HomeMy WebLinkAbout2001 09 10 Regular C Mosquito Control Programs
COMMISSION AGENDA'
ITEM C
CONSENT
INFORMATIONAL
PUBLIC HEARING
REG8LAR X
September 10, 2001
Meeting
MGR
fJ.,/ /DEPT Jfr
Authorization
REQUEST: Provide the City Commission Additional Information on the Mosquito Control
Program
PURPOSE: The purpose of this Board item is to provide additional information regarding the State
rules and regulations governing Mosquito Control Programs and receive any direction
deemed appropriate from the City Commission.
CONSIDERA TIONS:
The recent discovery of West Nile Virus in Florida has created a concern as to the most
effective approach for mosquito control. The Commission requested additional information at
the August 13th City Commission meeting regarding the policies and regulations that regulate
spraying, the amo~nt of spraying that can be done, and what is allowed to be done relative to
the current City prbgram.
The Bureau of Entomology and Pest Control, Division of Agricultural Environmental
Services, Department of Agriculture and Consumer Services of the State of Florida regulates
Mosquito spraying programs. Chapter 388 of the Florida Statutes establishes the rules for
Mosquito Control and Chapter 5E-13 of the Florida Administrative Code addresses program
administration. Copies of both chapters are attached.
Mosquito Spraying programs must utilize one of three methods to initiating spraying;
light traps, landing counts or complaints. Thresholds for each method are set under 5E-13-036
or as established by each individual program ifnot specifically addressed in the F.A.C. The
local inspector inspects and approves individual spraying programs. We use the complaint
method with 5 calls per zone as the threshold. For the past two months, we have easily
September 10, 2001
Regular Agenda Item C
Page 2
exceeded the threshold to spray weekly. As long as the thresholds are met after each spraying,
there is not a regulatory limit to the frequency or amount of spraying.
The staff currently can spray the entire City in approximately 20 hours spread over
three evenings. This is generally done on overtime. The cost for the mosquito adulticide
chemical is $1,250 per cycle. A weekly spraying program is the general standard based on the
minimum breeding cycle for a mosquito being seven days. The maximum effective spraying
frequency we could achieve due to equipment limitations is twice per week which would
require a supplemental appropriation for chemicals to complete the fiscal year.
Seminole County has recently appropriated $105,000 to conduct grourid based
spraying on County maintained roads. This will provide weekly sprayings for approximately
eight weeks. They also set aside an additional $150,000 for aerial spraying if a health alert is
issued in an adjacent County. This would provide for three aerial sprayings of the
unincorporated populated areas. The cost for the City to participate in the aerial spraying is
estimated at $8,000 per application or approximately $25,000 total for three aerial sprayings.
The next intergovernmental coordination meeting is scheduled for September 20th.
Mosquito complaints have slowed the last month although we are still receiving
sufficient complaints to conduct weekly sprayings. In addition, the Public Works Department
is actively treating breeding areas with larvacides that aid in the control of the mosquito
population.
FUNDING:
The mosquito control program is funded through General Fund - Mosquito Chemicals,
4410-55280 with a starting budget of$10,000.00. Mosquito application equipment is funded
through General Fund - Other Equipment, 4410-56410 that is budgeted for on an as needed
basis each year.
RECOMMENDA TION:
It is recom!llended that the Public Works Department continue to monitor and log calls
and spray based on the approved methods of mosquito control.
September 10, 2001
Regular Agenda Item C
Page 3
IMPLEMENTA TION SCHEDULE:
The Public Works Department is continuing with weekly spraying based on the
mosquito complaint log.
ATTACHMENTS:
1. Florida Statutes Chapter 388 - Mosquito Control
2. Florida Administrative Code Chapter 5E-13 Mosquito Control Program Administration
COMMISSION ACTION:
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View Statutes Search Statutes Constitution Laws of Florida
Order
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The 2000 Florida Statutes
Title XXIX
PUBLIC HEALTH
Chapter 388
Mosquito Control
CHAPTER 388
MOSQUITO CONTROL
View Entire Chapter
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388.0101 Declaration of legislative intent.
388.011 Definitions.
388.021 Creation of mosquito control districts.
388.101 District boards of commissioners; term of office.
388.111 District boards of commissioners; vacancies.
388.121 District boards of commissioners; organization.
388.131 Commissioners; bond.
388.141 Commissioners; compensation.
388.151 District boards of commissioners; meetings.
388.161 District boards of commissioners; powers and duties.
388.162 Direction of the program.
388.171 Power to perform work.
388.181 Power to do all things necessary.
388.191 Power of eminent domain.
388.201 District budgets; hearing.
388.211 Change in district boundaries.
388.221 Tax levy.
388.231 Restrictions on use, loan, or rental of equipment; charges.
388.241 Board of county commissioners vested with powers and duties of board of
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388.251 Delegation of authority to county health department.
388.261 State aid to counties and districts for arthropod control; distribution priorities and
limitations.
388.271 Prerequisites to participation.
388.281 Use of state matching funds.
388.291 Source reduction measures; supervision by department.
388.301 Payment of state funds; supplies and services.
388.311 Carry over of state funds and local funds.
388.321 Equipment to become property of the county or district.
388.322 Record and inventory of certain property.
388.323 Disposal of surplus property.
388.331 Audit.
388.341 Reports of expenditures and accomplishments.
388.351 Transfer of equipment, personnel, and supplies during an emergency.
388.361 Rules; administration.
388.3711 Enforcement.
388.381 Cooperation by counties and district. J
388.391 Control measures in municipalities and portions of counties located outside boundaries
of districts.
388.401 Penalty for damage to property or operations.
388.4111 Public lands; arthropod control.
388.42 John A. Mulrennan, Sr., Arthropod Research Laboratory.
388.43 Florida Medical Entomology Laboratory,
388.45 Threat to public health; emergency declarations.
388.46 Florida Coordinating Council on Mosquito Control; establishment; membership;
organization; responsibilities.
388.0101 Declaration of legislative Intent.--It Is declared to be the public polley of this state
to achieve and maintain such levels of arthropod control as will protect human health and safety
and foster the quality of life of the people, promote the economic development of the state, and
facilitate the enjoyment of its natural attractions by reducing the number of pestiferous and
disease-carrying arthropods. It is further declared to be the policy of the state to conduct
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arthropod control in a manner consistent with protection of the environmental and ecological
integrity of all lands and waters throughout the state.
History.--s. 1, ch. 86-203.
388.011 Definitions.--As used in this chapter:
(1) "Arthropod" means those insects of public health or nuisance importance, including all .
mosquitoes, midges, sand flies, dog flies, yellow flies, and house flies.
(2) "Board of commissioners" means the governing body of any mosquito control district, and
may include boards of county commissioners when context so indicates.
(3) "County" means a political subdivision of the state administered by a board of county
commissioners.
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(4) "Department" means the Department of Agriculture and Consumer Services.
(5) "District" means any mosquito control district established in this state by law for the express
purpose of controlling arthropods within boundaries of said districts.
(6) "Integrated arthropod control" means the implementation of arthropod control measures,
including, but not limited to, the use of pesticides and biological control agents and source
reduction, to control arthropods without an unreasonable adverse effect on the environment.
(7) "Land management agency" means the agency charged with managing publicly owned lands.
(8) "Local arthropod control agency" means the county, city, or district charged with arthropod
control over publicly owned lands.
(9) "Nuisance" means a condition in which pestiferous arthropods occur in such numbers as to
be annoying, obnoxious, or inimical to human comfort.
(10) "Source reduction" means the physical land or water management of arthropod breeding
areas to reduce the area's suitability for arthropod breeding.
(11) "Unreasonable adverse effects on the environment" means any unreasonable risk to
humans or the environment, with due consideration of the economic, social, and environmental
costs and benefits of the use of any arthropod control measure.
History.us. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 146, ch. 71-377; s. 156,
ch. 77-147; s. 2, ch. 86-203; s. 2, ch. 92-203; s. 689, ch. 95-148.
388.021 Creation of mosquito control districts.--
(1) The abatement or suppression of arthropods, whether disease-bearing or merely pestiferous,
within any or all counties of this state is advisable and necessary for the maintenance and
betterment of the comfort, health, and welfare of the people thereof and is found and declared to
be for public purposes. Areas where arthropods incubate, hatch, or occur in significant numbers
so as to constitute a public health, welfare, or nuisance problem may be controlled or abated as
provided in this chapter or the rules promulgated hereunder. Therefore, any city, town, or
county, or any portion or portions thereof, whether such portion or portions include incorporated
territory or portions of two or more counties in the state, may be created into a special taxing
district for the control of arthropods under the provisions of this chapter.
(2) It is the legislative intent that those mosquito control districts established prior to July 1,
1980, pursuant to the petition process formerly contained in is. 388.031, may continue to
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operate as outlined in this chapter. However, on and after that ~ate, no mosquito control districts
may be created except pursuant to s. 125.01.
History.--s. 2, ch. 59-195; s. 9, ch. 80-281; s. 3, ch. 86-203; s. 1, ch. 90-90; s. 12, ch. 91-308.
INote.--Repealed by s. 12, ch. 80-281.
388.101 District boards of commissioners; term of office.--
(1) Following the creation of the district, and in the general election each 4 years thereafter, the
district board of commissioners shall be elected on a nonpartisan basis by the electors of the
district. The three persons receiving the highest number of votes cast in the general election shall
serve 4 years and shall take office at the same time as do other county officers, on the first
Tuesday after the first Monday In January next after their election, and serve on the same cycle
as do other constitutional county officers.
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(2) The district board of commissioners may, by resolution, elect to increase the membership of
the board to five commissioners to be elected on a nonpartisan basis in the manner specified by
subsection (1) to terms of 4 years each.
(3) The district board of commissioners may, by resolution, elect to stagger the terms of office of
the members of the board: If the board of commissioners is composed of three members, at the
first general election following the resolution the electors of the district shall elect three
commissioners, one to a term of office of 2 years and the other two to terms of office of 4 years.
If the board of commissioners is composed of five members, the electors of the district shall, at
the first general election following the resolution, elect five commissioners, two to terms of office
of 2 years and three to terms of office of 4 years. The board of commissioners shall, in their
resolution, designate the term of office of each seat on the board for the purposes of the initial
election following the resolution. Each commissioner shall hold his or her office until a successor
is elected and qualified. Thereafter, each commissioner shall be elected to a 4-year term of
office.
(4) The district board of commissioners, if it resolves to increase the membership of the board or
stagger the terms of office of the members of the board, must do so at least 1 month prior to the
opening of the qualifying period for the next general election. Resolutions to increase board
membership and stagger terms of office may be effective at the same general election.
(5) The board of county commissioners shall call and provide for said election. Members of the
district board of commissioners shall be resident registered electors.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; s. 10, ch. 80-281; s. 4, ch. 86-203; s. 690, ch. 95-
148.
388.111 District boards of commissioners; vacancies.--In the event of a vacancy due to
any cause in any board of commissioners, the same shall be filled by appointment by the
Commissioner of Agriculture for the unexpired term.
History.--s. 2, ch. 59-195; s. 3, ch. 92-203.
388.121 District boards of commissioners; organization.--As soon as practicable after
such commissioners have been elected and qualified, they shall meet and organize by the
election from among their number of a chair, a secretary and a treasurer. Two members of the
board shall constitute a quorum. The vote of two members shall be necessary to transact
business.
History.--s. 2, ch. 59-195; s. 691, ch. 95-148.
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~~ ;h~-a~su-~~~-~ffi~~~ 't~--gi~; th~-CO~~i~.~~~~-~.~f.Ag~i~~lt~r~..~ bond, the cost thereof being '-
borne by the district, conditioned on the faithful performance of the duties of his or her office.
The bond must be approved and filed in the same manner as a bond of the board of county'
commissioners. The failure of any person to make and file the required bond within 10 days after
his or her election creates a vacancy on the board.
History.--s. 2, ch. 59-195; s. 4, ch. 92-203; s. 692, ch. 95-148; s. 35, ch. 98-34.
388.141 Commissioners; compensation.--
(1) Members of the board of commissioners of independent special tax districts may each be
paid a salary to be determined by unanimous vote of the board which shall not exceed $4,800 for
each commissioner during anyone year; however, this section shall not be construed to limit
compensation of district commissioners where higher amounts have otherwise been authorized
by special act or general act of local application. Said members may be reimbursed for expenses
incurred in the performance of their duties as provided in s. 112.061.
(2) No board member of a mosquito control district shall receive compensation except for per
diem and travel expenses authorized pursuant to s. 112.061, for serving on more than one
special district board in this state. All special districts, regardless of the existence of other specific
provisions of law, shall comply with this subsection.
History.--s. 2, ch. 59-195; s. 13, ch. 63-400; s. 5, ch. 86-203; s. 13, ch. 91-308.
388.151 District boards of commissioners; meetings.--AII boards of commissioners shall
hold regular monthly meetings, and special meetings as needed, in the courthouse or in the
offices of the district. The time and place of said regular meetings shall be on file in the office of
the district board of commissioners.
History.--s. 2, ch. 59-195; ss. 19, 35, ch. 69-106; s. 157, ch. 77-147; s. 5, ch. 92-203.
388.161 District boards of commissioners; powers and duties.--
(1) The board of commissioners may do any and all things necessary for the control and
elimination of all species of mosquitoes and other arthropods of public health importance and the
board of commissioners is specifically authorized to provide for the construction and maintenance
of canals, ditches, drains, dikes, fills, and other necessary works and to install and maintain
pumps, excavators, and other machinery and equipment, to use oil, larvicide paris green, or any
other chemicals approved by the department but only in such quantities as may be necessary to
control mosquito breeding and not be detrimental to fish life.
(2) The board of commissioners shall have all the powers of a body corporate, including the
power to sue and be sued as a corporation in said name in any court; to contract, to adopt and
use a common seal and alter same at pleasure, to purchase, hold, lease, and convey such real
estate and personal property as said board may deem proper to carry out the purpose of this
chapter; to acquire by gift real estate, personal property, and moneys and to employ a field
director and such trained personnel, legal, clerical or otherwise, and laborers as may be required.
The board of commissioners shall adopt such rules not inconsistent with the provisions of this
chapter or with other legislation which in its judgment may be necessary for the proper
enforcement of this chapter provided such rules are approved by the department.
History.--s. 2, ch. 59-195; ss. 19, 35, ch. 69-106; s. 158, ch. 77-147; s. 6, ch. 92-203.
388.162 Direction of the program.--The program shall be administered for the board of
commissioners by a qualified person. The department shall establish minimum qualifications for
employment of a director in accordance with the responsibilities attached to the position.
History.--s. 2, ch. 63-236; ss. 19, 35, ch. 69-106; s. 159, ch. 77-147; s. 7, ch. 92-203.
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388.171 Power to perform work.--The board of commissioners may have any and all work
performed by contract with or without advertisement, or without contract, by machinery,
equipment, and labor employed directly by the board of commissioners.
History.--s. 2, ch. 59-195.
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388.181 Power to do all things necessary.--The respective districts of the state are hereby
fully authorized to do and perform all things necessary to carry out the intent and purposes of
this law.
History.--s. 2, ch. 59-195.
388.191 Power of eminent domain.--The board of commissioners may hold, control, and
acquire by gift or purchase for the use of the district, any real or personal property, and may
condemn any land or easements needed for the purposes of said district. Said board may
exercise the right of eminent domain and institute and maintain condemnation proceedings as
provided in chapter 73.
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History.--s. 2, ch. 59-195.
388.201 District budgets; hearing.--
(1) The fiscal year of districts operating under the provisions of this chapter shall be the 12-
month period extending from October 1 of one year through September 30 of the following year.
The governing board of the district shall before July 15 of each year complete the preparation of
a tentative detailed work plan budget covering its proposed operations and requirements for
arthropod control measures during the ensuing fiscal year and, for the purpose of determining
eligibility for state aid, shall submit copies as may be required to the department for review and
approval. The tentative detailed work plan budget shall set forth, classified by account number,
title and program items, and by fund from which to be paid, the proposed expenditures of the
district for construction, for acquisition of land, and other purposes, for the operation and
maintenance of the district's works, the conduct of the district generally, to which may be added
an amount to be held as a reserve.
(2) The tentative detailed work plan budget shall also show the estimated amount which will
appear at the beginning of the fiscal year as obligated upon commitments made but
uncompleted. There shall be shown the estimated unobligated or net balance which will be on
hand at the beginning of the fiscal year and the estimated amount to be raised by district taxes
and from any and all other sources for meeting the district's requirements.
(3) The budget and maintenance tax levy shall be adopted in accordance with the provisions of
s. 200.065.
(4) The governing board:
(a) Shall give consideration to objections filed against adoption of the tentative detailed work
plan budget and in its discretion may amend, modify, or change such budget; and
(b) Shall by September 15 following adopt and execute on a form furnished by the department a
certified budget for the district which shall be the operating and fiscal guide for the district.
Certified copies of this budget shall be submitted by September 15 to the department for
approval.
(5) County commissioners' mosquito and arthropod control budgets shall be made and adopted
as prescribed by subsections (1) and (2); summary figures shall be incorporated Into the county
budgets as prescribed by the Department of Banking and Finance.
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History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 12, 19, 35, ch. 69-106; s. 160, ch. 77-147; s. 6,
ch. 86-203; s. 56, ch. 91-221.
388.211 Change in district boundaries.--
(1) The board of commissioners of any district formed prior to July 1, 1980, may, for and on
behalf of the district or the qualified electors within or without the district, request that the board
of county commissioners in each county having land within the district approve a change ifi the
boundaries of the district.
(2) If the board of county commissioners approves such change, an amendment shall be made
to the order creating the district to conform with the boundary change.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; s. 3, ch. 71-323; s. 11, ch. 80-281.
388.221 Tax levy.--
(1) The board of commissioners of such district may levy upon all of the real and personal
taxable property in said district a special tax not exceeding 10 mills on the dollar during each
year as maintenance tax to be used solely for the purposes authorized and prescribed by this
chapter. Said board shall by resolution certify to the property appraiser of the county in which the
property is situate, timely for the preparation of the tax roll, the tax rate to be applied in
determining the amount of the district's annual maintenance tax. Certified copies of such
resolution executed In the name of said board by Its chair and secretary and under Its corporate
seal shall be made and delivered to the property appraiser and the board of county
commissioners of the county in which such district is located, and to the Department of Revenue
not later than September 30 of such year. The property appraiser of said county shall assess and
the tax collector of said county shall collect the amount of taxes so assessed and levied by said
board of commissioners of said district upon all of the taxable real and personal property in said
district at the rate of taxation adopted by said board for said year and included in said resolution,
and said levy shall be included in the warrants of the property appraiser and attached to the
assessment roll of taxes for said county each year. The tax collector shall collect such taxes so
levied by said board in the same manner as other taxes are collected and shall pay the same
within the time and in the manner prescribed by law to the treasurer of said board. The
Department of Revenue shall assess and levy on all the railroad lines and railroad property and
telegraph and telephone lines and telegraph and telephone property situated in said district in
the amount of each such levy as in case of other state and county taxes and shall collect said
taxes thereon in the same manner as it is required by law to assess and collect taxes for state
and county purposes and remit the same to the treasurer of said board. All such taxes shall be
held by said treasurer for the credit of said board and paid out by him or her as ordered by said
board.
(2) The tax officers of the county are hereby authorized and directed to perform the duties
devolving upon them under this chapter and to receive compensation therefor at such rates or
charges as are provided by law with respect to similar services or charges.
History.--s. 2, ch. 59-195; ss. 21, 35, ch. 69-106; s. 1, ch. 77-102; s. 7, ch. 86-203; s. 693, ch.
95-148.
388.231 Restrictions on use, loan, or rental of equipment; charges.--
(1) Equipment purchased for use in control of mosquitoes and other arthropods and paid for with
funds budgeted for arthropod control shall not be used for any private purpose. No county or
district shall lend or rent equipment so purchased to any other department within the county, or
to another county, district or any public agency or political subdivision of the state without the
prior written approval of the department; nor shall it be so lent or rented without making a use or
rental charge for the use thereof. The department is authorized to establish a fair use or rental
charge on equipmen~ so purchased and may require the maintenance of reasonable and proper
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(2) Any district, county, municipality or public agency using said equipment on a use or rental
basis shall'send a warrant made payable to the county or district, or to such control fund of the
county owning the equipment, for the full payment of such use or rent at the end of each month.
All funds received by a county or district from the renting of its equipment shall be deposited
promptly by the county or district in their state fund account. Upon failure of any county or
district to secure prior written approval from the department before lending or renting its
equipment, or upon the failure of the county or district to collect rents due for the use of its
equipment at rates established by the department, and to deposit said rents promptly under
state funds, the department may immediately remove the equipment and utilize it for arthropod
control purposes in any other area of the state.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 161, ch. 77-147; s. 8, ch.
92-203.
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388.241 Board of county commissioners vested with powers and duties of board of
commissioners in certain counties.--In those counties where there has been no formation of
a separate or special board of commissioners, all the rights, powers, and duties of a board of
commissioners as conferred in this chapter shall be vested in the board of county commissioners
of said county.
History.--s. 2, ch. 59-195; s. 8, ch. 86-203.
388.251 Delegation of authority to county health department.--The board of county
commissioners may authorize the county health department to administer and direct arthropod
control in the county provided by this chapter, upon the following conditions:
(1) The county health department shall keep the books and make all reports required by this
chapter.
(2) All purchases, whether by bid or otherwise, shall be made in accordance with the procedure
followed by the board of county commissioners in making other purchases.
(3) The county health department shall submit to the board of county commissioners, with
supporting vouchers and invoices, monthly itemized statements of expenses incurred in carrying
out the control program in the county.
History.--s. 2, ch. 59-195.
388.261 State aid to counties and districts for arthropod control; distribution priorities
and limitations.--
(1) Every county or district budgeting local funds, derived either by special tax levy or funds
appropriated or otherwise made available for the control of mosquitoes and other arthropods
under a plan submitted by the county or district and upon approval by the department, shall be
eligible to receive state funds, supplies, services, and equipment on a dollar-for-dollar matching
basis up to but not exceeding $30,000 for anyone county for anyone year. A county or district
may, without contributing matching funds, receive state funds, supplies, services, or equipment
in an amount of no more than $30,000 per year for up to 3 years for any new or expanded
program which serves an area not previously served by the county or district. These funds may
be expended for any and all types of control measures approved by the department.
(2) In addition, every county or district budgeting local funds to be used exclusively for the
control of mosquitoes and other arthropods under a plan submitted by the county or district and
approved by the department, shall be eligible to receive state funds and supplies, services, and
equipment for control measures up to but not exceeding 50 percent of the amount of local funds
budgeted for such control. Should state funds appropriated by the legislature be insufficient to
grant each county or district 50 percent of the amount budgeted in local funds, the department
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snail prora(e sala s(a(e runas oasea on me amoum or ma(cnaOle local runas ouage(ea ror
expenditure by each county or district.
(3) Every county shall be limited to receive a total of $100,000 of state funds, exclusive of state
funds brought forward, during anyone year, however, a county or district that receives funds
under subsection (1) for service to an area not previously served may receive up to $130,000
during anyone year.
(4) Up to 20 percent of the annual funds appropriated to local governments for arthropod control
may be used for arthropod control research or demonstration projects as approved by the
department.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 162, ch. 77-147; s. 2, ch.
90-90; s. 9, ch. 92-203.
388.271 Prerequisites to participation.--
(1) When state funds are involved, it is the duty of the department to guide, review, approve,
and coordinate the activities of all county governments and special districts receiving state funds
in furtherance of the goal of integrated arthropod control. Each county or district eligible to
participate hereunder may begin participation on October 1 of any year by filing with the
department not later than July 15 a tentative work plan and tentative detailed work plan budget
providing for the control of arthropods. Following approval of the plan and budget by the
department, two copies of the county's or district's certified budget based on the approved work
plan and detailed work plan budget shall be submitted to the department not later than
September 15 following. State funds, supplies, and services shall be made available to such
county or district by and through the department immediately upon release of funds by the
Executive Office of the Governor.
(2) All purchases of supplies, materials and equipment by counties or districts shall be made in
accordance with the laws governing purchases by boards of county commissioners, except that
districts with special laws relative to competitive bidding shall make purchases in accordance
therewith.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss, 2, 3, ch, 67-371; ss. 19, 31, 35, ch. 69-106; s,
163, ch. 77-147; s. 130, ch. 79-190; s. 9, ch. 86-203.
388.281 Use of state matching funds.--
(1) All funds, supplies, and services released to counties and districts hereunder shall be used in
accordance with the detailed work plan and certified budget approved by both the department
and the county or district. The plan and budget may be amended at any time upon prior approval
of the department.
(2) All funds, supplies, and services released on the 50-percent matching basis shall be used
exclusively for source reduction measures, public education, personnel training and certification,
arthropod population surveillance, research and demonstration projects, larvicides, equipment,
and epidemic alerts as approved by the department. Source reduction measures may include
measures to improve management and enhance the ecological integrity of source reduction
areas. If source reduction measures require permits, approvals, or agreement by federal, state,
regional, or local agencies, such permits, approvals, or agreement shall be obtained prior to
commencement of the source reduction project. These measures include sanitary landfills,
drainage, diking, filling of arthropod breeding areas, and the purchase, maintenance, and
operation of all types of equipment including trucks, dredges, draglines, bulldozers, or any other
type of machinery and materials utilized In ditching, ditch lining, ditch construction, diking, filling,
hiring personnel, rental of equipment, and payment for contract work awarded to the lowest
responsible bidder.
(3) In any county or. district where the arthropod problem has been eliminated, or reduced to
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such an extent that it does not constitute a health, comfort, or economic problem as determined
by the department, the maximum amount of state funds available under this chapter shall be
reduced to the amount necessary to meet actual need.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 164, ch. 77-147; s. 10,
ch. 86-203; s. 3, ch. 90-90; s. 10, ch. 92-203.
388.291 Source reduction measures; supervision by department.--
(1) Any county or district may perform source reduction measures in conformity with good
engineering practices in any area, provided ttiat the department cooperating with the county or
district has approved the operating or construction plan and it has been determined by criteria
contained in rule that the area or areas to be controlled would produce arthropods in significant
numbers to constitute a health or nuisance problem. ",,' >
(2) The county or district shall manage the detailed business affairs and supervise said work,
and the department shall advise the districts as to the best and most effective measures to be
used in bringing about better temporary control and the permanent elimination of breeding
conditions. The department may at its discretion discontinue any state aid provided hereunder in
the event it finds the jointly agreed upon program is not being followed or is not efficiently and
effectively administered.
(3) Property owners in a developed residential area are required to maintain their property in
such a manner so as not to create or maintain any standing freshwater condition capable of
breeding mosquitoes or other arthropods in significant numbers so as to constitute a public
health, welfare, or nuisance problem. Nothing in this subsection shall permit the alteration of
permitted storm water management systems or prohibit maintained fish ponds, xeriscaping, or
other maintained systems of landscaping or vegetation. If such a condition is found to exist, the
local arthropod control agency shall serve notice on the property owner to treat, remove, or
abate the condition. Such notice shall serve as prima facie evidence of maintaining a nuisance,
and upon failure of the property owner to treat, remove, or abate the condition, the local
arthropod control agency or any affected citizen may proceed pursuant to s. 60.05 to enjoin the
nuisance and may recover costs and attorney's fees if they prevail in the action.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 165, ch. 77-147; s. 11,
ch. 86-203; s. 4, ch. 90-90.
388.301 Payment of state funds; supplies and services.--State funds shall be payable
quarterly, in accordance with the rules of the department, upon requisition by the department to
the Comptroller. The department is authorized to furnish insecticides, chemicals, materials,
equipment, vehicles, and personnel in lieu of state funds where mass purchasing may save funds
for the state, or where it would be more practical and economical to use equipment, supplies,
and services between two or more counties or districts.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss, 19, 35, ch. 69-106; s. 166, ch. 77-147; s. 11,
ch. 92-203.
388.311 Carryover of state funds and local funds.--State and local funds budgeted for the
control of mosquitoes and other arthropods shall be carried over at the end of the county or
district's fiscal year, and rebudgeted for such control measures the following fiscal year.
History.--s. 2, ch. 59-195.
388.321 Equipment to become property of the county or district.--AII equipment
purchased under this chapter with state funds made available directly to the county or district
shall become the property of the county or district unless otherwise provided, and may be traded
in on other equipment, or sold, when no longer needed by the county or district.
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_______,_ -. -, -... -- ---, -. -, -... -- ___A
388.322 Record and inventory of certain property.--A record and inventory of certain
property owned by the district shall be maintained in accordance with s. 274.02.
History.--s. 2, ch. 63-236.
388.323 Disposal of surplus property.--Surplus property shall be disposed of according to
the provisions set forth in s. 274.05 with the following exceptions: .
(1) Serviceable equipment no longer needed by a county or district shall first be offered to any
or all other counties or districts engaged in arthropod control at a price established by the board
of commissioners owning the equipment. If no acceptable offer is received within a reasonable
time, the equipment shall be offered to such other governmental units or private nonprofit
agencies as provided in s. 274.05.
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(2) The alternative procedure for disposal of surplus property, as prescribed in s. 274.06, shall
be followed if it has been determined no other county, district, governmental unit, or private
nonprofit agency has need for the equipment.
(3) All proceeds from the sale of any real or tangible personal property owned by the county or
district shall be deposited in the county's or district's state fund account unless otherwise
specifically designated by the department.
History.us. 2, ch. 63-236; ss. 19, 35, ch. 69-106; s. 167, ch. 77-147; s. 12, ch. 92-203; s. 23,
ch. 94-226.
388.331 Audit.--AII counties and districts carrying out programs for the control of mosquitoes
and other arthropods involving the expenditure of state funds shall set up and maintain books
and records under a method approved by the Auditor General and be subject to audit by same.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; s. 8, ch. 69-82.
388.341 Reports of expenditures and accomplishments.--Each county and district
participating under the provisions of this chapter shall within 30 days after the end of each month
submit to the department a monthly report for the preceding month of expenditures from all
funds for arthropod control, and such reports of activities and accomplishments as may be
required by the department.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 168, ch. 77-147; s. 13,
ch. 92-203.-
388.351 Transfer of equipment, personnel, and supplies during an emergency.--The
department, upon notifying a county or district and obtaining Its approval, Is authorized to
transfer equipment, materials, and personnel from one district to another in the event of an
emergency brought about by an arthropod-borne epidemic or other disaster requiring emergency
control.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 169, ch. 77-147; s. 14,
ch. 92-203.
388.361 Rules; administration.--
(1) This chapter and all rules adopted and promulgated hereunder shall be administered and
enforced by the department.
(2) The department shall adopt rules to implement the provisions of this chapter. Such rules
shall provide for:
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(a) Criteria by which a demonstrable increase or other indicator of arthropod population levels is
determined to constitute a public health or nuisance problem.
(b) Criteria regarding aerial spraying on private lands of pesticides, petroleum products, or other
substances for control of adult arthropods which minimize the deposition onto and the potential
for substantial adverse effects to environmentally sensitive and biologically highly productive
public lands caused by such airborne substances. In the promulgation of such rules, the
department shall consider the recommendations of the Florida Coordinating Council on Mosquito
Control.
(c) Requirements that all arthropod control pesticides, including adulticides and larvicides, be
used only in accordance with the registered label and labeling or be otherwise accepted by the
United States Environmental Protection Agency or the department.
(d) Protection of the health, safety, and welfare of arthropod control employees, the general
public, and the natural resources of this state in conformity with the provisions of this chapter.
(3) The department is authorized to adopt rules which are more detailed or stringent than, but
not otherwise inconsistent with, the label requirements of the United States Environmental
Protection Agency.
(4) The department shall adopt rules which establish criteria for the licensure or certification of
all private and public arthropod control applicators and program directors and require
recordkeeping and reporting of applicator activities in furtherance of the goal of integrated
arthropod control. No licensure or certification shall be required of private applicators controlling
arthropods upon their own individual residential or agricultural property.
(5) In order to carry out the provisions of this chapter, the department's duly authorized
arthropod control operation inspectors may enter upon any licensee's premises or any location
where the licensee keeps or stores records or equipment, at reasonable times, in order to have
access for the purpose of inspecting records or any equipment, to inspect lands actually or
reported to be exposed to arthropod control pesticides applied by the licensee, to inspect
licensee storage or disposal areas, to inspect or investigate complaints against licensees of injury
to humans or land resulting from arthropod control pesticides applied by the licensee, or to
sample arthropod control pesticides being applied or to be applied by the licensee.
(6) The department shall have the authority to cooperate with federal and state agencies and to
enter Into such cooperative agreements or commitments as the department may determine
necessary to carry out and enforce the provisions of this chapter.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 170, ch. 77-147; s. 12,
ch. 86-203; s. 15, ch. 92-203.
388.3711 Enforcement.--
(1) The department is empowered to enforce this chapter or its rules by commencing and
maintaining all proper and necessary actions and proceedings, including, but not limited to,
application for injunction to the proper circuit court to grant a temporary or permanent
injunction, or both, restraining any person from violating or continuing to violate any of the
provisions of this chapter or from failing or refusing to comply with the requiremen~s of this
chapter or the rules promulgated thereunder.
(2) The department may deny, suspend, or revoke any license or certification, or the disbursal of
state aid, in accordance with the provisions of chapter 120, upon anyone or more of the
following grounds as may be applicable:
(a) Violation of any rule of the department or provision of this chapter.
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(b) Violation of FlFRA or any relevant EPA rule or regulation pertaining to the use of arthropod
control pesticides by the licensee.
(c) Failure to give the department, or any authorized representative thereof, true information
upon request regarding methods and materials used, work performed, or other information
essential to the administration of this chapter.
(3) The department may, if it finds a violation is of such nature or circumstances that denial,
revocation, or suspension of a certification or license or disbursal of state aid would be
detrimental to the public or be unnecessarily harsh under the circumstances, in its discretion,
place the offending party on probation for a period of not more than 2 years. If the department
determines that the terms of such probation have been violated, it may reinstitute license or
certification or state aid denial, suspension, or revocation proceedings.
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(4) The department, pursuant to chapter 120, in addition to or in lieu of any other remedy
provided by state or local law, may impose an administrative fine not exceeding $500, or less
than $25, for each violation of any of the provisions of this chapter. Each day that a violation
continues shall constitute a separate violation. All amounts collected pursuant to this section shall
be deposited in the department's Aid to Local Governments Arthropod Control Program to be
used for arthropod control research.
(5) In determining the amount of any penalty authorized by this section, the following factors
shall be considered:
(a) The severity of the violation, including the probability that death or serious harm to the
health or safety of any person or the environment will result or has resulted; the severity of the
actual or potential harm; and the extent to which the provisions of this chapter were violated.
(b) Actions taken by the licensee or certified operator in charge to correct the violation or to
mitigate actual or potential harm.
(c) Any previous violations of this chapter.
(6) The department shall publish quarterly a list of disciplinary actions taken pursuant to this
chapter and shall provide such a list to each licensee.
History.--s. 13, ch. 86-203; s. 16, ch. 92-203.
388.381 Cooperation by counties and district.--Any county or district carrying on an
arthropod control program may cooperate with another county, district, or municipality in
carrying out a program for the control of mosquitoes and other arthropods, by agreement as to
the program and reimbursement thereof, when approved by the department.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; ss. 19, 35, ch. 69-106; s. 171, ch. 77-147; s. 17,
ch. 92-203.
388.391 Control measures in municipalities and portions of counties located outside
boundaries of districts.--Any district whose operation is limited to a portion of the county in
which it is located may perform any control measures authorized by this chapter in any
municipality located in the same county or in any portions of the same county, where there is no
established district, when requested to do so by the municipality or county, pursuant to s.
388.381.
History.--s. 2, ch. 59-195; s. 1, ch. 63-236.
388.401 Penalty for damage to property or operations.--Whoever shall willfully damage
any of the property of any county or district created under this or other chapters, or any works
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constructed, maintained, or controlled by such county or district, or who shall obstruct or cause
to be obstructed any of the operations of such county or district, or who shall knowingly or
willfully violate any provisions of this chapter or any rule or regulation promulgated by any board
of commissioners of any county or district shall be guilty of a misdemeanor of the second degree,
punishable as provided in s, 775,082 or s. 775.083,
History.--s. 2, ch. 59-195; s. 1, ch. 63-236; s. 341, ch. 71-136.
388.4111 Public lands; arthropod control.--
(1) It is declared to be.in the best interests of the state that certain environmentally sensitive
and biologically highly productive public lands owned by the state or any political subdivision
thereof where arthropods incubate, hatch, or occur so as to constitute a public health or nuisance
problem may be subject to arthropod control measures. Such measures shall be approved by the
department and performed by the local arthropod control agency consistent with a public lands
control plan as described in subsection (2). The methods employed shall be the minimum
necessary and economically feasible to abate a public health or nuisance problem and impose the
least hazard to fish, wildlife, and other natural resources protected or managed in such areas.
(2)(a) The department shall adopt rules to specify procedures for development and promulgation
of a public lands control plan. Such rules shall require that all land management agencies identify
environmentally sensitive and biologically highly productive public lands under their control which
shall be subject to a public lands control plan. Such public lands shall be identified to the
department and the local arthropod control agency along with a description of the purpose for
which the lands are managed. All public lands not identified by a land management agency as
environmentally sensitive or biologically highly productive shall be subject to the local arthropod
control agency's general work plan.
(b) The local arthropod control agency shall propose a public lands control plan to the land
management agency and the department which shall become effective upon mutual agreement
of the land management agency and the arthropod control agency.
(c) If the land management agency and the local arthropod control agency are unable to agree
on a public lands control plan, the Florida Coordinating Council on Mosquito Control may
recommend a control plan to the department, which shall propose a recommended public lands
control plan. If the land management agency and the local arthropod control agency fail to agree
to such recommended public lands control plan within 30 days of the rendering of such plan,
either agency may petition the Land and Water Adjudicatory Commission to determine whether
the proposed control plan employs methods which are the minimum necessary and economically
feasible to abate a public health or nuisance problem and which impose the least hazard to fish,
wildlife, and other natural resources protected or managed in such areas. Unless bot!] parties
waive their right to a hearing, the Land and Water Adjudicatory Commission shall direct a hearing
officer to hold a hearing within the jurisdiction of the local arthropod control agency pursuant to
the provisions of ss. 120.569 and 120.57 and submit a recommended order. The commission
shall, within 60 days of receipt of the recommended order, issue a final order adopting a public
lands control plan. Consistent with s. 120.57(1)(1), the commission may adopt or modify the
proposed control plan. The commission shall adopt rules on the conduct of appeals before the
commission.
(d) If the adopted public lands control plan provides that the local arthropod control agency shall
perform no arthropod control on designated parcels of publicly owned property within the local
arthropod control agency's jurisdiction, the local arthropod control agency shall be deemed to be
relieved of responsibility for arthropod control on that parcel for the effective period of the
adopted public lands control plan.
(e) Until a public lands control plan pertaining to lands Identified by the Board of Trustees of the
Internal Improvement Trust Fund as environmentally sensitive and biologically highly productive
is adopted, arthropod control activities shall be conducted on such lands only with the consent of
the Board of Trustees of the Internal Improvement Trust Fund.
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History.--s. 14, ch. 86-203; s. 57, ch. 91-221; s. 18, ch. 92-203; s. 119, ch. 96-410; s. 199, ch.
99-13.
388.42 John A. Mulrennan, Sr., Arthropod Research laboratory.--
.- ,
(1) The John A. Mulrennan, Sr., Arthropod Research Laboratory located in Panama City shall be
a research laboratory under the administration of Florida Agricultural and Mechanical University.
The laboratory shall perform basic and applied research to develop and test formulations, .
application techniques, and procedures of pesticides and biological control agents for the control
of arthropods and, in particular, biting arthropods of public health or nuisance importance.
Special attention shall be given to the needs of arthropod control districts, counties, and
municipalities of the state by providing information, assistance, and recommendations for the
safe and effective control of arthropods which create a health or nuisance problem. The
laboratory shall also conduct environmental impact studies to determine the effects of arthropod
control pesticides, with a special emphasis on integrated arthropod control. Each quarter, the
laboratory shall provide the department with such information as the department requires to
assist it in the performance of its duties with respect to arthropod control under this chapter. The
laboratory shall also serve as a center for the training of students and state and local government
personnel in the safe and effective control of biting arthropods that create a public health or
nuisance problem.
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(2) Any funds which may become available from the Federal Government, from any district or
county, from funds appropriated to local arthropod control agencies by the state, or from any
other sources may be used according to law in constructing, equipping, and operating the
laboratory.
History.--ss. 1, 2, ch. 63-443; ss. 19,35, ch. 69-106; s. 173, ch. 77-173; s. 15, ch. 86-203; s.
5, ch. 90-90; s. 19, ch. 92-203.
388.43 Florida Medical Entomology laboratory.--
(1) The Florida Medical Entomology Laboratory, located in Vero Beach, shall be a research and
training center for the state under the supervision of the Board of Regents. The laboratory shall
be an operational unit of the University of Florida and an integral part of the Institute of Food and
Agricultural Sciences.
(2) The Florida Medical Entomology Laboratory shall perform basic and applied research in the
biology and control of biting insects and other arthropods of importance as transmitters of
disease or as pest annoyances, with special attention to the needs of the various mosquito
control organizations, districts, counties, and municipalities of the state. Each quarter, the
laboratory shall provide the department with such information as the department shall require to
assist it in the performance of its duties with respect to mosquito control under this chapter. The
laboratory shall also serve as a center for the training of students and personnel in the
entomological aspects of public health, veterinary science, sanitation, mosquito control, drainage
and irrigation design, wetlands management, and other areas of service requiring knowledge of
medical entomology. Research and training may extend to international programs of the
university under appropriate contract and grant arrangements with international, foreign, and
federal agencies.
History.--s. 1, ch. 79-283; s. 242, ch. 81-259; s. 20, ch. 92-203.
388.45 Threat to public health; emergency declarations.--The State Health Officer has the
authority to declare that a threat to public health exists when the Department of Health discovers
in the human or surrogate population the occurrence of an infectious disease that can be
transmitted from arthropods to humans. The State Health Officer must immediately notify the
Commissioner of Agriculture of the declaration of this threat to public health. The Commissioner
of Agriculture is authorized to issue an emergency declaration based on the State Health Officer's
declaration of a threat to the public health or based on other threats to animal health. Each
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State Health Officer shall order such' human medical preventive treatment and the Commissioner
of Agriculture shall order such ameliorative arthropod control measures as are necessary to
prevent the spread of disease, notwithstanding contrary provisions of this chapter or the rules
adopted under this chapter. Within 24 hours after a declaration of a threat to the public health,
the State Health Officer must also notify the agency heads of the Department of Environmental
Protection and the Fish and Wildlife Conservation Commission of the declaration. Within 24 hours
after an emergency declaration based on the public health declaration or based on other threats
to animal health, the Commissioner of Agriculture must notify the agency heads of the
Department of Environmental Protection and the Fish and Wildlife Conservation Commission of
the declaration. Within 24 hours after an emergency declaration based on other threats to animal
health, the Commissioner of Agriculture must also notify the agency head of the Department of
Health of the declaration.
History.--s, 16, ch. 86-203; s. 21, ch, 92-203; s. 354, ch, 94-356; s. 85, ch. 97-101; s. 201, ch.
99-245.
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388.46 Florida Coordinating Council on Mosquito Control; establishment; membership;
organization; responsibilities.--
(1) ESTABLISHMENT OF COUNCIL; LEGISLATIVE INTENT.-~It is declared to be in the best
interest of the state that public agencies responsible for and involved in arthropod control
activities work together to reduce duplication of effort, foster maximum efficient use of existing
resources, advise and assist the agencies involved in arthropod control in implementing best
management practices and best available technology in controlling arthropods, develop outside
funding sources and establish priorities for research into the environmental effects of arthropod
control, and enhance communication between all interests involved in arthropod control activities.
It is therefore the intent of the Legislature to establish the Florida Coordinating Council on
Mosquito Control within the department. The Florida Coordinating Council on Mosquito Control
shall be an advisory body.
(2) MEMBERSHIP, ORGANIZATION, AND RESPONSIBILITIES.--
(a) Membership.--The Florida Coordinating Council on Mosquito Control shall be comprised of the
following representatives or their authorized designees:
1. The Secretary of Environmental Protection and the Secretary of Health;
2. The executive director of the Fish and Wildlife Conservation Commission;
3. The state epidemiologist;
4. The Commissioner of Agriculture; and
5, Representatives from:
a. The University of Florida, Institute of Food and Agricultural Sciences, Florida Medical
Entomological Research Laboratory;
b. Florida Agricultural and Mechanical University;
c. The United States Environmental Protection Agency;
d. The United States Department of Agriculture, Insects Affecting Man Laboratory;
e. The United States Fish and Wildlife Service;
f. Two mosquito control directors to be nominated by the Florida Mosquito Control Association,
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two representatives or t-Ionaa environmental groups, ana two private citizens wno are property
owners whose lands are regularly subject to mosquito control operations, to be appointed to 4-
year terms by the Commissioner of Agriculture; and
g. The Board of Trustees of the Internal Improvement Trust Fund.
(b) Organization.--The council shall be chaired by the Commissioner of Agriculture or the
commissioner's authorized designee. A majority of the membership of the council shall constitute
a quorum for the conduct of business. The chair shall be responsible for recording and
distributing to the members a summary of the proceedings of all council meetings. The council
shall meet at least three times each year, or as needed. The council may designate
subcommittees from time to time to assist in carrying out its responsibilities, provided that the
Subcommittee on Managed Marshes shall be the first subcommittee appointed by the council.
The subcommittee shall continue to provide technical assistance and guidance on mosquito
impoundment management plans and develop and review research proposals for mosquito
source reduction techniques.
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(c) Responsibilities. --The council shall:
1. Develop and implement guidelines to assist the department in resolving disputes arising over
the control of arthropods on publicly owned lands.
2. Identify and recommend to Florida Agricultural and Mechanical University research priorities
for arthropod control practices and technologies.
3. Develop and recommend to the department a request for proposal process for arthropod
control research.
4. Identify potential funding sources for research or implementation projects and evaluate and
prioritize proposals upon request by the funding source.
5. Prepare and present reports, as needed, on arthropod control activities in the state to the
Pesticide Review Council, the Florida Coastal Management Program Interagency Management
Committee, and other governmental organizations, as appropriate.
History.nSS. 17, 18, ch. 86-203; s. 6, ch. 90-90; s. 5, ch. 91-429; s. 22, ch. 92-203; s. 12, ch.
94-356; s. 1038, ch. 95-148; s. 86, ch. 97-101; s. 200, ch. 99-13; s. 202, ch. 99-245.
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A TT ACHMENT NO. 2
CHAPTER SE-13 MOSQUITO CONTROL PROGRAM ADMINISTRATION
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5E- 13.039
5E-13.040
5E-13.041
SE- 13.042
5E-13.045
SE-13.046
Definitions. (Repealed)
Eligibility for State Aid. (Repealed)
Participation Prerequisites. (Repealed)
Project Inspections. (Repealed)
Project Approval Construction. (Repealed)
Annual Work Plans and Budgets. (Repealed)
Certified Budgets, Filing. (Repealed)
Certified Budgets, Amendments. (Repealed)
Reports of Expenditures, Accomplishments. (Repealed)
State Aid, Basis and Availability. (Repealed)
District or County Use of Funds. (Repealed)
Program Directors, Employment and Classification. (Repealed)
Individual Responsible for the Application of Restricted Pesticides for Arthropod Control Shall be
Required to Pass an Examination. (Repealed)
Penalty for Failure to Comply with Public Law 92-S16, the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) of the U. S. Environmental Protection Agency and Their Rules and with Chapter 388, ES.
and Rule I OD-S4.0 13, FAC. (Repealed)
Effective Date. (Repealed)
Intent. (Repealed)
Definitions.
Eligibility for State Aid.
Source Reduction Prerequisites.
Project Inspections. (Repealed)
Project Approval Construction. (Repealed)
Annual Work Plans and Budgets. (Repealed)
Certified Budgets, Filing.
Certified Budgets, Amendments. (Repealed)
Reports of Expenditures, Accomplishments. (Repealed)
State Aid Basis and Availability.
District or County Use of Funds.
Program Directors, Employment and Classification.
Individual Responsible for the Application of Restricted-Use Pesticides for Arthropod Control Required to
Pass an Examination. (Repealed)
Penalty for Failure to Comply with Public Law 92-SI6, the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) of the U. S. Environmental Protection Agency and Their Rules.
Intent.
Demonstrable Increase or Other Indicator of Arthropod Population LeveL.
Aircraft Application for the Control of Adult Arthropods.
Use Requirements for All Arthropod Control Pesticides. (Repealed)
Protection of Natural Resources and of the Health, Safety, and Welfare of Arthropod Control Employees
and the General Public.
Criteria for Licensure or Certification of Applicators.
Authorization for the Department to Promulgate Rules and Regulations More Stringent Than EPA.
Criteria for Arthropod Control That May Affect Environmentally Sensitive and Biologically Productive
Public Lands and Other Public Lands.
Determination of Excessive Costs for Transferring Maintenance SpoiL. (Repealed)
Alternate State Water Quality Pcnnitting Program for Insect Control Agencies. (Repealed)
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SE-13.021 Definitions.
In addition to those tenns contained in Section 388.011, F.S., the following temlS shall mean:
(I) "Approved Mosquito Control Agency" - any county or district in current compliance with Sections 388.101 or 388.241,
388.\62, 388.262, 388.27\, 388.341, Florida Statutes and Ru\e SE- 13.032, Florida Administrative Code.
(2) "District" - any defined area of the state or a county established for express purpose of controlling arthropods within said
boundaries under the provisions of Chapter 388, F.S. or other legislative acts. These rules shall apply only to districts participating
under Chapter 388, F.S., except as provided in Sections 388.323, F.S. and 388.281, ES.
(3) "Arthropods" - those insects of public health or nuisance importance, including all mosquitoes, midges, dog flies, house
flies, yellow flies, and sand flies.
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(4) "Certified budget" - district or county budget for control of arthropods attested to by the clerk of the circuit court, secretary
of the board of commissioners or any other person duly authorized by law under the official seal of the district or county.
(5) "Source reduction projects" - planned methods to control arthropods through construction designed to alter environmental
conditions in arthropod breeding areas.
(6) "Temporary control activities" - planned methods of controlling arthropods for short periods of time through application of
repetitive measures.
(7) "State funds" - funds received from the state pursuant to Section 388.261(1), F.S. expended for any and all types of
arthropod control measures approved by the department.
(8) "Arthropod Control Research or Demonstration Projects" - studies, educational/administrative product development,
demonstration or training projects that are funded by State funds.
(9) "Beaches and bayshores" - the areas within 1500 feet landward of the high-tide mark.
(10) "Department" - the Department of Agriculture and Consumer Services.
(11) "Adulticide" - a pesticide intended to affect an adult arthropod.
(12) "Use" - any act of handling or release of a pesticide or exposure to man or the environment of a pesticide through acts
including but not limited to:
(a) Application of a pesticide, including mixing and loading and any required supervisory action in or near the area of
application;
(b) Storage actions for pesticides and pesticide containers;
(c) Disposal actions for pesticides and pesticide containers and;
(d) Transportation actions for pesticides and pesticide containers.
(13) "Labeling" - all labels and all other written, printed, or graphic matter:
(a) Accompanying the pesticide or device at any time; or
(b) To which reference is made on the label or in literature accompanying the pesticide or device, except to current official
publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of
Health, Education and Welfare, and other similar federal or state institutions or agencies authorized by law to conduct research in
the field of pesticides.
(14) "Person" - any individual, partnership, association, corporation, organizcd group of persons, whether incorporated or not,
or governmental agency or governmental arthropod control agency's program director.
(15) "Certification" - the recognition by the department that a person is competent in the use of pesticides and other arthropod
control measures. Thus, ~pon completion of all requirements for licensing as an applicator, shall be authorized to use or supervise
the use of arthropod control pesticides.
(16) "Certified applicator" - any person 18 years or older who is licensed to use or supervise the use of a pesticide intended for
arthropod control.
(17) "Commercial applicator" - a licensed applicator, whether or not he is a private applicator with respect to some uses, who
uses or supervises the use of a pesticide intended for arthropod control on any property other than his own individual residence or
on agricultural property regulated by Chapter 487, ES.
(18) "Arthropod control pesticide" -'-- any substance or mixture of substances intended for preventing, destroying, repelling or
mitigating any arthropod as defmed in Section 388.011(4), ES.
(19) "Arthropod control program" - a program organized for the purpose of controlling arthropod populations on property
other than that exempted under Section 388.361(4), ES.
(20) "Director" - a person responsible for the supervision of a district as defined under Section 388.011 (2), F.S.
(21) "Public health pest control" - a category or classification of certification that includes private applicators, federal, state, or
other governmental employees using or supervising the use of general or rcstricted-use pesticides in public health programs for the
management and control of pests having medical and public health and nuisance importance.
(22) "Environmentally sensitive" - public lands that have special ecological values and which values may be lost to a
substantial degree by the application of certain pesticides or other practices used in the control of arthropods.
(23) "Biologically highly productive" - those public lands that make exceptionally high beneficial contributions to the overall
ecology of a region or area.
(24) "Public land management agency" - any federal, state, or county agency that may be responsible for the management of
such public lands as parks, wildlife management areas, preserves, fishing grounds, sea shores, etc., including but not limited to the
department, the Florida Department of Environmental Protection, Game and Fresh Water Fish Commission, and Trustees of the
Internal Improvement Trust Fund.
(25) "Public lands control plan" - those plansfonnulated by a public land management agency and a local arthropod control
agency for the purposes of achieving the legislative intent as declared in Section 388.0101, ES.
(26) "Other public lands" - those lands not identified by a land management agency as environmentally sensitive or
biologically highly productive.
Specific Authority 388.361 FS Law Implemented 388.361,388.411/ FS Hi.l'tOlJI-New 1-1-77, Formerly IOD-54.2I, Amended 2-10-87. Formerly
/OD-54.021. Amended 3-14-94.
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SE-I.3.022 Eligibility for State Aid.
(I) A district or county may be eligible to receive state aid for control of arthropods when it provides an item in its annual
budget for such purpose and complies with provisions of Section 388.271(1), FS.
(2) Nonparticipating counties shall be admitted to the state aid program only on October I of any given year.
Specific AlIthority 388.36i FS Law implemented 388.361 FS, Section II. Chapter 91-428, Laws of Florida. History-New l-i-77, Formerly
JOD-54.22. IOD-54.0ll.
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SE-13.023 Source Reduction Prerequisites.
(I) When proposing source reduction projects a district or county shall prepare and submit to the department:
(a) Entomological investigation report on suspected arthropod breeding areas.
(b) Maps, aerial photographs or photostats of aerial photographs on which location of proposed project is shown and identified ,.
by appropriate number. Locations of proposed drainage ditches, dikes, impoundments, hydraulic fills, grading and filling areas, ',.
etc., indicated with nonpem1anent markings.~:; '.
(c) Description of proposed projects, complete as possible, including the location with reference to known landmarks, soil and (
vegetation type, arthropod producing data, approximate acres of arthropod producing area to be eliminated, method of control
employed, type and size of construction equipment used. If applicable include size and length of drainage ditches or dikes, acreage
to be filled or flooded, etc.
(2) Department personnel shall inspect proposed projects in the field with local directors or their representatives. Inspection
reports shall be examined for entomological, engineering and feasibility objectives by the department.
(3) The department in writing shall approve or deny in whole or in part each individual project and total program.
(4) Work shall not be commenced by a district or county until approvals are received by district or county.
Specific AlIthority 388.36i FS Law implemented 388.361 FS History-New i-I-77, Formerly IOD-54.23, lOD-54.023, Amended 3-14-94, 7-5-95.
5E-13.027 Certified Budgets, Filing.
(I) Not later than September IS each district or county shall submit to the department two (2) copies of a certified budget on
form DACS 130617, Annual Certified Budget for Arthropod Control, (3/95). Differences in amounts shown on the approved
detailed budget and certified budget must be explained by accompanying requcsts for approval of changes to be made in the
detailed budget. The certified budget shall show all estimated cash carry-over amounts as a beginning cash balance. When the
estimated cash carry-over amount in any fund is found to be less than the actual cash carry-over amount, a budget amendment shall
be submitted to budget the additional amount of funds. However, only local fund carryovers rebudgeted by October 30th will be
matched.
(2) Budget amendments on 1'0011 DACS 130613 (3/95), entitled "Arthropod Control Budget Amendment," shall be prepared
and submitted to the department prior to over-expending funds in any account or expending funds in non-budgeted accounts.
Budget amendments must be explained by accompanying requests for approval of changes to be made in the detailed budget.
Department approval of the amendment(s) must be received before such expenditures are made. Copies of this form may be
received from the department's Bureau of Entomology and Pest Control, P. O. Box 210, Jacksonville, Florida 32231-0042.
(3) Not later than thirty (30) days after the end of each month, each district or county shall submit a monthly fmancial report to
the department.
(4) A district or county shall submit two (2) copies of its September financial report to the department not later than sixty (60)
days after close of each fiscal year. Copies of report shall be signed by program director or person responsible for administration of
the program and funds. The department will acknowledge acceptance of the report by signing and returning one (I) copy to the
district or county for the official files.
(5) A district or county shall submit monthly reports of accomplishments and an inventory of chemicals, on prescribed forms to
the department not later than thirty (30) days after the end of each month.
(6) Any county or district withdrawing from participation in state matching funds under Chapter 388, F.S., shall continue to
submit financial reports as required in Rule 5E-13.029(3), F.A.C. until funds received under this program are exhausted.
(7) Forms DACS 130617, Annual Certified Budget for Arthropod Control (3/95) and DACS 130613 Arthropod Control
Budget Amendment (3/95) are hereby incorporated by reference. Copies may be obtained from the Bureau of Entomology and Pest
Control, P. O. Box 210, Jacksonville, Florida 32231-0042.
Specific AlIthority 388.361 FS Law implemented 388.201, 388.271. 388.341 FS. Sectioll II. Chapter 91-428. Laws of Florida. HistOly-New
1-1-77. FOImerly IOD-54.27, IOD-54.027, Amended 7-5-95.
SE-I.3.030 State Aid Basis and Availability.
(I) A district or county shall be eligible to receive state funds on a dollar-for-dollar matching basis not to exceed $30,000 for
anyone county for anyone year provided they meet the requirements of Section 388.261(1), Florida Statutes. Tentative allocations
and payments shall be made on the basis of local funds budgeted. If total expenditures of local funds of a district or county for the
year are under $30,000 and are less than the budgeted sum, a minus adjustment shall be made in the allocation and the payment of
state funds in the manner dcscribed in Rule 5E-13.030(3), F.A.C.
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(2) A county or district shall, without contributing matching funds, receive state funds, supplies, services, or equipment in an
amount not to exceed $30,000 per year for up to 3 years provided the district or county has a new or expanded mosquito control
program which serves an area not previously served by the county or district.
(3) In addition to all other state funds, every approved mosquito control agency shall be eligible to receive Mosquito
ControVWaste Tire Abatement Grant funds as set forth in Section 403.709(2)(e), Florida Statutes, these funds are to be used for the
specific purpose of abating and providing mosquito control relating to waste tire sites, other waste debris sites and similar sites
identified by local mosquito agencies as mosquito breeding areas. Each county with a mosquito control program like that described
above shall receive a minimum of $15,000. Any remaining funds shall be distributed to participating counties on the basis of
county population. If more than one local mosquito control district exists in a county, the funds shall be prorated between the
districts based on the population served by each district.
(4) For purpose of budgeting state funds in any fiscal year districts or countics shall calculate amounts of state funds available
to them based on estimates provided by the department. Tentative allocations and payments shall be made on the basis of matchable
local funds budgeted.
(5) Following receipt and review of a district or county annual fmancial report submitted in compliance with Rule
5E-13.029(2), F.A.C. the amount of state funds earned by a district or county for that fiscal year shall be determined by the
department. That amount is arrived at by dividing the total money appropriated by the number of participating counties or districts.
Any eligible county or district budgeting an amount less than that calculated, will have its share reduced to an amount equivalent to
that budgeted. Additional fl/Ilds made available by such a reduction will be divided evenly between the remaining counties or
districts. Any over or under allocation of funds will be considered in computing state funds payable to the district or county the
succeeding fiscal year. Districts or counties shall be notified of such adj ustments in amount of funds to be allocated and if necessary
shall amend amount of state funds budgeted. The department shall determine the amount of state funds available following receipt
and approval of certified budgets for fiscal year beginning October I. Following the determination of funds available, if necessary,
the department shall make an adjustment in amounts of money payable to the district or counties in the last 3 quarters of current
fiscal year. District or counties shall be notified of the amount of money payable to them and if necessary shall amend amounts of
state funds budgeted. .
(6) The amount of state funds available to a district or county for any fiscal year shall be paid in quarterly installments.
Specific Authority 388.361 FS. Law Implemented 388.261 FS. History-New 1-1-77. Formerly 10D-54.3D. JOD-54.030. Amended 3-14-94.
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SE-13.031 District or County Use of Funds.
(1) Prior to advertising for the purchase of equipment the district or county shall jointly detemune with the department the type
and size of equipment necessary to perform the work planned. The district or county shall submit complete specifications to the
department for all equipment to be purchased when the cost will exceed six thousand ($6,000) dollars per unit, and shall receive an
approved copy of said specifications before advertising for bids.
(2) Districts or counties as authorized by law may, upon department approval, purchase equipment by borrowing funds,
time-payment plan or lease-purchase plan. When purchases an~ made in whole or in part from local funds, amounts paid from local
funds in each fiscal year for the purchase price or principal of loan shall be matched with state funds provided interest, carrying
charges or other loan costs will not be matched.
(3) State funds shall not be used for payment of any item shown under Rule 5E-I3.030(8)(a)-(g), FAC.
(4) Proceeds from sale or rental of property purchased with district, county or state funds shall be deposited and credited to
State funds.
(5) Insecticide sprdY material shall not be sold by districts or counties without approval from the Department.
(6) State funds received shall be deposited in a separate depository account from local funds received. Disbursements shall be
made on prenumbered checks or warrants drawn on proper depository accounts. _
(7) Local and state funds shall be deposited in banks designated as depositories of public funds in accordance with provisions
of Section 659.24, F.S.
Specific Authority 388.361 FS. Law Implemented 388.281 FS. History-NL'W 1-1-77. Formerly lOD-54.31. lOD-54.031, Amended 3-14-94.
SE-13.032 Program Directors, Employment and Classification.
(I) Districts or counties in the state budgeting local funds in excess of thirty thousand dollars ($30,000) for arthropod control
during a fiscal year shall employ a qualified person to plan, supervise and direct the execution of county or district arthropod
control programs.
(2) Persons seeking position of mosquito control program director must submit to the board of conunissioners a written
application setting forth their complete educational background, work cxperience and three (3) names of persons as reference to
their ability in public or business administration.
(3) Conunissioners shall forward to the department their recommendation, together with thc individual's written application,
for employment as mosquito control program director, and upon written approval of the department, pursuant to Section
5E-13.032(4), EA.C., the applicant can be employed following passing an examination as required in Section 5E-13.032(5), EA.C.
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(4) The following minimum director classifications arc based upon amount of local funds budgeted for the fiscal year in which
they are initially employed and for which they assume responsibilities of administration.
(a) Director I -
Local budget $10,000.00 to $39,999.99.
State aid $15,000.00 to $24,999.99.
Minimum qualifications for Director I position: High school graduatc with minimum of thrcc (3) years of training and field
experience in control of mosquitoes, or three (3) years experience in managing a comparable program, or a graduate offour (4) year
college or university with a degree in the basic sciences or engineering.
(b) Director II-
Local budget $40,000 to $499,999.99.
State aid $25,000.00 to $49,999.99.
Minimum qualifications for Director II position: Gmduate of four (4) year college or university with a degree in the basic sciences
or engineering. Requirements for college degree shall be waived upon proof of a satisfactory work experience record of four (4)
years duration directing or assisting in directing a work program in the mosquito or arthropod control field of comparable size and
budget to that of the District or County where the application is pending.
(c) Director III-
Local budget $500,000.00 and over.
State aid $50,000.00 and over.
Minimum qualifications for Director III position: Graduate of four (4) year college or uni versity with a degree in the basic sciences
or engineering and two years work experience in mosquito control.
(5) When a mosquito control program director's position is to be filled, the applicant shall take and pass a written examination
prior to appointment or within six months of employment.
Specific Authority 388.361 FS. Law Implemented 388.162 FS. Histmy-New 1-1-77, Formerly IOD-54.32, Amended 2-10-87. Formerly
IOD-54.032, Amended 3-14-94, 7-5-95.
5E-13.034 Penalty for Failure to Comply with Public Law 92-516, the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) of the U. S. Environmental Protection Agency and Their Rules.
(I) The board of commissioners of a county, or mosquito control district, whichever is applicable, shall be notified when it is
found that the mosquito control program director is violating the Federal or state laws or rules governing the application of
restricted pesticides. The board of commissioners will take whatever action is necessary to prevent future violations.
(2) Certification of applicators may be suspended, revoked, or renewal thereof denied, by the Department, its successor agency
or programs, upon one or more of the following grounds:
(a) Violation ofFIFRA, any relevant EPA rule or regulation, or any ordinance or regulation of the Commissioners;
(b) Conviction in any court within this state of the violation of any provision of this Act, or any rule or regulation or ordinance
of the Department or the Commissioners;
(c) A final order imposing civil penalties under subsection 14(a), Public Law 92-516, or a criminal conviction under subsection
14(b), of said Public Law;
(d) Knowingly using methods or materials unsuitable for control undertaken;
(e) Performing control in a negligent manner;
(f) Failure to give the Department or Commissioners or authorized representatives thereof, true information upon request
regarding methods and materials used, work performed, falsification of records, or other infomlation essential to the administration
of this measure;
(g) Failure of the certified applicators to maintain for a period of at least two years operational records containing information
on kinds, amounts, uses, dates, and places of application of restricted use of pesticidcs. -
(3) The Board ofCommissioncrs shall cnact appropriate regulations or ordinances within a reasonable time covering discharge
or other disciplinary action in at least those areas as desib'llated in Rule 5E-13.034(2), F.A.C.
(4) It shall be the duty of the Board of Commissioners to notify the Department when violations have been brought to the
commissioner's attention and when action under Rule 5E-13.034(3), F.A.C. is instituted.
(5) Should the Board of Commissioners fail to take appropriate action when violations have been brought to their attention, it
will be the duty of the Department to present all evidence to the U. S. Environmental Protection Agency (EPA) for such action as
that agency may determine is warranted.
Specific Authority 388.361 FS. Law Implemented 388.361 FS.. See/ion 11, Chapter 91-428. Laws of Florida. History-New 1-1-77. Formerly
IOD-54.34, I OD-54. 034.
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5E-13.035 Intent.
It is the intent that Rules 5E-13.033 and 5E-13 .034, F.A.C. shall be subject to provisions of Public Law 92-516 administered by the
U. S. Environmental Protection Agency and their rules and/or by such laws and rules as may be passed by the State of Florida,
regarding the use and application of restricted pesticides as described and listed in the Federal Register as rules of the U. S.
Environmental Protection Agency.
Specific Authority 388.361 FS. Law Implemented 388.361 FS. U. S Pub. Law 92-516, Section 11, Chapter 91-428, Laws of Florida. History-New
1-1-77, Fonnerly LOD-54.35, IOD-54.035.
5E-I3.036 Demonstrable Increase or Other Indicator of Arthropod Population Level.
Mosquito and other arthropod control programs will insure that the application of pesticides arc made only when necessary by
determining a need in accordance with specific criteria that demonstrate a potential for a mosquito-borne disease outbreak or
numbers of disease vector mosquitoes sufficient for disease transmission or defmed levels of, or a quantifiable increase in numbers
of pestiferous mosquitoes or other arthropods as defined by Section 388.011(1), F.S. To determine the need for applications of ",I
adulticides, at least one of the following criteria will be met and documented by records:
(I) When a large population of adult mosquitoes is demonstrated by either a quantifiable increase in, or a sustained elevated,
mosquito population level as detected by standard surveillance methods, including citizen complaints.
(2) Where adult mosquito populations build to levels exceeding 25 mosquitoes per trap night or 5 mosquitoes per trap hour
during crepuscular periods.
(3) When service requests for arthropod control from the public have been confirmed by one or more recognized surveillance
methods.
(4) When counts as determined by normal surveillance methods in the daytime exceed 5 per minute for stable flies (dogflies)
on beaches and bayshores.
(5) Aircraft applications of mosquito adulticides along beaches and bayshores shall be justified only when there is a
demonstrable three-fold increase over a base population.
(6) Surveillance records shall be kept at least three (3) years to document need for adulticide applications.
Specific Authority 388.361 FS. Law Implemented 388.361 (2)(a) FS. History-New 2-10-87, Formerly JOD-54.036, Amended 3-/4-94. 7-5-95.
5E-13.037 Aircraft Application for the Control of Adult Arthropods.
(I) Any arthropod control activities conducted under this section by local arthropod control agency on private lands where
there is a possibility of deposition of airborne substances on public lands determined to be environmentally sensitive and
biologically highly productive under Section 5E-13.042, F.A.C. will be conducted in a manner to minimize the deposition onto
such lands. An adopted public lands control plan approved under Section 5E-13.042, F.A.C. shall supersede the requirements of
this rule when the terms conflict. .
(2) Once the decision to apply an adulticide by aircraft is made, the following will apply: .
(a) Only specific areas where a need is documented by the criteria outlined in Section 5E-13.036, F.A.C. will be treated.
(b) Adulticides selected shall be those labeled for aircraft application in accordance with Section 5E-13.046(6)(b), F.A.C. to
provide adequate control of the problem mosquitoes or other arthropods and when used in accordance with widespread and
commonly recognized practice it will not cause unreasonable adverse effects on the environment. Adulticide labels will be strictly
followed.
(c) Application shall be timed to be most effective during mosquito activity periods. Application shall not be later than 2 hours
after sunrise nor earlier than 2 hours before sunset. Other arthropod treatment and treatments for disease epidemics involving Aedes
aegypti or Aedes albopictus can be made during daytime hours.
(d) Equipment shall be calibrated to insure correct particle size and accurate and uniform dosages in accordance with labeling
specifications.
(e) Pesticide labels prohibit aerial application of adulticides directly to open water of the ocean, gulf, bays or lagoons thereof,
therefore, when aircraft release sprays over water targeted to drift over land, wind speed and direction shall be sufficient to carry
spray to land.
(t) After an aerial adulticiding operation takes place, records shall be maintained for a minimum of3 years which will include
at least the following:
I. The area treated.
2. The application rate and the material used.
3. The equipment and technique used.
4. The name of the pilot in command.
5. The date, time, temperature, and general wind speed and direction.
6. Pretreatment and post-treatment records of mosquito and other arthropod presence including:
a. Number and type of trapping and surveillance methods used.
b. Trap and surveillance site location.
c. Pretreatment and post-treatment trap catches, landing rates or surveillance levels by mosquito species involved.
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7. Apparent non-target effects.
(3) Exemptions - Aerial applications of adulticides made for research purposes that have been properly permitted by federal
and state agencies are exempt from this rule.
Spec!fic Authority 388.361 FS Law Implemented 388.361(2)(a) FS. Section ll. Chapter 91-428. Laws (!f Florida. History-New 2-10-87.
Formerly JOD-54.037.
5E-13.039 Protection of Natural Resources and of the Health, Safety, and Welfare of Arthropod Control Employees
and the General Public.
(I) Methods of mosquito control performed on private land where natural resources are a major concern shall be conducted in
a manner to protect the environmental and ecological integrity of the lands and waters.
(2) To protect the health, safety and welfare of arthropod control employees and the general public, applicators certified in
public health pest control or health related pest control will supervise no more than 15 uncertified employees and shall provide
instructions and training to those employees to include the following: u,/, .
(a) The safety procedures and precautions to be followed in handling or applying arthropod control pesticides as specified by i
their labeling.
(b) The proper use and care of safety clothing and equipment to be worn or used as may be specified in the label.
(c) The common symptoms of pesticide poisoning.
(d) The dangers of eating, drinking or smoking while handling or applying pesticides and the need to wash clothing worn and
bathe after working with pesticides in order to avoid unnecessary prolonged exposure to pesticides residues.
(e) The name and location of nearby medical facility at which emergency treatment for pesticide exposure may be obtained.
(I) Instructions regarding operation of application equipment in or over residential areas to minimize exposure to the general
public.
(g) Instructions regarding emergency procedures to be follow~d in the event of an accidental pesticide spill particularly those
relating to a vehicular accident and resultant spill and dumping procedures in the event of an aircraft emergency.
Specific Authority 388.361 FS Law Implemented 388361(2)(d) FS, Section ll. Chapter 91-428. Laws of Florida. HistOly-New 2-10-87,
Formerly 10D-54.039.
5E-13.040 Criteria for Licensure or Certification of Applicators.
(I) It is a violation of these rules for a person to apply or supervise the application of a pesticide intended to control arthropods
on property other than his own individual residential or agricultural property unless he is licensed to do so or is working under the
supervision of a licensed applicator.
(2) Licensing and exemptions. All persons who apply an arthropod control pesticide, unless they operate under the direct
supervision of a licensed applicator, shall apply to the department for certification and be licensed as an arthropod control pesticide
applicator by the department whether such pesticides used are classified as general use or restricted use, except those applicators
controlling arthropods upon their own individual residential or agricultural property.
(3) Certification standards. Competency standards for the certification of public health pest control applicators will be
determined by an examination that demonstrates a practical knowledge of thc principles and practices of arthropod control and the
safe use of pesticides and a category examination which demonstrates a practical knowledge of vector-disease transmission as it
relates to and influences application programs. A passing gmde of 70 percent, or above, will be required on this examination
administered by the department.
(4) Recertification. All certified applicators shall provide evidence of continued competency prior to certificate renewal by
examination or by accrual of not less than 16 hours of continuing education credit. Each certificate holder shall complete a
minimum of 2 hours of approved continuing education on legislation, safety, pesticide labeling, mosquito biology, and mosquito
control techniques, or pass an examination given by the department. Failure to meet continuing education requirements or to pass
an examination on the topics detailed above, shall result in the nonrenewal of a certificate. Courses or programs to be considered
for credit shall contain one or more of the following topics:
(a) The law and rules of the state pertaining to mosquito control.
(b) Precautions necessary to safeguard life, health, and property in the conducting of mosquito control and the application of
pesticides.
(c) Mosquitoes, their habits, identification, and relative importance as to nuisance and vectors of disease.
(d) Currently accepted practices in the conducting of measures for the control of adult and larval forms of mosquitoes and
surveillance techniques.
(e) How to read labels, a review of current state and federal laws on labcling, and a review of changes in or additions to labels
on pesticides used in mosquito control. .
(5) Licenses shall be renewed every 4 years from the date ofthc original certification.
(6) Re-examination will be required iflicense is not renewed within 90 days of expiration date.
(7) All applicators perfonning public health pest control shall be licensed by January I, 1988.
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(8) Public Health Pest Control applicators shall keep accurate records so that monthly activity reports relative to pesticide
application, source reduction, water management, biological control and surveillance activities can be assessed by the department.
Pesticides use records shall include the name of applicator, pesticide and amount uscd, how applied, where applied, rate of
application, date and time of application. These reports shall be retained for a period of 3 years and be made available to the
department upon request.
(9) Aerial applicators shall demonstrate a practical knowledge of the principles and practices of aerial pest control and the safe
application of pesticides by aerial delivery means. Such competence will be demonstrated in an aerial applicator examination
administered by the department. In addition, aerial applicators conducting mosquito control operations must be certified in Public
Health Pest Control as outlined above.
(10) All new mosquito control directors shall demonstrate ,competence in all the areas as heretofore described for Public Health
Pest Control certification. In addition, a director must demonstrate an understanding of budgetary planning and mathematical .
calculations for mixing and applying pesticides. Directors shall demonstrate their knowledge of the above by passing an
examination administered by the department.
Specific Authority 388.361 PS Law Implemented 388.361 (4) PS Histor~New 2-10-87, Fonnerly JOD-54.040, Amended 3-14-94.
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SE-13.041 Authorization for the Department to Promulgate Rules and Regulations More Stringent Than EPA.
The procedures to be followed by the department in promulgating rules more detailed or stringent than the registered label will be
the same as those described in detail in the Memorandum of Understanding (September 9, 1986) between the Department of
Agriculture and Consumer Services and the Department of Health and Rehabilitative Services, is incorporated by reference. A copy
is on file with the department.
Specific Authority 388.361 PS Law Implemented 388.361 (3) FS., Section I I, Chapter 91 -428, Laws of Florida. Histor~New 2-10-87, Formerly
JOD-54.04I.
SE-13.042 Criteria for Arthropod Control That May Affect Environmentally Sensitive and Biologically Productive
Public Lands and Other Public Lands.
(I) It is the intent of this rule to implement Section 388.4111, F.S. by establishing the procedures to be followed to implement
arthropod control plans on environmentally sensitive and biologically highly productive public lands.
(2) Land management agencies and local arthropod control agencies are encouraged to work cooperatively to informally
achieve agreement on public land control plans. To that end, local arthropod control agencies shall, upon request of a land
management agency, describe alternative arthropod control measures which may be appropriate for particular public land and
otherwise upon request provide information relative to arthropod control.
(3) Each public land management agency managing lands in Florida shall:
(a) Determine whether it is managing public lands in Florida that are environmentally sensitive and biologically highly
productive.
(b) Give written notice to the department and any affected local arthropod control agencies which lands are environmentally
sensitive and biologically productive. A list of the mosquito control agencies shall be provided by the department to all land
management agencies. Written notice shall include but not be limited to:
1. Aerial photographs or maps depicting the public lands made subject to the notice;
2. A statement of the purpose for which the lands are managed along with a description of ecological data giving rise to the
determination of the land management agency;
3. A specification of the potential ecological harm to be guarded against in planning arthropod control on' such land with a
detailed statement, in so far as reasonably feasible, of what arthropod control measures, if any, the land management agency
believes would be suitable for such lands; and
4. Such other pertinent information relative to such detcrmination that provides a better understanding of the land management
agency's problems that need to be addressed in an arthropod control plan for the land subject to such determinations.
(4) A local arthropod control agency upon receipt of a written notice shall:
(a) Prepare a written plan for arthropod control on the environmentally sensitive and biologically highly productive public
lands identified in the notice. Such proposed plan shall be submitted to the public land management agency within 45 days from
receipt of the notice.
(b) The proposed Public Lands Control Plan shall include but not be limited to:
1. The need for arthropod control on the identified lands.
2. The areas where arthropod control measures are proposed.
3. The location of any rotary ditching or other land modification activity.
4. Operational schedules for water level fluctuations.
5. Notification of public lands manager before comnH.:ncement of control measures.
6. Periodic restrictions as applicable, for example peak fish spawning times.
7. The criteria to be used in determining application of pesticides. Such criteria shall not be less restrictive than Section
5E-13.036, FAC.
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8. The C01l11l1on or chemical name of the pesticides expected to be used.
9. The method of application to be used for each specific product.
10. The rate of application to be used for each specific product.
(5) The proposed public lands control plan shall:
(a) Become effective i1l11l1ediately upon agreement between the Public Lands Management Agency, the local arthropod control
agency and the department or
(b) Become effective within 45 days, or such other period of time agreed to by both parties, from receipt by the public Lands
Management Agency unless the Public Lands Management Agency objects to the proposed plan. The objection(s) of the land
management agency shall be filed with the local arthropod control agency and the department with a statement of the reasons for
the objection(s) and suggested alternatives. Failure to object to a proposed control plan or a portion thereof shall be deemed consent
to perform control methods not objected to.
(6) If the land management agcncy and the local arthropod control agency are unable to agree on a public lands control plan,
either party may, by written notice, request the department initiate the dispute resolution process pursuant to Section
388.4111 (2)( c), F.S. The department shall, within 15 days ofreceipt of such written notice forward the proposed control plan, the
land management agency's objections, and any other pertinent correspondence or information to the Florida Coordinating Council
on Mosquito Control for consideration and recommendation.
(7) Lands identified as environmentally sensitive and biologically highly productive shall remain subject to the local arthropod
control agency's general work plan prior to approval of a control plan pursuant to this rule. However, environmentally sensitive and
biologically highly productive public lands identified and managed by the Trustees of the Internal Improvement Trust Fund shall
not be subject to control measures without the Trustees' consent.
(8) Approved control plans shall be kept on me with the department. If neither the land management agency or the local
arthropod control agency give notice of the' need to revise an approved plan, the approved plan shall continue in effect until
replaced by substitute plan. If either the land management agency or the local arthropod control agency wishes to revise an
approved plan, written notice shall be given to the department and the other agency. A response shall be given within 45 days.
Agreed upon revisions shall be submitted to the department. In the event the parties are unable to agree, the dispute resolution
procedures of subsection (6) of this rule shall be utilized.
Specific Authority 388.361, 388.41 II FS. Law Implemented 388.4 II I FS., Sectio/l II, Chapter 91-428, Laws of Florida. HLI.tory-New 2-10-87,
Formerly IOD-54.042.
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