initial Employee Training form FDACS-13665 is being amended to include a note related to training of employees whose job duties include fumigation sales. The Special Training to Perform Fumigation Affidavit FDACS-13002 is being amended included the requirements of 5E-14.1421(7), F.A.C., and the signature of the Licensee or Certified Operator in Charge. 
Sections 5E-14.105, 5E-14.110, 5E-14.117, 5E-14.132, 5E-14.136, 5E-14.142, and 5E-14.1421 are being amended to update the FDACS website URL to the FDACS.gov domain.

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:

4/20/2021 Vol. 47/76

COMMENTS:

From 4/20/2021 To 5/11/2021 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-07288 Inspection Notice, (FDACS-13656, Rev. 10/15)
Ref-07290 Affidavit - Pretreatment, (FDACS-13658, Rev. 10/15)
Ref-07291 Affidavit, (FDACS-13661, Rev. 09/16)
Ref-07292 Licensee Inspection Termites and Other Wood-Destroying Organisms Category, (FDACS-13672, Rev. 09/16)
Ref-07293 Licensee Inspection Pesticide Product Review, (FDACS-13673, Rev. 09/16)
Ref-07297 Request for Investigation, (FDACS-13621, Rev. 10/15)
Ref-07298 Report of Investigation, (FDACS-13640, Rev. 10/15)
Ref-07299 Request for Inclusion on Honey Bee Eradication or Removal List, (FDACS-13689, Rev. 10/15)
Ref-07300 Company Complaint Response Form, (FDACS-13620, Rev.10/15)
Ref-07301 Request for Information, (FDACS-13678, Rev. 10/15)
Ref-07302 Illegal/Unlicensed Pest Control Operations Report Form, (FDACS-13687, Rev. 10/15)
Ref-07303 Pesticide Sample Collection Report, (FDACS-13234, Rev. 10/15)
Ref-07306 Employment Service, (FDACS-13627, Rev, 10/15)
Ref-07307 Documented Pesticide Application for Certification Exam Qualification, (FDACS-13653, Rev, 10/15)
Ref-07309 Certificate of Insurance, (FDACS-13688, Rev. 09/16)
Ref-07310 Renewal Notice Limited Commercial Landscape Maintenance, (FDACS-13680, Rev. 10/15)
Ref-07319 Application for Special Identification Card (SPID-Fumigation), (FDACS-13693, Rev, 09/16)
Ref-07324 Special Training to Perform Wood-Destroying Organisms Inspections and Control Training Verification Record, (FDACS-13642, Rev, 10/15)
Ref-07327 Renewal Notice Special Identification Cardholder, (FDACS-13641
Ref-07616 Licensee Inspection Fumigation Category (FDACS-13674, Rev. 09/16)
Ref-07905 Special Training to Perform Fumigation Affidavit (FDACS-13002 01/17)

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